---
title: "A company keeps sending marketing after I said stop | dpdpr.in"
description: "Calls, SMS or emails continue after you opted out or registered DND. Your rights, how to fight it step by step, and what to do if it is fake."
url: "https://dpdpr.in/rights/scenarios/marketing-after-opt-out/"
canonical: "https://dpdpr.in/rights/scenarios/marketing-after-opt-out/"
site: "dpdpr.in"
updated: "2026-11-02"
disclaimer: "Independent reference, not legal advice. Not affiliated with the Government of India or MeitY."
---

# A company keeps sending marketing after I said stop

Plain-language help for ordinary people. General information, not legal advice. Helplines, portals and screen names were checked against official Government and regulator pages on 1 November 2026. Portals change: if a screen looks different, follow the words on the screen and the official guide linked in each step.

You told a company to stop, or registered DND, and its marketing continues, sometimes from agents on personal numbers.

**Safety first.** Threatened or in danger: call **181** (women) or go to the nearest police station. Lost money: call **1930** at once.

## Your rights

- **Right to ask the company** what it holds and who it shared it with. Companies already name a grievance officer under the 2011 SPDI Rules.
- **Right to compensation if a company is careless with sensitive data** (passwords, bank or card details, health records, biometrics and similar). IT Act section 43A, with the 2011 SPDI Rules, until 13 May 2027.
- **Right to compensation for deficiency in service.** Under the Consumer Protection Act, 2019 you can claim compensation before a Consumer Commission. File within 2 years.
- **Right to police help.** The police must take your complaint about threats, stalking or harassment. You can also report online at cybercrime.gov.in.
- **DPDP rights from 13 May 2027.** You can ask what data the company holds and who it shared it with (section 11), ask for correction or erasure (section 12), and complain to the company, then to the Data Protection Board (sections 13 and 27). The company answers for its processors (section 8(1)).

## How to fight it, step by step

One action per step. Each step says what to write, what to attach, what you get back, and how long to wait before the next step. If the person turns out to be fake, skip to [If it is fake](#fake).

1. **Save the evidence before you block or delete anything.**
What to write: A short note with the date, time, number used, and exactly what was said or what details they knew.
What to attach: Screenshots of the call log, SMS, WhatsApp chats (with the number visible), and any payment screen.
What you get back: A record that cannot later be denied.
How long to wait: Do this the same day.
2. **Write to the company's grievance officer.**
What to write: Letter 2 below.
What to attach: Evidence.
What you get back: An acknowledgement.
How long to wait: 30 days.
3. **Send one written follow up to the grievance officer.**
What to write: Your complaint number, the date you complained, and: "I have had no reply (or an incomplete reply). Please reply in writing within 7 days, or I will escalate to the National Consumer Helpline."
What to attach: Your first complaint and its acknowledgement.
What you get back: Proof that you gave the company a fair chance. Regulators and Commissions ask for this.
How long to wait: 7 days, then go to the next step.
4. **File a police complaint, or ask for an FIR.**
What to write: A signed complaint to the officer in charge of your local police station, or online at cybercrime.gov.in. Say what happened, when, the numbers used, and that someone used your data to cheat or threaten you.
What to attach: Printouts of your screenshots and a copy on a pen drive. Your ID proof.
What you get back: An FIR copy, or at least a written acknowledgement of your complaint. Online, you get an acknowledgement number.
How long to wait: Do this at once if you feel unsafe. Do not wait for the company.
5. **Call the National Consumer Helpline on 1915, or file on consumerhelpline.gov.in.**
What to write: The company's name, your complaint number with it, what went wrong, and what you want (for example: action against the person, written confirmation, compensation).
What to attach: Your complaint, the company's replies, and screenshots.
What you get back: A docket number. The helpline takes your complaint up with the company. It is free and comes before a court case.
How long to wait: Give it a few weeks. If nothing changes, go to the Consumer Commission.
6. **File a consumer case for deficiency in service on e-Jagriti.**
What to write: Who you are, the company, what service you used, what went wrong, the loss and distress caused, and the compensation you claim.
What to attach: Everything above: evidence, letters, replies, helpline docket.
What you get back: A case number and hearing dates. You can argue the case yourself. The District Commission hears cases where the value of what you paid is up to Rs 50 lakh, the State Commission up to Rs 2 crore, and the National Commission above that (2021 Rules).
How long to wait: File within 2 years of the problem.
7. **Get a lawyer if the stakes are high.**
What to write: Nothing yet. Take your full file to the lawyer.
What to attach: All of the above.
What you get back: Advice on a legal notice, a claim before your State's IT Adjudicating Officer, or a civil suit for damages.
How long to wait: Before you send any legal notice or file a suit. This page is not legal advice.

