Beeline tricks subscribers by sending SMS spam
VimpelCom OJSC, having issued a new edition of the Beeline Communication Services Agreement and supplementing it with the unfortunate 9 point, has received a
Let’s try to figure out the legality of this state of affairs:
Paragraph 1 of clause 3.2 of the “Beeline Communication Services Contract ” contradicts Resolution of the Government of the Russian Federation of 05.25.2005 No. 328 :
Agreement on the provision of communication services " Beeline "
3.2. The Operator has the right:
1) to amend the terms of the Agreement by sending the Subscriber the relevant proposals (including by SMS messages or posting relevant information on the Operator’s Website on the Internet, or by publication in other media, or by other means). Moreover, if within 15 days from the date of receipt by the Subscriber of the specified message or the placement of relevant information / publication, the Operator does not receive a written full or partial refusal of the Subscriber to accept such changes and the Subscriber does not use his rights provided for in clause 2.3. Of the Agreement, this means the consent of the Subscriber with the specified changes;
But the text of the judgment, which has, to my knowledge, used for greater legal force:
Decree of the Government of the Russian Federation of May 25, 2005 No. 328 (On the approval of the rules for the provision of mobile services )
48.1. A change to the contract is made out by concluding a supplementary agreement in writing or by the subscriber taking specific actions, the list and procedure for the implementation of which are determined by the communications operator.
It turns out that the telecom operator can change the terms of the contract only by concluding an additional agreement in writing or by such actions of the subscriber that clearly indicate acceptance of the changes. The operator cannot unilaterally change the terms of the contract.
My words can be confirmed by the publicationon the website of Rospotrebnadzor in the Sverdlovsk region regarding the actions of another Russian telecom operator - MTS, which also did not accept to violate the rights of subscribers.
I remind you that you can refuse to receive operator’s spam mailings by activating the “Opt-out of mobile advertising” service by calling toll-free number 0674-0-555-1 . But what about the owners of Beeline Internet Home (BID) kits? Calls with SIM BIDs are not possible, but a USSD combination that would perform the same actions as number 067405551, alas, no. It’s not possible to activate the opt-out service through e-care in the same way (yet?). Letters to the customer support center are accompanied by a response in which
nerdsgirls and boys from the CPC recommend personally contacting the operator’s office to write a statement about the refusal of advertising mailings.
That is, Beeline unilaterally modifies the contract, moreover, illegally and not in favor of the subscriber. And to abandon these inconveniences, the subscriber is forced to find time to visit the operator’s office and spend time writing an application.
In addition to everything, I recall the provisions of article 18 of the law " On Advertising ":
Article 18. Advertising distributed over telecommunication networks
1. Distribution of advertising over telecommunication networks, including through the use of telephone, fax, mobile radiotelephone communications, is allowed only with the prior consent of the subscriber or addressee to receive advertising. In this case, advertising is recognized as distributed without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent has been obtained. The advertising distributor is obliged to immediately stop the distribution of advertising to the person who has applied to him with such a requirement.
Based on the foregoing, the conclusion about the operator’s actions suggests itself: this is a flagrant violation of our rights.
Letter to Rospotrebnadzoralready sent. Waiting for an answer. Of course, a single appeal to Rospotrebnadzor is unlikely to change the situation, but I really want to get their comments.
Update (02.24.2010 at 08:48) : Information about clause 9 in the contract: 0680-18 (the call is free).