How to deal with phone spammers

Right A Life / by admin / December 19, 2019

For those who are willing to break the phone, for the twentieth time he heard: "Hello, you have a minute to learn about our unique offer?"

We investigated whether to punish intrusive advertisers according to the law and that they violate any responsibility for the waiting.

What laws violate spammers

Those who call with navzyachivymi proposals may violate two laws:

on advertisingFederal Law "On Advertising" from 13.03.2006 number 38-FZ;
of personal dataFederal Law "On Personal Data" from 27.07.2006 number 152-FZ.

Violation can be determined, depending on what is being said spammers. If you are determined to fight, it is necessary to install the application, recording calls. So it will be easier to prove that those who bother you, really trying to sell something.

The law does not forbid to record telephone conversations. Recording can be enabled without any warningDetermination of the Supreme Court №35-KG16-18 on 12/06/2016When you connect with someone contractual relationship. For example, you are dealing with those who were given a loan. In the case of a company voluntarily gives you information about the company and its services spammers employee - this is not a trade secret and information about private life. Such can be recorded without notice. But if you are interested first and last name, ie personal data on who is calling, warned that conducts recording.

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How to complain about the violation of the law on advertising

Even if you call to helpCommentaries to the Federal Law of 13.03.2006 number 38-FZ "On Advertising" company, and you are offered to buy something - it is a violation of the law "On Advertising".

Why this violation

According to the lawArt. 18 of the Federal Law "On Advertising", To call you, to advertise services, the company can only with your consent. Under the ban, and automatic calls when sounds the same recorded message, and can dial the number as a person and a computer program.

But there is a loophole spammers. Check whether the contract with the operator of the point of contactCommentaries to the Federal Law of 13.03.2006 number 38-FZ "On Advertising" that you want receive advertising. If there is, then you can safely call.

To answer those who call

Ask whether your written consent for calls such proposals. Ask not bother to refer to violation of the law on advertising.

After this sentence, those who call are required to stopCommentaries to the Federal Law of 13.03.2006 number 38-FZ "On Advertising" do it. Even if you have previously consented to receive advertising.

If you are determined, first find out the full name, legal address, name and position of the employee who is calling you. You can find out who ordered the advertisement. But usually spammers alarming questions. They are accustomed to, that person is responsible for a predictable scenario, so in this situation can suddenly hung up.

where to complain

The Federal Antimonopoly Service. For fast file a complaint, you can use the mobile application for Android. You can complain as spam SMS mailing lists and in calls. Thus it is necessary to fill in the consentLetter of the Federal Antimonopoly Service on October 31, 2013 Number AK / 43077/13 "On advertising through SMS messages" to have access to the FAS detail calls or SMS.

Application not found

Go to ShopSearch in Google

If you do not want to use the mobile app, write a statement. Send it by registered mail by mail or bring to the department of FAS personally.

More complaint can be sent online. Fill in the form on the portal of public servicesThe form of sending the complaint to the portal of public services or on the official websiteForm to send the statement on the official website of the FAS The FAS. In a statement, specify:

their data - name, surname and place of residence;
data spammers - the company name, legal address;
and that it violated;
that you want offenders brought to justice;
evidence - originals and copies of documents.

Evidence - a record and itemized billing. Detail shows from what number and at what time you call. Audio recording or written transcript of conversations will realize that you really tried to impose the purchase of goods or services.

On examination of the application takes a month. The term may be extended for another month. This experts of FAS you write. If they find a violation, it will be instituted administrative proceedings.

What punishment awaits spammers

The company must prove that it has your consent to receive advertising. If she fails to do this, it will be finedArt. 14.3. Code of Administrative Offenses. Amount of the fine for officials - from 4000 to 20 000, for companies - from 100 000 to 500 000 rubles.

according to statistics,Official website of the Federal Antimonopoly Service Federal Antimonopoly Service, in 2017 the majority of complaints of violation of the law on advertising - a complaint is to distribute spam on the Internet and mobile communications.

How to complain about the violation of the law on personal data

What do spammers: "Ivan Ivanovich, good afternoon!" (Call you by name).

Why this violation

Because there is a law "On Personal Data"Which protectsArt. 2 of the Federal Law "On Personal Data" this information. Personal data - nameExplained Roskomnadzora from 20.01.2017 № 08AP-6054And surname. And moreA letter from the Ministry of Communications of the Russian Federation 7.7.2017 number P11-15054-OG phone number and e-mail. If you have not given their consentArt. 9 of the Federal Law "On Personal Data" their processing, the company can not use them. Especially, in order to spreadArt. 15 of the Federal Law "On Personal Data" advertising.

To answer those who call

"Where did you get my phone number? Who gave you my personal information? I authorize you to use them? Do you have any document on the processing of personal data, which I signed? "

You want to remove your personal information from the database. As in the previous case, try to find out the full name, legal address, name and position of the employee who is calling you.

where to complain

IN Roskomnadzor. Complaints can be submitted in person to any office, sent by registered mail or fill out the online form on the official websiteForm for complaints on the official website Roskomndzora. In a statement to specify:

your name, surname and address for communication;
the place where the infringement occurred;
Name of the offender;
its legal address, taxpayer identification number;
specify the essence of violation - the use of personal data without permission;
attach evidence - detail of calls received from your service provider, transcripts of conversations, and so on;
ask to involve the organization accountable for breaking the law.

Will examine the complaint month. The term may be extended for another month. Similarly, as the FAS, Roskomnadzor will send the complainant a document with the decision on the matter.

What punishment awaits spammers

If a violation of the law revealed that the company will fine-spammerArt. 13.11. Code of Administrative Offenses. Organization - in the amount from 15 000 to 75 000 rubles. Officials - from 10 000 to 20 000 rubles.

Does it make sense to deal with telephone spammers

Fight spam telephone possible, especially if the intrusive advertisers crossed all limits. But drag this process can not for one month. And news of the punishment phone spammers tend to be rare.

But changes already. So, the government adopted amendmentsFederal Law № 272 dated 21 July 2014 "On Amendments to the Federal Law" On Telecommunications "" the law on communications to combat SMS spam. However, it only comes to text messaging and voice mailing. They are often used collectors and fraudsters. Now, after a complaint operator Subscriber must ceaseFederal Law of July 7, 2003 № 126 "On Telecommunications" send mass messages.

What measures will protect against spammers

If you are not configured to fight, to do prevention. In order not to suffer from intrusive calls and messages, it is better not to get into the database of spammers.

Read conditions at registration coupon and bonus cards. The item on promotional mailings can be prescribed the fine print.
Try not to leave your phone number on the websites on the Internet or in stores.
Put a mobile application that blocks advertising calls. For example, "Call block», Truecaller, Call Control.