SMS mailing will require the written consent of the subscriber

Mailing of the SMS in a network of mobile communication will require the prior written consent of all recipients


Mailing of the SMS in a network of mobile communication will require the prior written consent of all recipients. Such offer contains in the amendments prepared by the deputy of the State Duma Ilya Kostunov for the second reading the antispam bill.

The member of the committee of the State Duma on safety and counteraction of corruption Ilya Kostunov ("United Russia") submitted amendments to the bill "About modification of the federal law "About communication". The document developed by group of deputies and senators was accepted in the first reading on May 23. In the explanatory note to it it is noted that 76% of users of cellular communication suffer from mobile spam. Authors of the bill offered that SMS mailings required a prior consent of subscribers. Kostunov insists that has to be agreed in writing. Thus the consent has to concern this mailing. Her customer has to have opportunity to show to authorized supervisory authorities the original of this document.

– For mailing it will be necessary to have the written consent of the recipient, without the right of transfer to his third parties. In this case banks, sports clubs, beauty shops for lovely women and other organizations will keep opportunity to send useful notices, and those who dispatches persuasive advertizing, become offenders, – the deputy declared to "News".

Kostunov gave an example of terms of service of the payment QIWI service from 15 million active users.

– In the middle of the 21-page document it is written down that the user agrees to receive SMS mailings. Thus QIWI reserves the right to transfer this "consent" to the third parties, – the deputy speaks.

In the press service of the QIWI service told that according to requirements of the current legislation request a prior consent to obtaining the SMS from the user.

– Such consent can be transferred to the third parties organizing sending the SMS to users, – noted in the press service.

One more proposal of Kostunov: at the end of each message of mailing – voice or text – phone number has to be specified, having sent on which any message, the subscriber will unsubscribe and will withdraw "consent".

– The subscriber has to have a right to refuse to receive messages from specific senders – by the appeal to communications operator. The operator in case of obtaining such address has to stop delivery to the subscriber of messages, receive which he refused, – explained in the press service of the MTS cellular company.

In the press service of "Vympelcom" noted that the company already half a year as offers clients opportunity to cancel undesirable subscriptions through special short number.

According to Kostunov, mass sending the SMS considerably will be at a loss if strictly to adhere to the provision of the law "About Advertising". Article 18 of this law directly forbids automatic mailing of advertizing messages.

– There was a case when the Sberbank could prove that mailing was carried out by the living person, as a result of FAS did not fine this company. But in other case they could not prove it and were fined, – Kostunov tells. – It is already settled practice: automatic mailing is forbidden in principle.



Alexander Kondratyev
online news
 No. of 29.05.14