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Dmitry2014-08-12 15:37:17
Law in IT
Dmitry, 2014-08-12 15:37:17

Who is wrong if a company sends spam to a user's address book with his consent?

Hello dear!
One service holds a competition, when registering in which it asks the user (for example, Vasya) to indicate his mail and password from it! Next, it imports Vasya's mail address book and displays an interface for selecting contacts to whom to send an invitation to participate in the same contest.
Thus, the unsuspecting Petya receives an advertising message to participate in some kind of competition, simply because his e-mail address was saved for one reason or another in Vasya's address book. The letter, however, says: "Click on the link below and get <bla-bla-bla>, just like your friend does <vasino soap> ".
Is it possible in this case to accuse the company of sending spam, or all claims can only be made by Vasya?
References to articles of legislation on this subject are also interesting.
Thank you in advance!

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Erinys, 2014-10-26
@Erinys

I do not think that since August 12 the question has still remained relevant, but purely for information:
Yes, the company is responsible for spam (if we limit ourselves to this and do not go into the analysis of the method of obtaining a password): such is any distribution of information produced without the prior consent of its recipient. The recipients did not give any consent, and Vasya is not authorized to express consent or disagreement on behalf of all his contacts. Vasya is not the subject of responsibility here at all - he did not send anything. As for the articles, this is mainly Art. 18 of the Federal Law "On Advertising" and Art. 14.3 of the Code of Administrative Offenses.

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