## What people tried and what worked

- People registered DND and reported each call; members said repeated reports led to warnings or limits on senders.
- Calls often continued after a verbal 'stop'; written withdrawal plus complaints within 7 days works better.

Based on reports on public forums. Paraphrased, with no usernames or personal details. What worked for one person may not work for you; the numbered steps above are the official route.

**Not legal advice.** This page explains the rules in plain words so you can act. Consult a lawyer before you sue anyone or send a legal notice. Laws and portals change; check the linked official source.

## Step 1: stay safe and find out who it is

1. Note the sender header or number.
2. Check your DND status by calling 1909.

## If it is genuine: hold the company accountable

### Which rules this may break

- **SPDI Rules, 2011** and **IT Act section 43A** for sensitive data.
- **IT Act section 72A** for disclosure in breach of contract.
- **Consumer Protection Act, 2019** for deficiency in service.

### What the company must do, and by when

- Answer your written request.
- Stop the misuse.
- From 13 May 2027: tell you who received your data (section 11) and report breaches (section 8(6)).

### Letter 1: ask them to confirm who the caller is

Send it through the official channel. Keep a copy and the acknowledgement.

To: The Grievance Officer, \[Company name\] Subject: Please confirm whether this person works for you Dear Sir or Madam, I am your customer. My customer or account ID: \[number\]. On \[date\] at \[time\] I received a call or message from \[phone number\]. This is not an official number. The person said they were \[name\], \[role or employee ID\], from the company. They knew my \[list the details they knew\]. Please confirm in writing within 7 days: 1. Whether this person is your employee, agent, vendor, agent or partner. 2. If yes, their name, role and the agency they work for. 3. Whether you allow staff or agents to contact customers from personal numbers. 4. If they are not connected with you, please say so, so I can report the number. Name: Registered mobile number: Date:

### Letter 2: ask how your data got there

To: The Grievance Officer, \[Company name\] Subject: How did my personal data reach a personal phone? Complaint number \[if any\] Dear Sir or Madam, On \[date\] a person connected with you, \[name if known\], contacted me from a personal number \[number\] and knew my \[details\]. \[Describe what they did.\] Please tell me in writing: 1. What personal data about me this person could see, and through which system or app. 2. Whether you shared my data with any agency, vendor, agent, partner or processor, and their names. 3. How my data reached a personal phone or account outside your official systems. 4. What action you have taken against the person or agency, including suspension while you investigate. 5. What you have done to stop this happening again. Many companies already name a grievance officer for data matters under the IT Act's 2011 SPDI Rules. From 13 May 2027, sections 8 and 11 of the Digital Personal Data Protection Act, 2023 also apply. Please reply within 30 days. If I do not hear from you, I will escalate to the National Consumer Helpline and, from 13 May 2027, the Data Protection Board. Name: Registered mobile number: Date:

### Evidence to keep

- Screenshots with sender and time.
- Your opt out or DND confirmation.

More in the [evidence checklist](https://dpdpr.in/rights/evidence-checklist/).

