Where to complain about annoying calls. A ban on SMS spam came into force in Russia: where to contact if unwanted messages arrive

You know firsthand what phone spam is. How often in the workplace or through a dream do you hear the constant sounds of SMS with spam mailing. They clog up your phone, distract you from important tasks, and interfere with your sleep. What to do if they impose advertising on the phone.

If you did not give your consent to receive advertising messages or calls, then according to the law "On Advertising" such advertising is recognized as illegal. The distributor of advertising materials in the form of messages and calls without your consent has no right to impose goods or services on you. So, if you are constantly being called and offered services, without your consent, you can contact the sending organization with a request to stop advertising. The law also prohibits automatic mailing.

If you have refused advertising, but they still impose it on you, even after a written application, then a slow-witted spam mailer will have to pay a fine of one hundred thousand rubles for distributing SMS! And in some cases, the fine can reach half a million rubles.

In any case, if you did not check the box next to the line of consent to receive informational messages, and you are tormented by advertising messages. You wrote a letter with your signature to the organization or salon with a request to stop mailings, but there was no action. Know this is a violation of your rights as a consumer. After you have taken all the steps, you can contact the FAS, but you should have:

— confirmation that advertising is being imposed on you (SMS, call recordings);

- proof that you did not leave your consent to the mailing list there (maybe verbal, that you have not heard of such a salon. Perhaps copies of documents confirming that you did not agree to messages in them (the corresponding checkbox is not checked);

- a copy of the letter sent to the organization.

And if you were seduced by a phone call with an offer of a free cosmetic procedure, then how can you get rid of unnecessary cosmetics.

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On Tuesday, a law came into force in Russia prohibiting mass unauthorized mailing of messages. The ban includes SMS mailings sent from federal numbers – from now on, the user must see the name of the company. In addition, in order to carry out such mailings, organizations must conclude an agreement with a mobile operator. If these conditions are not met, the antimonopoly service will deal with the companies and a fine may be imposed.

The subscriber must agree to receive SMS messages, both in writing and through the code received by SMS. If necessary, a person can apply to the operator with a request to stop the delivery of SMS messages from a specific sending company.

The Sobaka publication found out how the initiative works: what is needed to punish the promises of profitable loans and not send really useful notifications to the trash.

How does the law work?

Any company will now be required to secure a name telephone number and a letter name, after which to conclude a direct contract with the operator for the distribution of messages. Spam sent from ordinary ten-digit numbers is outlawed. Cellular companies now have the right to block mass anonymous mailings. Most effective way- Contact your carrier. As representatives of the Megafon company informed us, the user will have to forward the message with the text to a special short number, after which the mailing from the "spammer" will be blocked (for a specific subscriber). As a rule, this service is provided free of charge.

Where do I go if I receive spam?

Telecom operators have created special numbers and postal addresses to handle such claims. In MTS, you can make a complaint or forward the received SMS to free number 1911. At the TELE2 operator, a claim should be written either by calling 0611. Megafon offers to complain or by calling 0500. In Beeline, for this, you need to use the Chameleon service (advertising mailings) at *110*20#CALL or contact service center by phone 0611. By the way, if for some reason you do not know your operator, then it is easy to calculate - just enter the first three digits of your number.

How to punish a spammer?

In search of retribution, a subscriber who received an SMS advertisement from a ten-digit number can safely complain to the FAS - or e-mail. The user can also file a complaint with Roskomnadzor. To file a complaint, you will need to provide all the necessary information about yourself (personal data) and about the offender - in response, the department will have to notify you of the acceptance of the complaint. Do not worry that you yourself will have to set aside your case in court. If the case goes to court, the plaintiff will be mobile operator, not you. The only thing to worry about is to check if you have given consent to receive SMS notifications somewhere. Yes, yes, that very “small print”, which is so lazy to read, can play a cruel joke on you.

How to get the right advertising?

As funny as it sounds, spam can be useful. For example, your provider's reminders to recharge your account for use home internet or SMS notifications of the bank. What if you want to keep really useful notifications? Now consent to receive advertising must be made not only in writing, but also through authorization using SMS messages. According to the law, the subscriber's prior consent to receive advertising must be proved not only by its customer, but also by the operator. cellular communication if the distribution is made on his initiative. It is noted that the new rules for obtaining consent from the subscriber have to be finalized.

