How to deal with phone spammers

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

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

We are looking into whether it is possible to punish obsessive advertisers according to the law: what they violate and what responsibility awaits.

What laws do spammers violate?

Those who call with obtrusive offers can break two laws at once:

• about advertising;
• about personal data.

The violation can be identified based on what the spammers say. If you're in the mood to fight, it's worth installing a call recorder app. This will make it easier to prove that those who bother you were really trying to sell something.

The law does not prohibit the recording of telephone conversations. The recording can be turned on without warning when you have a contractual relationship with the interlocutor. For example, you are communicating with someone to whom you were given a loan. In the case of spammers, a company employee voluntarily gives you information about the company and its services - this is not a trade secret or information about private life. This can be recorded without warning. But if you are interested in the name and surname, that is, the personal data of the caller, warn that you are recording.

How to Complain about Advertising Law Violations

Even if you call the information company, and you are offered to buy something, this is already a violation of the law "On Advertising".

Why is this a violation

According to the law, companies can call you to advertise services only with your consent. Automatic calls are also prohibited when the same recorded message sounds, and both a person and a computer program can dial the number.

But spammers have a loophole. Check if there is a clause in the contract with the telecom operator that you want to receive advertising. If there is, then they can easily call you.

What to answer to those who call

Ask if you have written consent to calls with such offers. Ask not to disturb, cite a violation of the law on advertising.

After this phrase, those who call are obliged to stop doing it. Even if you have previously given consent to receive advertising.

If you are determined, first find out the full name of the organization, legal address, last name, first name and title of the employee who is calling you. You can find out who ordered the ad. But as a rule, spammers are alarmed by questions. They are accustomed to the fact that a person answers according to a predictable scenario, so in this situation they may suddenly hang up.

Where to complain

The Federal Antimonopoly Service. You can use the Android mobile app to quickly file a complaint. You can complain about both spam in SMS mailings and in calls. In this case, you will need to fill out the consent for the FAS access to the details of calls or SMS.

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If you do not want to use the mobile application, write an application. Send it by registered mail or bring it to the FAS office in person.

You can also submit a complaint online. Fill out the form on the State Services portal or on the official website of the FAS. In the application, indicate:

• your data - last name, first name, patronymic and place of residence;
• spammers data - company name, legal address;
• what and how she violated;
• that you want violators to be held accountable;
• proofs - originals and copies of documents.

Evidence is the recording and detailing of calls. Detailing shows from which number and at what time you were called. An audio recording or written transcript of conversations will make it clear that they really tried to force you to buy a product or service.

It takes a month to consider a complaint. The term may be extended for another month. FAS specialists will write to you about this. If they find a violation, an administrative case will be initiated.

What punishment awaits spammers

The company must prove that it has your consent to receive advertising. If she cannot do this, she will be fined. The amount of the fine for officials is from 4,000 to 20,000 rubles, for companies - from 100,000 to 500,000 rubles.

According to FAS statistics, in 2017, most complaints about violation of the law on advertising were complaints about the spread of spam over the Internet and mobile communications.

How to complain about a violation of personal data law

What spammers say: "Ivan Ivanovich, good afternoon!" (call you by name and patronymic).

Why is this a violation

Because there is a law "On personal data" that protects this information. Personal data is a name, patronymic, surname. Plus a phone number and email. If you did not give your consent to their processing, then the company cannot use them. Moreover, in order to distribute advertising.

What to answer to those who call

“Where did you get my phone number? Who provided you with my personal data? Did I give you permission to use them? Do you have a document for the processing of personal data that I signed?"

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

Where to complain

To Roskomnadzor. The complaint can be filed in person at any branch, sent by registered mail or filled out an online form on the official website. Indicate in the application:

• your last name, first name and contact address;
• the place where the violation occurred;
• the name of the offending organization;
• its legal address, TIN;
• indicate the essence of the violation - the use of personal data without permission;
• attach evidence - details of calls received from the telecom operator, transcripts of conversations, etc.
• ask to bring the organization to justice for violation of the law.

The complaint will be considered for a month. The term may be extended for another month. Just like the FAS, Roskomnadzor will send the complainant a document with a decision on this issue.

What punishment awaits spammers

If a violation of the law is revealed, then the spammer company will be fined. Organization - in the amount of 15,000 to 75,000 rubles. Officials - from 10,000 to 20,000 rubles.

Does it make sense to fight phone spammers

You can fight phone spam, especially if intrusive advertisers have crossed all the boundaries. But this process may drag on for more than one month. And news of the punishment of telephone spammers is generally rare.

But there are already shifts. Thus, the government adopted amendments to the law on communications to combat SMS spam. However, it concerns only text messages and voice mailings. They were often used by collectors and scammers. Now, after the subscriber's complaint, the telecom operator must stop sending bulk messages.

What measures will protect against spammers

If you are not in the mood to fight, you can do prevention. In order not to suffer from intrusive calls and messages, it is better not to fall into the spammers' databases.

• Read the terms and conditions when registering discount and bonus cards. The point about advertising mailings can be spelled out in small print.
• Try not to leave your phone number on sites on the Internet or in stores.
• Install a mobile app that blocks ad calls. For example, Call Blocking, Truecaller, Call Control.

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