The Supreme Court of Russia recommended recovering moral damages for intrusive advertising, including annoying phone calls.
The decision is related to the violation of the right to privacy, which is enshrined in the Constitution of the Russian Federation and the Civil Code. Now, if a person suffers from such calls, he can demand compensation for moral damage.
The precedent is a case when a man sued a bank that continued to call him with offers to apply for a loan, despite his refusal and written claim. The court of first instance dismissed the claim, but the Supreme Court of the Russian Federation sided with the plaintiff, pointing out that persistent calls violate the right to personal peace and may lead to compensation for moral damage.
Experts note that in practice, many courts have begun to recover compensation for intrusive advertising, but the amounts are not yet large. For example, in the Kursk region, the court ruled in favor of a citizen who demanded compensation for regular advertising SMS messages from a telecom operator. He received 2 thousand rubles of compensation for moral damage, although he initially demanded 300 thousand.
Judges emphasize that such measures as the recovery of compensation are important for protecting the rights of citizens and combating intrusive advertising practices. In particular, advertisers should take into account not only the law, but also the comfort of consumers, otherwise they will be obliged to pay for violating their peace.
Читать материалы по теме:
Россиян избавят от рекламных спам-звонков
В России хотят запретить анонимные массовые спам-звонки
Спам-звонки из-за границы могут начать по умолчанию блокировать в России
