What to do if you are tired of advertising SMS

In continuation of the articles that the FAS collects additional information about the "short" numbers, I want to tell you how this service can help you get rid of unwanted SMS advertising.



According to Part 1 of Article 18 of the Federal Law "On Advertising", the distribution of advertising over telecommunication networks, including through the use of telephone, facsimile, and mobile radiotelephone communications, is allowed only with the prior consent of the subscriber or addressee to receive advertising.



So, having unsubscribed from all the advertising mailings of my operator, I naively believed that advertising SMS would no longer distract me. But marketers of various companies decided that without advertising I was bored and quickly corrected the situation. As a result, a year ago, I received several advertisements almost every week, mostly messages from the taxi of our city. The company was especially active before the New Year.



Most often, the reaction of people to advertising SMS is the same - they will say out loud “zadolbali” and delete SMS. Realizing that these actions do not solve the problem, I called the Novosibirsk OFA Russia, where I was asked to write a simple statement and attach a screen shot of the phone with unwanted SMS and details of the services provided by the operator. By the way, this is why you should not delete advertising SMS. The application can be sent as an ordinary letter, and electronic.

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I chose the second option and on February 7, 2012 sent a statement .



After that, I began to receive from UFAS registered letters on the course of consideration of the application. I only needed an explanation from me once if I had once ordered taxi services from the company in relation to which the case was initiated. Nothing more was needed, I was just a “spectator”. There is no need to go to the consideration of cases - my interests were defended by the FAS.



March, 6

A letter on the extension of the consideration of the application in connection with the need to establish an advertising distributor and obtain additional evidence. The establishment of an advertising distributor is the most difficult stage for FAS, I was immediately warned about this.



April 6

A copy of the "Definition of the initiation of proceedings on the grounds of violation of the legislation of the Russian Federation on advertising." Appointed the case for consideration on May 11.



May 11

I did not find the letter now, but it was said there that the case would be postponed to June 14.



June 14

The decision of the case .



The solution is fun:

At the same time, Grand Auto LLC did not agree with the violation of the legislation on advertising, as it considers that the subscriber received consent to receive advertising SMS messages. According to the explanations of Grand Auto LLC, the subscribers who have agreed to receive advertising SMS messages, Grand Auto LLC considers each client who has used the services of this company, thereby accepting the terms of the Public Offer Agreement posted on the official website of the company.



The company believes that if you ordered a taxi, then you will be delighted with the constant advertising SMS. According to their logic, every store where I ever bought at least something can legally send me SMS.



But naturally, it is not:

The argument of Grand Auto LLC was not adopted by the Commission ...



And finally, the decision on the appointment of an administrative penalty :

Apply to LLC “Grand Auto” a measure of responsibility in the form of an administrative fine in the amount of 100,000 (one hundred thousand) rubles.



In general, the fine is from 100,000 to 500,000 rubles. - for the first time usually assign a minimum amount. LLC Grand Avto tried to challenge the court decision, but failed .



In the media there were several articles on this case - Sib.fm , NGS .



In fairness, I will say that although in the statement I indicated 6 SMS, the solution today is only in one case. In relation to another company while they are checking. The main difficulty, as I said above, is to prove the company's involvement in the sending of SMS.



But in any case, you will need a minimum of effort to at least try to stop spam via SMS.