Under UAE law, individuals have right to privacy, which extends to unwanted intrusions via telemarketing calls
Pavitra Shetty
Published on August 5, 2024, 13:01:04
The UAE government has introduced transformative legislation through Cabinet Resolutions No. 56 and No. 57 of 2024 to regulate telemarketing practices.
Effective August 27, 2024, these rules aim to protect consumers from unwanted marketing calls while ensuring businesses operate transparently and ethically.
Key Provisions of Cabinet Resolution No. 56 of 2024
Objective and Scope
The new regulations seek to balance consumer privacy with business needs by controlling the marketing of products and services via phone calls.
Applicable to all licensed companies in the UAE, including those in free zones, the rules prohibit natural persons from making marketing calls using personal phone numbers.
Obligations for Companies
* Approval and Training: Companies must obtain prior approval from the Telecommunication and Digital Governance Regulatory Authority (TDRA) before telemarketing. They are also required to train their marketers on professional ethics and the use of the Do Not Call Registry (DNCR).
* Local Numbers: All marketing calls must be made using local phone numbers registered under the company’s commercial licence.
* Record-Keeping and Reporting: Companies are required to maintain detailed records of all marketing calls and submit regular reports to the relevant authorities.
* Call Controls: Marketing calls are restricted to between 9.00 am and 6.00 pm. Companies must avoid deceptive practices and undue pressure tactics. If a consumer rejects a product or service, the company must not call them again.
Furthermore, companies can call consumers no more than once a day and twice a week if the call goes unanswered.
Consumer Protection
Consumers can register their phone numbers in the DNCR to avoid unsolicited marketing calls.
Should they continue to receive unwanted calls, they can file a complaint with the TDRA, which will investigate and take action against the offending company.
Penalties Under Cabinet Resolution No. 57 of 2024
Cabinet Resolution No. 57 outlines strict penalties for companies and natural persons that violate the telemarketing regulations. The penalties for businesses that contact consumers on the DNCR include:
First Violation: Dh50,000 fine
Second Violation: Dh75,000 fine
Third and Subsequent Violations: Dh150,000 fine
Additional sanctions may include warnings, suspension of telemarketing activities, and even the cancellation of business licences, depending on the severity and frequency of the violations.
For individuals, penalties include fines and interruptions of phone services, escalating with repeated violations.
Grievance Mechanism
Companies and individuals can file grievances against penalties within 15 days, and the relevant authority must decide on the grievance within 30 days, ensuring a fair and transparent process.
Taking Legal Action Against Unwanted Sales Calls
If you continue to receive unwanted sales calls despite these regulations, here are the steps you can take to protect your privacy:
* Register with the Do Not Call Registry: Ensure your number is listed on the UAE's Do Not Call Registry (DNCR). This is your first line of defence against unsolicited calls.
* Report Violations: If you receive a call that violates the TRA’s regulations, report it. You can file a complaint through the Telecommunication and Digital Governance Regulatory Authority (TDRA)’s official website or contact their customer service hotline.
Be prepared to provide details such as the caller’s number, the time of the call, and the nature of the violation.
* Document Calls: Keep a record of the unwanted calls you receive. Note the date, time and any information about the caller. This documentation can support your complaint and any legal action you may pursue.
* Block Numbers: Use your phone’s call-blocking features to prevent future calls from specific numbers. While this is a reactive measure, it can provide immediate relief from persistent callers.
Understanding Your Legal Rights
From a legal perspective, residents in the UAE have robust protections against unwanted telemarketing calls. The TRA's regulations are designed to uphold privacy and ensure that telemarketing activities are conducted ethically.
Violations of these regulations can result in penalties for the offending companies, including fines and potential bans from conducting telemarketing activities.
Moreover, under UAE law, individuals have the right to privacy, which extends to unwanted intrusions via telemarketing calls.
If a telemarketing company breaches these privacy rights, affected individuals can seek legal recourse, potentially leading to compensation for any distress or inconvenience caused.
The UAE's latest telemarketing regulations mark a significant step towards protecting residents from the nuisance of unwanted sales calls. By understanding these regulations and knowing how to take action, you can safeguard your privacy and hold violators accountable.
If you find yourself inundated with unsolicited calls, remember that legal avenues are available to ensure that your rights are respected.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels
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