Rus News Journal

SMS - swindlers in the law

SWINDLERS EVOLVE

Still more recently the most popular distributing SMS - swindlers there was a message like such: « Mum (Sasha, Eugene - the most widespread names which can belong both the woman, and the man), my phone has died. Throw to me on this number of 500 roubles ». Many came across...

but has passed some months, and this trick began to pass at swindlers all less often - we quickly study on the errors. And then the new scheme - paid entering SMS has joined.

On mobile phones messages after which opening from phone start to write off means began to come. Therefore as, having opened the message, you, that without knowing, subscribe on certain SMS - mailing. The people have become angry: yes how much it is possible to make a fool of us? Also it was converted into the Society of protection of the rights of consumers.

- To us began to send often complaints that from people take a payment for entering SMS from short numbers, - the lawyer of the Society of protection of the rights of consumers Oleg Frolov tells to me. - opening them, users automatically got on paid resources, and from the bill money was written off. And   the person did not guess it at all. It did not receive any notification messages!

the society of protection of the rights of consumers has brought an action against one of the largest cellular operators (« come across » subscribers of all operators, but under the claim law it was necessary to show only to one).

However the court has been lost! The Tagansky court of capital has sided with operators. Their lawyers managed to prove that subscribers pay for rendering of value added services by it, instead of for connection. And these services appear with the consent of the subscriber! Another matter as it turns out « the consent ».

In the message of the operator it is said that for   service money only after reception of the consent of the subscriber on content acquisition is written off. How this consent turns out? Under the version of the operator, « by fulfilment of any action by it » (for example, sending SMS on short number, key press, introduction of a code and etc.) . Has Then come to you what message is not known, you have opened it and by that already « has agreed » on paid SMS - mailing! And it is not known what sense and without any information on how to unsubscribe from it.

In such situation also there were those who complained to defenders of the rights of consumers!

- very few people from subscribers osoznanno   it was connected to such service! - Oleg Frolov speaks to me.   - well here an example: you receive   on phone the message supposedly to you the card has come. The person opens it, the automatic machine passes under the link. And, it appears, already   thereby subscribes for mailing. It is « the consent » on payment of value added services.

« Umeltsy » think over all to trifles. Often such messages also send in a Latin. Not everyone will disassemble that there is written. More often come across on a hook elderly people, for which mechanism of reception of messages - absolutely unknown function. They press some keys - and their purse starts to grow thin.

paid entering messages can come and in such a way.

- you on the Internet come on any site. You are offered to enter phone number for reception of any content, - Maxim Bukin, the expert in sphere of telecommunications, scientific editor PC Week/ Re explains. - you enter number, and in the answer receive SMS with any rubbish. And you have not paid attention that on a site ma - and - alenkim a font   it is specified that the content will be free couple of days, and further you automatically subscribe on « supermailing » and for it will pay - well, say, 35 roubles everyone two - three days.  

well, leaves, truth on the party of operators? Legally they here it is valid at anything. Others are engaged in mailing of dishonest messages - a content - providers. But after all they conclude on this activity the contract with the operator! And, by the way, share with it and incomes. But operators here are pure. Though actually to security services of these companies does not make the big work   to calculate all, who uses SMS to pull about bills of clients. It is enough to wander on sites where extend a paid content, or to concern statements swindled   more attentively; subscribers.

besides, experts consider that lost by the Society of consumers litigation has aggravated position of subscribers.

- negative precedent is created, - the head of legal service of Consumers union of Russia Anton Nedzvedsky makes comments. - And now any subscriber who will be converted into court with the complaint to actions SMS - swindlers, for certain will lose.

In its opinion, it was necessary to prepare for such litigations more in details. Loss very much will cost much to consumers.

- we plan to be converted with the offer into the State Duma about entering of amendments into the Federal law « About communication » - Anton Nedzvedsky has declared. - responsibility of operators for actions should be registered In it a content - providers with whom the contract has been concluded.

HOW NOT to GET?

- it is not necessary to go on doubtful sites and precisely not to reserve « free » the content on the phone number, - is advised by Maxim Bukin. - and for   balance control it is necessary to connect corresponding service at telecommunications operator (the balance is displayed a mobile phone after each operation with your bill), and from time to time to check the list of services through a private office on a web - a telecommunications operator site. If there are not clear write-offs - to reserve detailed elaboration for couple of days and to call in ņall - the telecommunications operator centre, to find out, for what reason they occur.     still I would recommend to activate services at which it is impossible to send paid inquiries about short numbers, - they are at « Vympelcom » (free of charge) and « the Megaphone » (150 roubles a month), - to it « it is closed » the possible channel of a subscription to services by sending SMS on   four-unit number.