Confirmation of the e-mail address for mailing. Advertising law?

Question

Email Marketing

Recently, I began to receive letters by e-mail with the balance of funds on the card, with shares of companies and debts on loans. Many had an “Unsubscribe” link, which I did and calmed down. But for the last month I have been receiving 1-2 letters from Russian Standard Bank, where they falsely call me Andrei Petrovich and advertise their services. There is no link to unsubscribe in the letters, apparently he did not give his consent, so the mailing is contrary to the Federal Law "On Advertising" Article 18 Part 1. By calling the bank's hotline, they answer me that I gave my consent in writing, indicating the e-mail for mailing and putting my signature. But, apparently (since my mailbox looks like my_surname mail.ru), someone else indicated it for me, respectively, the consent of the owner of the box was not received. So how legitimate is such obtaining consent, mailing, without making sure that the box belongs to their client?
I don’t know if the question is habr, because the topic is more of a legal one, but it will probably be useful here too, since, I think, many habravchans organize mailing lists on their sites.

Answer 1

Recently ran a note on Habré on this issue. In short: a complaint to the FAS, a fine against the organization. The organization will have to prove that you have given consent.

Answer 2

In part 1 of Art. 18 we are talking about telephone, facsimile and mobile radiotelephone communications, email-mailing under this law, even with a strong desire of lawyers, cannot be adjusted. If mailing is just annoying - put a filter on incoming messages and add Russian Standard to spam. If you want justice to prevail, go directly to the bank's customer service department and write a written statement there about your unwillingness to receive the newsletter, involve lawyers and spend nerves and money on it.

Answer 3

Considering that there is no unsubscribe link in the email, and this is considered spam on the Internet, you can safely send emails to SPAM. The law does not prohibit this and I do not see anything unethical in it.
If you want according to the law of the Russian Federation, you need to complain to the FAS. The bank will not be able to prove that you gave your consent to the mailing.
True, in theory 1) you have to prove to you that your email is yours, it’s not clear how to do it in Russian realities 2) it’s not clear whether you will be called to court 3) it’s not clear whether the FAS will get their hands on email, they haven’t figured out SMS yet.

Answer 4

So, Andrey Petrovich's account is set up on this email? Recover his password then... :)

Answer 5

Just yesterday I received an advertising message from a store with which I was not even familiar, that is, I could not agree to receive messages. I wrote them an angry letter guided by this post . Today I received an apology and a guarantee that this will not happen again. It is worth noting that the letter had an “unsubscribe” link, but this does not change the matter.