How to deal with advertising calls on your mobile phone. A ban on SMS spam has come into force in Russia: where to go if you receive unwanted messages

How to convince an annoying bank employee that you don't need a loan in the next ten years? What should you tell the operator to get on his calling “black list”? What tricks do sellers use to try to persuade us to buy? AiF.ru spoke about this and much more psychologist Nikolai Razygraev.

Telemarketers have a golden rule: “The base rests for three months.” It means that even if the client was not very friendly on the phone, after three months everything can change dramatically for him and he decides to meet with you, so there will most likely be a repeat call.

Natalya Kozhina, AiF.ru: Today, many companies (often beauty salons) promote their services with endless calls offering to visit them for free or take part in a promotion. Despite numerous refusals, they can call the client 5-10 times. How can I get rid of such calls once and for all?

Nikolay Razygraev: Let me start with phrases that definitely don’t work. It is useless to tell salon representatives: “I don’t have money,” “I don’t have time,” “I need to think.” Because now you don’t have money (time), but they may appear later. What is effective to say when communicating with such people? Today we do not leave our phone in these shops, they somehow get it and do it illegally. When making such a call, you should strictly ask the operator to fully introduce himself, name the organization, then provide information about where they got your number from. Of course, a story will begin that one of your colleagues or friends gave the contacts. Find out who exactly did this, let them give their first and last name. Naturally, this question will be left unanswered. Here is the time to mention Federal Law No. 152 “On the Protection of Personal Data” and say that your phone number has most likely been stolen, which means that when you call again from this salon, you will immediately report this to Roskomnadzor. As a rule, this is enough to discourage such dubious sellers from bothering you again.

- So, we need to be tough on this issue?

— Telemarketers have a golden rule: “The base rests for three months.” It means that even if the client was not very friendly on the phone, after three months everything can change dramatically for him and he decides to meet with you, so there will most likely be a repeat call. To get on the calling blacklist, it makes sense to be a little more stringent in this regard, relying on the law.

The second option that you can take note of is “informed refusal.” You politely thank for the interest shown in your person, and then explain to the operator that your political, religious and any other preferences do not allow you to visit this beauty salon or any other establishment where you are persistently invited. The main thing here is not to give hope. Each of the telemarketers has a status next to the name of the person they are calling; it records information about the call made, and it is very good when not only your refusal is indicated, but also a good reason for the refusal.

— Is it appropriate to say that I already have my own cosmetologist?

- It seems to me that this is quite a “slippery slope”, because you will be persuaded to try new services, another master, and so on, i.e. you will give the seller room to maneuver. It’s better to limit yourself to the phrase that you don’t go to a cosmetologist at all.

— How to talk correctly with a bank employee who offers you to take out a loan? In this case, it is difficult to refer to Federal Law No. 152, because we, as a rule, leave our data ourselves?

- Yes, but there is one cunning trick. We can say that you have a very difficult situation now. Three months ago you took out a loan and can’t pay it off because you find yourself in a difficult financial situation. Don’t worry, such information will not be entered into the credit history database, so if you want to take out a loan in the future, you will not have any problems, but for the operator this will be a good reason not to insist on your offer. But I will say right away that it is quite difficult to erase your name from the banking database, since the people working there also use the golden rule, which I mentioned above.

A person who works in sales has to step over himself many times a day and come into contact with strangers, so he tries to overcome this stage as quickly as possible.

— Nikolay, what is the best way to behave in a store if the seller intrusively offers you to buy something?

— A person who works in sales has to step over himself many times a day and come into contact with strangers, so he tries to quickly overcome this stage in order to quickly begin describing the properties of the product that he learned somewhere in the training. If we want to deal with this situation, we just need to give what he wants from us - contact. Make eye contact with someone from the sales staff, say hello (you can just nod); Obviously, after this, the seller will come up and ask: “Can I help you with something?” Tell him that first you just need to look around and if you choose something, then be sure to ask him for help. Thus, the initiative remains with you.

— What techniques can a seller use to persuade a client to buy?

— The most obvious technique is to “let it try,” that is, try on a dress, sit in a car, etc. Another component: the longer a person tries on clothes (tests something), the stronger his feeling of guilt because that the seller spent so much time on it. Here, the only thing that can protect the client from a rash purchase is the thought of why you came to this store and how much money you have with you. And most importantly, do not forget that they do not charge money for viewing.

— I read about methods of adjusting the seller to the buyer by copying his gestures, intonation, posture, etc. Is this an effective method?

— I won’t talk about the details of the adjustment, since salespeople in stores do not use them so often; this is a story more about large sales, where it is necessary to establish contact and negotiate for a long period of time. I would give you an example of another way of selling: all sellers are taught to work with objections. What it is? As soon as you are offered to buy something, you have doubts; this is a common reaction. At this point, you can expect the following actions from the seller: most likely, he will agree with you, removing some caution, and then he will try to take the conversation to another plane, where his product is advantageous, without directly answering your question. Here you need to be careful: when they agree with your doubts, pay special attention to what they then tell you.

