Debt megaphone - advice from lawyers and lawyers

In the second quarter of 2021, the number of subscriber complaints against mobile operators increased by 21.5%. This is evidenced by Roskomnadzor data. Among the main complaints are dissatisfaction with the imposition of paid additional services, inflated bills and the quality of communication. Subscribers complain about interference, poor signal, and inability to get through. AiF.ru spoke with the lawyer of the Society for the Protection of Consumer Rights, Maria Sviridova, about whether it is possible to file a claim against the operator for bad cellular or, as it is sometimes called, mobile communications and how to return money for unnecessary services.

FAQ What is an eSIM card and how does it work?

Reasons

This is what literate users of every mobile network do. Acting in accordance with legal norms, you can write a claim or a complaint against Tele2 communications, filing complaints about various actions that cause inconvenience, that is, complaining about the service.

The complaint is considered if it is correctly drawn up, containing the essence of the complaint. If the company ignores the request, users have the right to seek support from the competent federal agencies.

In addition to understanding how to file a complaint against Tele2 and where to write, the subscriber should know in what cases he can do this. The area of ​​reasons that can serve as a basis for a subscriber to complain about Tele2 is vast. Any user of this mobile connection can make a claim if, for example, he is dissatisfied with:

  • poor communication quality;
  • continuous sending of spam;
  • subscription fee is higher than the stated tariffs;
  • the speed of downloading and operation of the Internet, when they do not correspond to the quality stated in the contract;
  • unjustified debiting of funds from the account.

In addition to the above reasons, the basis for a Tele 2 user to leave a complaint will be the refusal by the operator’s representatives to provide assistance, as well as their unsatisfactory attitude towards the client. Also, the complaint will be justified if the client’s request to terminate the contract is denied.

It is important to keep in mind that the authority to which the appeal is received does not consider the claim if it does not contain a reason or the claim is frivolous, without evidence. Before filing a complaint, you need to consider the nuances.

How to complain about the Megafon mobile network to the Prosecutor's Office

If rights are violated by a mobile operator, Megafon subscribers can file a complaint with the Prosecutor's Office at their place of residence. The rules for filing a claim with this authority are the same: without insults or threats, adhering to the norms of business correspondence.

  1. In the header of the complaint to the prosecutor's office, you can indicate the address of the locality of the government agency or directly contact the official. Be sure to write who the request is from and all your contacts.
  2. In the main part, state in detail the essence of the complaint, referring to the legal basis, your request (requirements).
  3. In the final part, sign with a transcript and indicate the date. At the very end there is a list of accompanying documents. In addition to additional documents, when contacting the prosecutor's office, you should add a photocopy of your passport.

After registering a complaint, the response time of the prosecutor's office is 30 days.

You can file a complaint against Megafon with the Prosecutor's Office as follows:

  1. A letter to the prosecutor's office.
  2. Online through the Internet reception, district and city prosecutors.
  3. By email.
  4. In writing at the prosecutor's office.

Sample complaint against Megafon to the Prosecutor's Office

Below you can see a sample complaint against Megafn to the Prosecutor's Office, drawn up using the above example.

To the Babushkinsky Interdistrict Prosecutor's Office of Moscow

From Kravets Alexander Sergeevich

living at the address: Moscow, st. Zapovednaya 52A, apt. 7

Tel. home()

Tel. mobile: +7 (926)5215857

Complaint

I, Kravets Alexander Sergeevich, ask to protect my rights in connection with the return of funds for payment for poor-quality services from the mobile operator Megafon. While on the Sapsan high-speed train on June 05, 2015, I paid for the “Wi-Fi in SAPSAN” service from my mobile phone account +7 (981) 5213856 in the amount of 770 rubles.

When registering for the service, the telephone number was entered: +7 (926)5215857. Payment for the service was made from the account of the MTS mobile number +7 (981) 5213856.

The service turned out to be inoperative.

In this regard, on June 11, 2015, I submitted an application for a refund of funds for the “Wi-Fi in SAPSAN” service to the personal account +7 (926) 5215857. Application number 65698. The money was never received into the personal account.

On 06/05/2015 I wrote a complaint to the Megafon company office demanding the return of 770 rubles spent on paying for the service, citing Article 24 of the Russian Law “On the Protection of Consumer Rights”. I did not receive a response to the complaint.

Considering the above, please help me:

1) return the amount of 770 rubles spent on paying for the “Wi-Fi in SAPSAN” service;

2) return the funds spent on travel to the Megafon office and legal advice on this issue.

