RBI/2008-09/177
DBOD.No.FSD.BC.45/24.01.011/2008-09

September 17 , 2008

All Commercial Banks
(excluding RRBs)

Dear Sir

Unsolicited Commercial Communications – National Do Not Call (NDNC)Registry

Please refer to our circulars No.DBOD.FSD.BC.19/24.01.011/2007-08 dated July 3, 2007, DBOD.FSD.BC.35/24.01.011/2007-08 dated October 19, 2007 and letter DBOD.FSD.6014/24.01.011/2007-08 dated November 16, 2007 on the above subject.

2. Telecom Regulatory Authority of India (TRAI) has brought to our notice a recent direction of the Hon’ble Supreme Court in the case of Harsh Pathak vs. Union of India & others passed on July 31, 2008, in which it has been directed that any telemarketer who is not registered with Department of Telecommunication (DoT) should not be permitted to operate the telemarketing services.

3. We therefore reiterate that banks should ensure that only those DMAs/DSAs who are registered as telemarketers with DoT are employed by them. Further, any employment of telemarketers who are not registered with DoT by banks would be treated as a violation of Hon’ble Supreme Court’s above direction.

Yours faithfully,

(P.Vijaya Bhaskar)
Chief General Manager