— I propose to give an example, the product being sold is milk.

— For example, a buyer asks: “Is the milk fresh?” The seller replies: “Yes, I understand your concerns, but tell me, how important is the fortification of milk for you?” Most likely, the buyer will answer that it is important, and then the seller will tell him about vitamins, i.e. he does not answer a direct question and tries to focus the client’s attention on the benefits of his product.

— Another type of sellers are people who walk around the offices of organizations and offer to buy some product, how to communicate with them?

- Everything is very simple here. If you are not interested in the service, then you can demonstratively go about your business; the seller will not stand over you for very long if you do not pay attention to him. Any person needs a contact to make a sale, and if you examine the contents of your own monitor or documents, then the sale is unlikely to happen. If you are interested in the service, ask to leave the catalog and the seller’s phone number; Naturally, it’s better not to give out your contact information.

You know firsthand what telephone spam is. How often do you hear constant sounds of spam SMS messages at work or in your sleep? They clog up your phone, distract you from important tasks and interfere with your sleep. What to do if they force you to advertise over the phone.

If you have not given your consent to receive advertising messages or calls, then according to the Law “On Advertising” such advertising is considered illegal. The distributor of advertising materials in the form of messages and calls without your consent has no right to impose goods or services on you. So, if you are constantly called and offered services, without your consent you can contact the sending organization with a demand to stop advertising. The law also prohibits automatic mailing.

If you refuse advertising, but they still impose it on you, even after a written statement, then for distributing SMS, the slow-witted spam sender will have to pay a fine of one hundred thousand rubles! And in some cases, the fine can reach half a million rubles.

In any case, if you did not check the box next to the line indicating your consent to receive information messages, and you are tormented by advertising messages. You wrote a letter signed by yourself to the organization or salon with a request to stop mailings, but no action was taken. Be aware that this is a violation of your rights as a consumer. After you have taken all the steps, you can contact the FAS, but you must have in your hands:

— confirmation that advertising is being imposed on you (SMS, call recordings);

- proof that you did not leave your consent to the mailing list (maybe verbally, that you have not heard of such a salon. Perhaps copies of documents confirming that you did not agree to the messages (the corresponding box is not checked);

— a copy of the letter sent to the organization.

And if you sat down and were seduced by a phone call with an offer of a free cosmetic procedure, then how you can get rid of unnecessary cosmetics.

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Phone calls advertising services or products have long become the scourge of our time. It’s easy to get a database of numbers, it’s also not difficult to hire employees for pennies, whose duties will include “nightmaring” hundreds of thousands of subscribers, but getting rid of this annoying advertising extremely difficult.

According to statistics, medical services and beauty salon services take the first place in such telephone advertising. In both cases, weight correction, face lifting, and body cleansing are in the lead. They lure, of course, free first visit. Financial companies offering loans, microloans and credit cards. It is extremely difficult to fight the former - salons open and close in batches every day. But it is theoretically possible to rein in the latter: regulation of banks is much stricter.

Do these advertising calls break the law? Definitely yes, and two at once federal laws: Article No. 18 of the Federal Law “On Advertising” and Article 15 of the Federal Law “On Personal Data”. The Law “On Advertising” directly states: receiving advertising messages is possible only with the consent of the client, that is, you. And if you don’t want unknown people offering you unnecessary goods or services every day, you need to fight them. Find out how right now.

How to deal with calls from advertisers?

If you decide not to just hang up the caller, but to really fight, you need to start with the question “How did you get my phone number?” Most likely, the caller will tell you that you consented to receiving these messages. In this case, you need to clarify when and where. By law, you must give permission specifically to receive advertising messages, that is, your signature or check mark must be opposite the phrase “I agree to receive advertising messages.” If your signature is under a general document, where on one of the pages in small text it is written “The client agrees to receive advertising and other messages,” then this does not give the company the right to harass you with calls.

We fight on the phone

  1. When we receive a call, we ask where the caller got your phone number, what company the caller represents, and whether he has a document where you agreed to receive advertising offers.
  2. You immediately demand from the caller:
    • stop all calls to your number,
    • exclude your number from all databases that are called
    • send to your address a written confirmation that your data has been deleted from the database.

There is no need to be shy: you act absolutely within the law. IN in this case you are protected by Articles 9,20,21 of the Law “On Personal Data”.

We fight with the help of government agencies

If after your request the calls continue, you can file a complaint with Rospotrebnadzor. On the website http://www.rospotrebnadzor.ru you can file a complaint about the actions of the company, indicating as accurately as possible the date and time when you received the call, phone number and convey the essence of the conversation.

