FAS officially recognized spam messengers violation of the law




Russian Federal Antimonopoly Service (FAS) officially equated spam messengers to the SMS-spam and recognized this as a violation of Part 1 of Article 18 of the Law “On Advertising”. Reported by Hi-Tech.Mail citing a statement the agency.


From spammers suffer those who use instant messenger account with reference to a phone number – Viber, WhatsApp, Telegram. Through spam messengers are moving not only specific goods and services anonymous sellers, but also quite well-known and reputable brands (chain of jewelry stores “Adamas” and Sunlight, tourist company “NTK Intourist” and Coral Travel, the bank “Home Credit” microfinance company ” money immediately “) – as well as well-known, but not respectable (financial pyramid” MMM “).


Many services for sending spam messages to mobile messengers appear in Google search results as advertising. Website of a company promises advertisers that problems with the law they will not. Rates – from 44 to 74 cents per message (can be from thousands to millions – the more, the cheaper per piece). The hosts service promise a high advertising effectiveness – due to the fact that messages are sent only to the active number. Competing service cuts costs by selling 1,000 messages for 49 cents apiece. In this case, you only pay for the message, and as a channel of distribution of spam Viber and WhatsApp addition proposed iMessages.


Services about a dozen services differ significantly: some offer mailing customer base or establish separate rates for iMessages. Many spammers with iMessages do not work. As explained in one of the spam organizations, users receive spam messages for SMS and complain to the Federal Antimonopoly Service (FAS) and the spammers have to prove that the message was not SMS. Accordingly, most of the services offered exclusively spamming in messengers, but not SMS-spam.


October 21, 2014 came into force the Federal Law 272 “On Amendments to the Federal Law” On Communications “,” according to which the SMS-advertising without the consent of the subscriber declared illegal. A legal entity that sends SMS-advertising, now receives a fine of 100 thousand. Up to 500 thousand. Rubles, unless it can provide evidence of the customer’s consent to receive promotional messages. It is very important that it is now a distributor SMS-mailing shall enter into a contract with the mobile operator.


Alas, the precedent to prosecute spammers messenger-yet was not. To create a precedent experts recommend victims spammers apply to state agencies (the Federal Antimonopoly Service, Federal Service and Roskomnadzor), and in the preparation of complaints they can help professionals Consumer Rights Protection Society.

Given that the complaint to the FAS for spam messengers yet are bold experiment for the good of society, for the user remains an open question how effectively and permanently protect themselves from spam messengers. At present, the most effective way – avoiding the use of some mobile messenger: those in which the options can not be set mandatory authorization unfamiliar users.

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