What are the benefits of the new law?

It is assumed that messages from customers will become targeted and service. In this way, telephone advertising is trying to achieve the desired targeting. For example, using SMS, the company will remind the user that his order is ready or that he has subscribed to the service. It is also planned to change the billing for sending such messages. If before the new law it was carried out according to the volume of traffic, now the number of SMS sent by nominal numbers will be taken into account.

Are there similar laws in the world?

In the US, the subscriber has the right not only to require the operator to stop unwanted mailings to which he did not consent, but also to apply to the court for damages. The amount of compensation is not set and each time is determined individually. Usually it is about 150-200 dollars for each message. Similar restrictions apply in the countries of the European Union. To carry out SMS mailing there, as in the United States, it is required to obtain the "express" consent of the subscriber. The EU law specifically states that spammers also do not have the right to hide their real numbers. In China, similar legislation has been adopted - the sender is obliged to provide the recipient represented by the subscriber full information about yourself and the ability to unsubscribe from the mailing list.

Calls to the phone advertising services or goods have long become the scourge of our time. Getting a base of numbers is easy, hiring employees for a penny, whose duties will include “nightmaring” hundreds of thousands of subscribers, is also not difficult, but getting rid of this annoying advertising is extremely difficult.

According to statistics, in the first place of such telephone advertising are medical services and services of beauty salons. And there, and there weight correction, facelift, cleansing of the body are in the lead. Lure, of course, with a free first visit. Slightly behind are financial companies offering loans, microloans and credit cards. It is extremely difficult to fight the first ones - salons open and close daily in batches. But it is theoretically possible to rein in the latter: the regulation of the activities of banks is much tougher.

Do these phone calls with ads break the law? Definitely yes, and two federal laws at once: article No. 18 of the Federal Law “On Advertising” and article 15 of the Federal Law “On Personal Data”. The law "On Advertising" expressly states: receiving advertising messages is possible only with the consent of the client, that is, you. And if you do not want unknown people to offer you unnecessary goods or services every day, you need to fight them. How - find out right now.

How to deal with calls from advertisers?

If you decide not just to drop the caller, but to really fight, you need to start with the question “How did you find out my phone number?”. Most likely, the caller will tell you that you consented to receive these messages. In this case, you need to clarify when and where. By law, you must give permission specifically to receive advertising messages, that is, your signature or checkmark must be in front of the phrase "I give consent to receive advertising messages." If your signature is under a common document, where on one of the pages it says in small text “The client agrees to receive advertising and other messages”, then this does not give the company the right to nightmare you with calls.

We fight on the phone

When receiving a call, we are interested in where the caller got your phone number from, what company the caller represents and whether he has a document where you agreed to receive promotional offers.
Demand from the caller immediately:
- stop all calls to your number,
- exclude your number from all databases that are being called
- send a written confirmation to your address that your data has been removed from the database.

There is no need to be shy: you are acting absolutely within the law. In this case, you are protected by articles 9,20,21 of the Law "On Personal Data".

We fight with the help of government agencies

If, after your request, calls continue, then you can file a complaint with Rospotrebnadzor. On the site http://www.rospotrebnadzor.ru you can file a complaint against the company's actions, indicating as accurately as possible the date and time when you received the call, the phone number and convey the essence of the conversation.

Representatives of Rospotrebnadzor will conduct an inspection within a month, and will notify you of their decision by letter. It is quite possible that sanctions in the form of a fine (by the way, up to 500 thousand rubles) or instructions will be applied to the violating company.

After a complaint to Rospotrebnadzor, if desired, you can go to court with a claim for non-pecuniary damage. This practice is not very common in our country, but there are chances of success.

Just ignore the calls

If you do not have time to file a complaint, you can simply add the phone number from which illegal advertising comes from to the blacklist. The measure is quite effective, but only in relation to the specified number. Companies involved in calling potential customers very often change numbers, and the companies themselves change. Accordingly, in a month or two, calls will begin to arrive again.

Are survey calls legal?

But here the situation is twofold. Indeed, opinion polls (or advertising of services disguised as them) are also carried out by telephone. In this case, the operator must introduce himself, name the company conducting the survey, and the actual subject of the call. There are no advertisements or offers of services here, but you have every right to refuse to participate in the survey and ask not to call your number again with similar requests. If the calls are repeated, you can safely contact Rospotrebnadzor.