Please inform me about the decision in writing by sending a response to the address Moscow, st. Zapovednaya 52A, apt. 7.

Kravets Sergey Alexandrovich signature

06.06.2015

List of accompanying documents:

a copy of the application to Megafon for a refund - 1 piece (1 page) a copy of the response to the application - 1 piece (1 page) a copy of the complaint to the senior manager of the Megafon company office - 1 piece (1 page) a copy of the check for the payment of legal services 1 copy of tickets - 2 copies of a printout detailing expenses from the personal account +7 (981) 5213856 - 1 piece (1 page) copy of a printout detailing the receipt and expenditure of funds from the personal account +7 (926) 5215857 for three months - 1 piece (2 pages).

Design standards

When a situation arises that a complaint should be filed with Tele2, pointing out, for example, poor communication quality or defiant behavior of an employee, it is necessary to follow the rules for filing a complaint. This is the first step towards the fact that it will definitely be considered.

The claim is submitted in paper form. More advanced users prefer to use the electronic form. In what form it will be carried out does not matter for the timing of its consideration and for making a decision on it. The main thing is to comply with the law and maintain standards that reflect business ethics. You cannot use insults, use profanity, or introduce incoherent, illogical sentences into the text.

Rights of a cellular subscriber

RightsExplanationResponsibilitiesExplanation
Suspension of servicesIf there are insufficient funds in the client's account, the operator suspends the provision of communication services until the balance is replenished. At the same time, the subscriber retains the ability to receive incoming calls and call emergency services Timely informing clientsUsers must receive information about tariffs and changes in them, as well as other information related to the execution of the contract.
Subscribers must be informed about changes in the terms of the tariff plan no later than 10 days before the amendments take effect.
Refusal to provide servicesIf the client does not top up the account within 6 months or does not use a SIM card, the operator has the right to terminate the contract unilaterallyProviding information before concluding a contractBefore concluding a contract, the client must be provided with complete information about the tariff. The contract itself is concluded only in Russian. If necessary, the store employee is obliged to provide explanations to customers
Handling complaintsClients can file complaints if services are provided poorly. The company considers them no more than 60 calendar days Ensuring secrecyThe operator does not have the right to disclose information about subscribers to third parties, with the exception of authorized government officials
Changing the terms of the tariff plan unilaterallyThe operator has the right to change prices and other parameters independently, notifying users about this through communication means no later than 10 daysTimely provision of servicesCommunication services must be provided in full. If a client goes into the red and his number is blocked, subsequent renewal occurs within three days from the date of replenishment of the balance

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RightsExplanationsResponsibilitiesExplanations
Receiving full quality servicesIf the client replenishes his balance in a timely manner and does not violate the terms of the contract, he has the right to freely use communication servicesUsing the right equipmentCommunication services are provided only if suitable devices are available. For example, if a client’s smartphone does not support 4G technology, but it is provided for in the contract, this is not the operator’s fault
Receiving the informationThe subscriber has the right at any time to receive information about the cellular operator, connected services, tariff, and also order details by all available meansTimely paymentIn order to fully use the services, the client undertakes to make timely payments according to the tariff within the established deadlines
Recalculation requirementIf communication services are not provided due to the fault of the company, the user may request recalculation for all daysInforming about changesIf the user has changed his last name or place of residence, he must provide information about this to the operator within 60 days
Refusal of servicesIf the client has not ordered additional services and they are not provided for in the contract, he can refuse them at any time. The operator does not have the right to independently enable additional options.

If a telecom operator violates consumer rights, the Law of 02/07/1992 No. 2300-1 comes into force. In this case, the user can complain to Roskomnadzor or Rospotrebnadzor: the choice of organization depends on the specific situation.

Submission methods

In addition to understanding how to correctly draw up a statement, you need to know exactly where to complain, that is, to which authority to write a complaint on the body2.

The choice can be made from several options:

  1. Involve your cellular operator.
  2. Contact Roskomnadzor.
  3. Submit an application to Rospotrebnadzor.
  4. Contact the prosecutor's office.

The procedure for submitting to each authority is identical.

The least amount of hassles arise when deciding how a subscriber can contact the cellular company directly to solve the problem. Here you can use one of several methods:

To the campaign in writing

Many people follow the old well-known path - they draw up a written claim and send it to the address specified in the contract. The latter is signed by the subscriber when purchasing and registering a SIM card from the operator. A complaint book can also be used for written appeals.