### Can you sue? What realistically happens

- **Consumer Commission:** the most practical route for compensation. Cheap, no lawyer needed, file within 2 years.
- **IT Act section 43A (until 13 May 2027):** if the company was negligent with *sensitive* personal data (passwords, bank or card details, health records, biometrics) and that caused wrongful loss or gain, it must pay compensation. Claims up to Rs 5 crore go to your State's IT Secretary acting as Adjudicating Officer (section 46); larger claims go to a court. Appeal within 45 days (section 57). Your phone number and address alone are not sensitive data under the 2011 Rules.
- **Civil suit for damages:** possible, but slow and costly. Section 61 of the IT Act bars civil courts from matters the Adjudicating Officer can decide.
- **Police:** only where there is a crime, for example a person who disclosed your information in breach of a contract to cause wrongful loss or gain (IT Act section 72A, up to 3 years), identity theft (66C), cheating by impersonation (66D), stalking or threats.
- **Realistic outcome:** most people get results from a firm written complaint and the regulator or ombudsman. Courts take years. Consult a lawyer before suing.

### From 13 May 2027: the Data Protection Board

From **13 May 2027** the DPDP Act's duties apply. The company is responsible for processing done by it or by anyone processing on its behalf (section 8(1)), may use a processor only under a valid contract (section 8(2)), must protect your data with reasonable security safeguards (section 8(5)), and must tell you and the Board about a breach (section 8(6)). It may use your data only for the lawful purpose you agreed to (sections 4 to 6). Section 44(2) removes IT Act section 43A from that date. Complain to the company first; if it does not resolve it, complain to the Data Protection Board. The Board can impose penalties up to Rs 250 crore, but **penalties go to the Government (the Consolidated Fund of India, section 34), not to you**. For money, use the ombudsman or the Consumer Commission. Appeals from the Board go to TDSAT within 60 days (section 29).

## If it is fake: urgent steps

1. If the 'offer' has a link asking for card details, do not click.
2. Report on Chakshu.

Step by step guides:

Block marketing calls and SMS (DND) and complain by SMS to 1909

### Block marketing calls and SMS (DND) and complain by SMS to 1909

1909 is a free short code on every Indian mobile network. You can block commercial calls and messages, and complain about spam. These codes are from TRAI's own public notice.

**Keep this ready before you start:**

- The phone with the SIM you want to protect.

1. To block all commercial calls and SMS except transactional ones, send an SMS with the text **FULLY BLOCK** (or **BLOCK 0**) to **1909**.
2. To block all except transactional and service messages, send **BLOCK PROMO** (or **BLOCK 50**) to 1909.
3. To block only one category, send **BLOCK 1** (banking, insurance, financial products, credit cards), **BLOCK 2** (real estate), **BLOCK 3** (education), **BLOCK 4** (health), **BLOCK 5** (consumer goods and automobiles), **BLOCK 6** (communication, broadcasting, IT), **BLOCK 7** (tourism and leisure) or **BLOCK 8** (food and beverages).
4. You can also dial **\*1909\*0#** (USSD), or call **1909** and follow the voice menu, or use the **TRAI DND** app.
5. Keep any reply SMS you get from your operator.
6. To complain about a spam SMS or call, send an SMS to **1909** in this format: **The UCC, XXXXXXXXXX, dd/mm/yy**. Put the spam text or a short description first, then the sender's number or header, then the date.
7. Do it within 7 days of the spam. Under TRAI's 2025 amendment a complaint is valid if it has the sender's number, your number, the date and a short description.
8. Save the complaint ID your operator sends.

Checked on 1 November 2026 against: [TRAI public notice: block commercial calls and SMS through 1909](https://www.trai.gov.in/sites/default/files/2024-10/Ads_8_2024.pdf), [TRAI FAQ on unsolicited commercial communication (SMS complaint format)](https://trai.gov.in/faqcategory/unsolicited-commercial-communicationsucc), [TRAI: TCCCPR (Second Amendment) Regulations, 2025 (complaint within 7 days)](https://trai.gov.in/sites/default/files/2025-02/Regulation_12022025.pdf), [PIB, 12 February 2025: TRAI amends TCCCPR, 2018](https://www.pib.gov.in/PressReleasePage.aspx?PRID=2102413).

