How should a business record customer consent to be called?
Record consent when it is given, in a form you can prove later: who agreed, to what, when, through which channel, and the exact wording they saw. Under TRAI's TCCCP Regulations 2018, consent that overrides DND for promotional calls should be explicit and verifiable, and TRAI has pushed digital consent acquisition on DLT. The DPDP Act 2023 adds that withdrawing consent must be as easy as giving it.
Two laws, two kinds of consent
TCCCP 2018 is about consent to receive commercial communication, especially promotional calls to numbers with DND preferences. The DPDP Act 2023 is about consent to process personal data. A good record satisfies both: it names the business, the purpose (calls and messages about a specific product or enquiry) and the channels.
What to capture
| Field | Example |
|---|---|
| Who | Mobile number and name as submitted |
| What they agreed to | Calls and WhatsApp messages about home loan enquiries from [Business] |
| Exact wording shown | The checkbox or form text, with a version number |
| When | Date and time |
| Where | Meta lead form, website page, store visit, inbound call |
| How to withdraw | Reply STOP, say so on any call, or email |
Digital consent acquisition
TRAI directed operators to build a digital consent acquisition facility on the DLT platform, where a customer confirms consent through an operator-sent message and the record sits on the ledger. Where it is available for your use case, it is the strongest proof for promotional calling to DND numbers. Ask your operator whether it is live for your account.
Mistakes to avoid
- —Pre-ticked boxes, which fail the DPDP standard of a clear affirmative action.
- —Burying consent in terms and conditions nobody reads.
- —Reusing one consent for unrelated products or group companies.
- —No way to record withdrawals across every system that holds the number.
- —Relying on consent collected by a lead vendor or agency in its own name rather than yours.
How Outpero fits
Outpero can capture a custom field on every call, such as whether the person agreed to further contact or asked not to be called, and send it to your CRM through a webhook. The consent record itself belongs in your system of record.
Consent wording is where most disputes start. Have it reviewed by counsel against both TCCCP 2018 and the DPDP Act 2023.
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