Orally by phone

You can use the telephone to contact us. Dial 611. Before making a call, you should be prepared. Find the registration data that the operator will definitely request.

In addition to the three-digit number, you can call a toll-free number that is valid in the Russian Federation 8 800 555 06 11.

Online on the website

More advanced users prefer to use the Internet, an online program for requests. The cellular company has its own official website tele2.ru. The required section is called “Help and Support”.

By going to it, you can find a ready-made application form that needs to be filled out and sent to the operator. The response comes to the applicant’s email in his personal account.

In the communication salon

One of the easiest ways to file a claim is to visit a phone shop. Many people choose this path when they decide where it is easier for them to complain about their body2.

Two copies of the application are written. They must be received at the salon by a company representative. He certifies each document, putting a mark on it with the date of acceptance of the document and signature. The applicant receives back one certified document.

To Roskomnadzor

It happens that a subscriber, when asked how to find out if there is a bad connection in Tele2 and where to go if the company refuses to answer, is advised to contact higher authorities.

It happens that in order to resolve a problem with the Internet that arose in the work of Tele2 or other negative manifestations in cellular communications, a person needs to write a complaint or claim to Roskomnadzor. They use a registered message sent directly to the address of Roskomnadzor, to its email, or by creating a message on the page of the organization’s website.

To Rospotrebnadzor

You can also contact Rospotrebnadzor with a claim against the cellular company. Here you can choose one of the most suitable types of application:

  • You can go to the organization’s website on the Internet and leave an online request using a ready-made form. The application serves to send electronically all papers that represent the evidence base;
  • Similarly, you can use the organization’s email when sending an application using the evidence base;
  • You can send a registered letter to the organization's address. Use a paper version of the application;
  • You can also make a phone call. All necessary numbers are listed on the website.

To the prosecutor's office

In extreme situations, people are interested not only in how they can find out where their money was written off from Tele2, but also whether it is possible to influence the cellular company if violations are detected.

In this regard, it should be noted that if there is data proving that communications employees committed illegal actions or fraud, you can contact the prosecutor’s office. Facts of illegal debiting of money, non-repayment of the balance if the contract is terminated, and other illegal actions will be considered.

To the Consumer Rights Protection Department

In many cases, if, for example, there are frequent interruptions in communication, and subscribers cannot get an answer from the company, why they cannot quickly call the phone using a Tele2 SIM card, or are simply ignored, people have a natural desire to complain. However, not every person is able to independently think through and evaluate the situation in which he finds himself. Here he needs to mobilize his knowledge and efforts when he needs to ensure that the company bears responsibility for its mistakes. And many people even find it difficult to make a complaint correctly on their own.

In this situation, it is better to remember about the protection of consumer rights and seek help from an employee at the OPP. He will help with filling out the application, drawing up a complaint, clearly justifying all the negative aspects. Provides advice on how and in what cases complaints should be written, where and to whom to contact. Also, OPP employees can represent the interests of citizens in the proceedings of cases in government agencies if they have a formalized power of attorney.

Where can you file a complaint against a telecom operator?

The rights of citizens in the provision of communication services are regulated by the Federal Law “On Communications” dated July 7, 2003 N126-FZ.

If a mobile operator violates its obligations, you should first try to solve the problem at the lowest level - in the mobile operator’s showroom at your place of residence.

If a positive result cannot be achieved, you need to contact the following authorities in ascending order:

  1. Company headquarters.
  2. Rospotrebnadzor.
  3. Consumer Protection Society.
  4. Roskomnadzor.
  5. Prosecutor's office.
  6. Court.

A free hotline regarding the provision of communication services to the population 8-800-700-8-800 has also started operating. It is open daily from 9 a.m. to 7 p.m. Moscow time. However, its effectiveness is much lower than that of supervisory and law enforcement agencies.

It is worth noting that the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor) rarely deals with isolated issues of providing low-quality communication services. It makes sense to contact this body in case of massive and serious violation of consumer rights.

A much more effective and faster way, if there is no response to an appeal from the telecom operator, would be a complaint to Rospotrebnadzor and the Society for the Protection of Consumer Rights . The latter provides advisory and legal support to those who apply, without having the authority to resolve property disputes independently. In this case, it would be correct to contact law enforcement agencies: the prosecutor's office or the court.

The trial may take several months and will require the citizen to be patient and spend his own money on legal costs.

To contact the supervisory authorities, a prerequisite is the presence of evidence of an attempt to resolve the issue with the company providing communication services.