Complain about a marketing call or SMS on Chakshu (within 7 days)

### Complain about a marketing call or SMS on Chakshu (within 7 days)

Use this for unwanted marketing (spam) that is not a fraud. A complaint made within 7 days of the call or SMS is a valid complaint and the telecom company must act on it. After 7 days it only counts as a report.

**Keep this ready before you start:**

- A screenshot of the call log or SMS.
- The number or header (for example AB-XYZBNK-P) that sent it.
- Date and time (within the last 7 days).
- Your mobile number, your telecom company, your State and telecom circle.

1. Open [sancharsaathi.gov.in/sfc](https://sancharsaathi.gov.in/sfc/) or the Sanchar Saathi app.
2. Under **Report Spam (UCC)**, click **Proceed**.
3. Choose the medium: **Call** or **SMS**.
4. Choose the category, for example Banking/insurance/financial products/credit cards, Real Estate, Education or Health.
5. Attach the screenshot.
6. Type the sending number or header. (If the number is international, the form sends you to the fraud section instead.)
7. Enter the date and time.
8. Write the details in at least 10 characters. Add any numbers or links in the message.
9. Enter your number. Choose your telecom company (Airtel, BSNL, RJIL, TATA or Vodafone Idea), your State and your circle.
10. Type the captcha, verify your number with OTP, tick the declaration, click **Preview**, then **Submit**.
11. Save the complaint ID you are given.
12. Track it on your telecom company's page. Sanchar Saathi lists these: Airtel airtel.in/track-request, BSNL ucc-bsnl.co.in/customers, Jio jio.com/track\_sr\_status, Vi through the Vi app.

Checked on 1 November 2026 against: [Chakshu: report suspected fraud or spam (Sanchar Saathi)](https://sancharsaathi.gov.in/sfc/), [Sanchar Saathi portal and FAQ (Department of Telecommunications)](https://sancharsaathi.gov.in/), [TRAI: TCCCPR (Second Amendment) Regulations, 2025 (complaint within 7 days)](https://trai.gov.in/sites/default/files/2025-02/Regulation_12022025.pdf).

## Related guides

- [\*\*Spam calls, SMS and telemarketing\*\*Block marketing, complain within 7 days, and report fraud calls on Chakshu.](https://dpdpr.in/rights/spam-calls-sms/)
- [\*\*E-commerce and quick commerce apps\*\*Online shopping and 10 minute delivery apps: orders, returns, fake calls and your data.](https://dpdpr.in/rights/ecommerce/)

See also [when a platform shares your data with a third party](https://dpdpr.in/rights/platforms-and-third-parties/) and the [escalation ladder](https://dpdpr.in/rights/escalation-ladder/).

## Official sources

Checked on 1 November 2026. Company pages are labelled as the company's own words.

- [IT (Reasonable Security Practices and Sensitive Personal Data) Rules, 2011 (India Code)](https://upload.indiacode.nic.in/showfile?actid=AC_CEN_45_76_00001_200021_1517807324077&filename=GSR313E_10511%281%29_0.pdf&type=rule)
- [IT Act section 43A: compensation for failure to protect data (India Code)](https://www.indiacode.nic.in/show-data?actid=AC_CEN_45_76_00001_200021_1517807324077&orderno=49§ionId=13058§ionno=43A)
- [National Consumer Helpline (Department of Consumer Affairs)](https://consumerhelpline.gov.in/public/)
- [e-Jagriti: file a case before a Consumer Commission](https://e-jagriti.gov.in/)
- [Digital Personal Data Protection Act, 2023 (MeitY copy of the Gazette)](https://www.meity.gov.in/static/uploads/2024/02/Digital-Personal-Data-Protection-Act-2023.pdf)