Representatives of Rospotrebnadzor will conduct an inspection within a month and will notify you of their decision by letter. It is quite possible that sanctions in the form of a fine (by the way, up to 500 thousand rubles) or an order will be applied to the violating company.

After a complaint to Rospotrebnadzor, if you wish, you can go to court with a claim for moral damages. This practice is not very widespread in our country, but there are chances for success.

We just ignore calls

If you don’t have time to file a complaint, you can simply add the phone number from which illegal advertising is coming to your blacklist. The measure is quite effective, but only in relation to the specified number. Companies that call potential clients change numbers very often, and the companies themselves change. Accordingly, in a month or two the calls will start coming in again.

Are survey calls legal?

But here the situation is twofold. Indeed, opinion polls (or advertising of services disguised as them) are also conducted by telephone. In this case, the operator must introduce himself, name the company conducting the survey, and the actual subject of the call. There is no advertising or offer of services here, but you have every right to refuse to participate in the survey and ask not to call again with similar requests to your number. If the calls repeat, you can safely contact Rospotrebnadzor.

On Tuesday, a law prohibiting mass unauthorized distribution of messages came into force in Russia. SMS messages sent from federal numbers, – from now on the user should see the company name. In addition, to carry out such mailings, organizations must have an agreement with a mobile operator. If these conditions are not met, the companies will be investigated by the antimonopoly service and a fine may be imposed.

The subscriber must give consent to receive SMS messages, in writing and through a code received via SMS. If necessary, a person can contact the operator with a request to stop the delivery of SMS messages from a specific sending company.

The publication Sobaka found out how the initiative works: what is needed to punish those who promise profitable loans and not send really useful notifications to the trash.

How does the law work?

Any company will now be required to secure a registered phone number and letter name, and then enter into a direct contract with the operator for sending messages. Spam sent from regular ten-digit numbers is outlawed. Now cellular companies have the right to block mass anonymous mailings. The most effective way is to contact your telecom operator. As representatives of the Megafon company told us, the user will have to forward the message with the text to a special short number, after which the mailing from the “spammer” will be blocked (for a specific subscriber). As a rule, this service is provided free of charge.

Where to contact if you receive spam?

Telecom operators have created special numbers and postal addresses to process such complaints. You can file a complaint with MTS or forward the received SMS to toll free number 1911. With the TELE2 operator, you should write a complaint either by number 0611. Megafon suggests complaining or by number 0500. In the Beeline company, for this you need to use the “Chameleon” service (advertising mailings) by calling *110*20#CALL or contact service center by phone 0611. By the way, if for some reason you don’t know your operator, then it’s easy to figure out - just enter the first three digits of your number.

How to punish a spam distributor?

In search of retribution, a subscriber who received an SMS advertisement from a ten-digit number can safely complain to the FAS - or e-mail. The user can also file a complaint with Roskomnadzor. To file a complaint, you will need to provide all the necessary information about yourself (personal data) and about the violator - in response, the department will have to notify you that the complaint has been accepted. Don’t worry that you will have to defend your case in court on your own. If the case comes to court, the mobile operator will be the plaintiff, not you. The only thing worth worrying about is to check whether you have given consent somewhere to receive SMS notifications. Yes, yes, that same “small print” that you are too lazy to read can play a cruel joke on you.

How to get the advertising you need?

No matter how funny it may sound, spam can be useful. For example, reminders from your provider to top up your account after using home internet or SMS notifications from the bank. What if you want to save really useful notifications? Now consent to receive advertising must be formalized not only in writing, but also through authorization via SMS messages. According to the law, the subscriber’s prior consent to receive advertising must be proven not only by the customer, but also by the operator cellular communication, if the mailing is carried out on his initiative. It is noted that the new rules for obtaining consent from the subscriber need to be finalized.

What are the advantages of the new law?

It is expected that messages from customers will be targeted and service-oriented. Thus, telephone advertising tries to achieve the desired targeting. For example, using SMS, the company will remind the user that his order is ready or that he has subscribed to the service. It is also planned to change the tariffs for sending such messages. If before the new law it was based on traffic volume, now the number of SMS sent to personal numbers will be taken into account.

Are there similar laws in the world?

In the USA, a subscriber has the right not only to demand that the operator stop unwanted mailings to which he did not consent, but also to go to court for damages. The amount of compensation is not established and is determined individually each time. Usually it is about 150-200 dollars for each message. Similar restrictions apply in the countries of the European Union. To send SMS messages there, as in the United States, the “explicit” consent of the subscriber is required. EU law specifically states that spam distributors also do not have the right to hide their real numbers. Similar legislation has been adopted in China - the sender is obliged to provide the recipient in the person of the subscriber full information about yourself and the opportunity to unsubscribe from the mailing list.