Increasing fines for unwanted calls: what to expect from the new legislation

The fine for citizens increased from 2 to 2.5 thousand rubles to 10 to 20 thousand rubles, for officials – from 4 to 20 thousand to 20 to 100 thousand rubles. Previously, legal entities were threatened with a fine of 100 to 500 thousand, now the penalties will range from 300 thousand to 1 million rubles.

RB.RU spoke with lawyers and found out how the new rules will work in practice. Some experts pointed out that there are still too many gaps on this issue. At the same time, experts said who may face fines and how relevant departments and operators identify violators.

According to section 2 of the Rules for the provision of telematic communications services, spam is a telematic electronic message intended for an indefinite number of people, delivered to the subscriber and (or) user without their prior consent and does not allow the sender to be identified. this message, including due to the indication in it of a non-existent or falsified sender address.

Spam criteria

• The message is sent to an indefinite number of people without addressing a specific recipient;
• delivered to the recipient without his or her prior consent;
• there is no way to identify the sender.

Regarding voice telephone calls with intrusive advertising that the client has not consented to, the term “illegal advertising” applies to them. Distribution of advertising content via telecommunications networks is possible only with the prior consent of the subscriber (Part 1, Article 18 No. 38-FZ).

What does the new legislation change?

As explained by Andrei Misarov, president of the Moscow Bar Association “Advokat”, part 1 of article 14.3 of the Code of Administrative Offenses of the Russian Federation previously applied to this type of violations (spam and illegal telephone advertising). Regulates the general liability of all advertisers, producers and distributors of advertising content.

Now the Code of Administrative Offenses of the Russian Federation introduces independent liability for violations of the law on advertising distributed specifically over telecommunications networks. That is, a specific distribution method is highlighted separately.

Where to complain about spam and illegal advertising

If the user receives such a call or a spam message, he should contact his operator using the form on the official website of the Federal Antimonopoly Service. Currently, as RB.RU has seen, on this page you can only complain about SMS.

As Vladimir Kuznetsov, vice president of the Association of Registration, Liquidation, Bankruptcy and Legal Representation Lawyers, explains, in the event of a call, whoever wants to file a complaint will have to attach a recording of the conversation, which is not always possible. convenient, since not all people install such programs on their smartphones.

“In addition, the procedural aspects of the application of the new rules remain quite complex, so the introduction of new fines may not have a significant effect due to the unwillingness of citizens to file complaints about the sending of spam, since it is easier to block unknown numbers or resort to other similar measures,” concluded Vladimir Kuznetsov.

How companies, banks and individual entrepreneurs circumvented bans on unwanted calls and illegal advertising

According to Kuznetsov, one of the popular methods of circumvention is to hide a clause on consent to receive advertising messages in a contract with a client for the sale or provision of services.

Criminals also use hidden numbers, short numbers or number spoofing so that the user cannot determine exactly where they are calling or sending SMS.

What tools does the State use to identify offenders?

As Andrey Misarov explained, after receiving a complaint, the FAS asks the operator to determine the number.

In accordance with Part 10 of Article 46 of the Federal Law “On Communications”, the operator is obliged to stop providing communication services and (or) services for passing traffic to its communications network if it does not have information about the number of subscriber or the unique identification code of the subscriber who initiated this connection.

The law requires operators to install special equipment. Telecommunications companies must also connect the software received from the Federal State Unitary Enterprise GRChT to identify subscribers and diverted calls, including the Anti-Fraud system.

How and who will be fined?

The law, current and which will enter into force on April 16, provides for the liability of companies, officials and civilians.

If an organization initiates spam calls, both the company itself and its director can be fined, says Misarov. The nuances depend on the severity of the infraction and the administrative rule that establishes responsibility.

As for the liability of individual employees involved in spam calls, they are most often subject to disciplinary action within the company.

According to Misarov, ordinary citizens often resort to the practice of spam calls.

“In our practice, we often encounter spam calls (including robocalls) that offer to establish legal frameworks or offer services to redirect customer calls to us in our line of business, or provide employee selection services,” he said. lawyer.

In this case, by filing a complaint with the FAS and identifying the offender, sanctions will be applied in accordance with the new legal regulations.