Beeline deceives subscribers by sending SMS spam

By issuing a new version of the Beeline Communication Services Agreement and supplementing it with the unfortunate 9 clause, VimpelCom gained the legal opportunity to send SMS containing advertising information to subscriber numbers.


Let's try to understand the legality of this state of affairs:
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Paragraph 1 of clause 3.2 of the “ Agreement on the provision of communication services“ Beeline ” ” contradicts the Decree of the Government of the Russian Federation of 25.05.2005 No. 328 :

Agreement on the provision of communication services " Beeline "
3.2. The operator may:
1) make changes to the terms of the Agreement by sending relevant offers to the Subscriber (including by sending SMS messages or posting relevant information on the Operator’s Website on the Internet, or by publishing in other media, or by other means). Moreover, if within 15 days from the date of receipt by the Subscriber of the specified message or placement of the relevant information / publication, the Operator does not receive the written full or partial refusal of the Subscriber to accept such changes and the Subscriber does not use his rights provided for in paragraph 2.3. Of the Agreement, this means the consent of the Subscriber with the specified changes;

But the text of the Resolution, which, to the best of my knowledge, is of greater legal force:

Decree of the Government of the Russian Federation of 25.05.2005 No. 328 (On Approving the Rules for Providing Mobile Communication Services )
48.1. The amendment of the contract is executed by concluding an additional agreement in writing or by performing subscriber actions by the subscriber, the list and procedure for which are determined by the telecom operator.

It turns out that the telecom operator can change the terms of the contract only by concluding an additional agreement in writing or by such subscriber actions that explicitly indicate agreement with the changes. The operator cannot change the terms of the contract unilaterally.

A confirmation of my words can be the publication on the site of the Rospotrebnadzor in the Sverdlovsk region regarding the actions of another Russian telecom operator - MTS, which also did not want to violate the rights of subscribers.

I remind you that you can refuse to receive the operator’s spam mailings through the inclusion of the service “Refuse from mobile advertising” by calling the toll-free number 0674-0-555-1 . But how to be the owners of Beeline Internet House kits (BID)? Calls from the SIM BID are impossible, but there is no USSD combination that would perform the same actions as the number 067405551. It is not (yet possible) to activate the service of refusal from advertising through e-care . Letters to the customer support center are accompanied by a response in which the nerds girls and boys from the CPC recommend personally contacting the operator’s office for writing a statement disclaiming the promotional mailings.

That is, Beeline unilaterally changes the contract, and illegally and not in favor of the subscriber. And in order to reject these inconveniences, the subscriber has to find time to visit the operator’s office and spend time writing the application.

In addition to all I recall the provisions of the 18th article of the law " On Advertising ":

Section 18. Advertising Distributed by Telecommunication Networks
1. Distribution of advertising over telecommunication networks, including through the use of telephone, facsimile, mobile radio telephone communications, is allowed only with the prior consent of the subscriber or addressee to receive advertising. At the same time, an advertisement is deemed to be widespread without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent was obtained. The advertising distributor is obliged to immediately stop the distribution of advertising to the address of the person who applied to him with such a request.

Based on the above, the conclusion about the actions of the operator suggests itself: this is a blatant violation of our rights with you.



A letter to Rospotrebnadzor has already been sent. I look forward to hearing. Of course, one appeal to Rospotrebnadzor is unlikely to change the situation, but I really want to get their comments.

Update (February 24, 2010 at 08:48) : Information on clause 9 in the contract: 0680-18 (free call).