If you are stuck in such a situation, here is what to do.

A 16-year-old boy from a town in Uttar Pradesh found himself in a distressing situation. After his subscription with an online coaching platform, ‘BrightSparx Tutors’, expired, he began receiving an incessant barrage of calls from their sales team. Over a few weeks, he was contacted dozens of times, urging him to either renew his old plan or purchase a new, more expensive course. Despite sending multiple emails to the company’s official support address requesting them to remove his contact details from their database and cease all communication, the calls continued unabated. The student felt harassed and cornered, hesitant to involve his parents but desperate for a solution to stop the aggressive sales tactics from the company.

Advice in such cases

When faced with persistent and unwanted commercial communication, it’s important to take systematic steps to protect your privacy and peace of mind. Such aggressive tactics can constitute harassment and a breach of your data privacy rights. Here is a step-by-step guide to handle the situation effectively.

• Document Everything: Keep a detailed log of all calls, including dates, times, and the numbers they are calling from. Save all email correspondence and text messages. This documentation will be crucial evidence.
• Send a Formal Notice: While emails are a good start, sending a formal cease and desist notice through a lawyer can be more effective. This notice formally demands that the company stop contacting you and threatens legal action if they fail to comply.
• Block the Numbers: As a temporary measure, block the numbers from which you are receiving calls. However, be aware that companies often use multiple numbers.
• Report to TRAI: You can report unsolicited commercial communications to the Telecom Regulatory Authority of India (TRAI) through their DND (Do Not Disturb) app or by sending an SMS to 1909.
• Consult with Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.

Applicable Sections of Law

Several laws in India protect individuals from such harassment and misuse of personal data. The approach can be multi-pronged, involving consumer protection laws, information technology laws, and in severe cases, criminal law.

• The Consumer Protection Act, 2019: Section 2(47) of this Act defines “unfair trade practice,” which includes any deceptive practice for the purpose of promoting the sale, use or supply of any goods or for the provision of any service. Persistent and unsolicited calls can be argued as an unfair trade practice. A complaint can be filed in the appropriate Consumer Dispute Redressal Commission.
• The Information Technology Act, 2000: Section 43A of the IT Act holds corporate bodies liable for compensation if they are negligent in implementing and maintaining reasonable security practices and procedures, resulting in wrongful loss or wrongful gain to any person. Section 72A provides for punishment for disclosure of information in breach of a lawful contract.
• Bharatiya Nyaya Sanhita, 2023 (BNS): In extreme cases where the communication becomes threatening or is intended to cause alarm and distress, provisions of the BNS could be invoked. For instance, if the nature of the calls escalates to a level of monitoring a person’s electronic communication to foster personal interaction repeatedly despite a clear indication of disinterest, it could potentially be covered under Section 84 (Stalking).

If you are the complainant

As the person filing the complaint, you are the driving force behind the legal action. Your role is to gather and present the facts clearly. Start by organizing all your evidence. Draft a clear timeline of events. Your first formal step should be sending a legal notice drafted by your advocate. If the company does not comply, your advocate will guide you on the next steps, which could be filing a consumer complaint, a police complaint, or a suit for damages for breach of privacy.

If you are the victim

Being the victim of such harassment can be mentally taxing, especially for a minor. It is important to understand that you have the right to privacy and the right to not be harassed. The law is on your side. Do not feel intimidated by the company’s size or persistence. Speaking to a trusted adult, like your parents or guardians, is a crucial step. They can provide support and help you engage with a lawyer to take formal action. Remember, you are not just stopping the harassment against yourself but also holding a company accountable for its unethical practices.

How the police behave in such cases

Initially, the police might be hesitant to register an FIR for telemarketing calls, often viewing it as a non-cognizable or civil issue. However, if you approach them with a well-drafted complaint prepared by a lawyer, citing specific legal provisions under the IT Act or BNS (if applicable), they are more likely to take it seriously. A lawyer’s intervention can ensure the police understand the gravity of the issue, especially when it involves the harassment of a minor and a potential data breach. They may summon the company officials for an explanation or, in serious cases, register an FIR under the relevant sections, prompting a formal investigation.

FAQs people normally have

• Can I sue the company for compensation for mental harassment?
  Yes, you can file a case in a consumer court for unfair trade practices and seek compensation for the mental agony and harassment caused. You can also file a civil suit for damages for breach of your right to privacy.
• What if the company calls from different numbers each time?
  This is a common tactic. It is important to log every number. This pattern of behavior strengthens your case as it shows a deliberate attempt to circumvent your attempts to block them and establishes a pattern of harassment.
• Is a verbal request to stop calling not enough proof?
  While a verbal request is a start, it is difficult to prove in court. This is why written communication (emails, legal notices) is essential. If you can legally record a call where you clearly state your request to be removed from their list, that can also serve as strong evidence.

What evidence is required?

To build a strong case, you need to collect and preserve as much evidence as possible. The key pieces of evidence include:

• A detailed log of all calls received, with dates, times, and the phone numbers.
• Screenshots of your phone’s call history.
• Copies of all emails and messages exchanged with the company, including your requests to be unsubscribed.
• The postal and delivery receipts of any physical notice (like a legal notice) sent to the company.
• If possible and legally permissible in your jurisdiction, audio recordings of the phone calls where you have explicitly asked them to stop calling you.

How long will the investigation take?

The duration of the process depends on the path you choose. If a legal notice resolves the issue, it can be over within a couple of weeks. If you file a consumer complaint, the process can take several months to a year, depending on the workload of the consumer commission. A police investigation, if an FIR is filed, can also take a few months. The timeline is influenced by the company’s cooperation, the clarity of your evidence, and the efficiency of the legal forum you have approached.

Advocate Sudhir Rao, Supreme Court of India