1. For transactional messages, the operator and the SMS aggregator need to be treated as intermediaries and protected from any connection stoppage. The information about the opt-in or the need for sending the transactional message is only known to the entity sending it. The operator or aggregator should be responsible, and the deposit and guarantee money should be paid by the end-use telemarketer and not the aggregator. The account which should be disabled should be that of the end-use telemarketer and not the aggregator. This is now possible because the operators will provide separate pipes for transactional and promotional messages, and there is even a separate agreement that the Transaction message senders have to sign with the Access Providers (i.e., the operators). In that event, the aggregator and the operators are just facilitators, and cannot be held responsible. So, if a bank messes up and ends up with 6 complaints/violations, why should an aggregator’s business be ended? Without this, no aggregator can take a risk with even a single transaction message sender because it has no way to validate the claim from the transaction message sending entity that all are actually transactional messages. For transactional messages, the aggregator and the operator need to be seen as “dumb pipes” with the final responsibility being with the end-use telemarketer. In fact, if the transactional rules are not corrected, it will bring all transactional messages via aggregators to a halt because no aggregator will want to risk its entire business for a single client who may make a mistake, knowingly or unknowingly.
2. Transactional messages need to be defined as everything that is not promotional. This way, we do not require to define further categories every time in transactional. Right now, there is a definition for both promotional messages and transactional messages – but they leave entire categories like content and opt-in responses undefined. So, define promotional (and that’s been done) – and treat everything else as transactional.