Terms of consideration

Officials are instructed to consider written applications from citizens and respond to them within 30 days. This requirement is contained in paragraph 1 of Art. 12 Federal Law No. 59. The same requirement regarding the filing and consideration of claims applies to telecom operators. They are obliged to comply with the standards established by the relevant Federal Law No. 126 of 2003. In particular, those related to filing complaints from citizens regarding the unseemly operation of cellular communications.

Article 55, part of Law No. 126, contains requirements regarding the time frame for responding to claims. The operator must register requests received orally in electronic form within one day. If claims were accepted by mail, five days are given. Review and submission of the response, as stated above, is carried out within 30 days.

How to correctly submit (send) a claim to a telecom operator

In accordance with the legislation of the Russian Federation, there are two ways to correctly submit a claim to the operator (however, this works for any other case):

  • Personally deliver the claim to an employee at the sales or service office;
  • Send a claim to the operator by registered mail with notification and a list of attachments;

Print out (or write by hand) 2 (two!) identical copies of the claim. Sign both copies. Ask the office employee to accept one copy and sign the second copy upon receipt. Something like this: Received by manager Ivanov I.I., signature, date of reception, stamp.

If the claim is on two or more sheets, then you need to ask to sign on each sheet. If there are attachments to the claim (checks, documents, etc.), then you need to attach copies of these documents to the claim (keep the originals for yourself, as they will later be useful in court if the operator does not satisfy the claim) and also ask to sign the receiving applications.

I recommend this method of submitting a claim to a telecom operator, because... When communicating in the office, the operator’s employees, upon seeing an official complaint, often resolve the issue “on the spot,” but don’t be fooled by “don’t leave a complaint, we’ll quickly resolve everything by tomorrow, etc.” After all, before you started to “quarrel” with the operator, you probably already tried to resolve the issue “for good”, through the support service.

Legal nuances

Sometimes it comes to filing a lawsuit. This can be called a last resort, but, unfortunately, this happens.

The reason, for example, could be the unsatisfactory performance of the security service in the tele2 communication system. It may allow cases of online fraud and other equally serious mistakes that indicate poor quality of the company’s activities. In the absence of the expected results, when the user contacts the cellular company itself or further to federal departments, the applicant remains to take the next step - file a statement of claim in court.

It has been noted in judicial practice that such procedures do not occur quickly. Among other things, you need to carefully prepare for them. With good preparation, including the correct filing of a claim and the provision of a strong evidence base, a successful outcome for the plaintiff is guaranteed with a high probability.

You can unsubscribe from the mailing list!

Now the Megafon company offers its many subscribers a simple and quick solution on how to disable SMS spam. Each user can personally block all advertising messages. To do this, just forward the received SMS to number 1911. After this, the system will automatically analyze the content and where the message came from. This takes into account the list of recipients and the volume of mailing. Megafon will make sure that mobile spam from this number no longer bothers you.

There is another option to get rid of advertising mailings. Not long ago, the operator launched a service called “SMS control”. To turn off spam that comes to Megafon, just dial *903# on your phone and the numbers from where the mailing was sent will appear on the screen. After which they can be added to the “black list”. This service is absolutely free. In addition, the operator has launched a special system that constantly monitors the network of numbers and protects its subscribers from mailings.

How to disable subscriptions?

Short numbers from which you receive daily or weekly messages - special services for information or entertainment content. Many users subscribe to horoscopes, advice, recipes and jokes.

If you no longer need to read such messages, it’s worth figuring out how to unsubscribe from Megafon SMS advertising campaigns. There are several proven methods:

  • Open your personal account on the website or mobile application;
  • Go to the “Services and Options” section;

  • In the “My” tab you will see a list of activated subscriptions;
  • To disable your Megafon subscription, click on the “Disconnect” button next to the name of the subscription that you no longer need.

Ready! You were able to get rid of unnecessary content. Don't forget about the second effective option:

  • Create a new message;
  • Enter number 5151 as the recipient;
  • In the text field, enter “Stop XX”;
  • XX is the subscription code;
  • Send a message and wait for a response.

You can find out subscription codes (XX) on a special website - just follow the link https://www.podpiskimf.ru and open the catalog.

You already know how to disable mailings on Megafon - it’s time to talk about how to disable advertising SMS Megafon, which can attack the user every day.

Cancellation via mobile app

You can log into your personal account without a tablet/PC. To do this, you will need to install the operator’s mobile application on your smartphone in advance. It's completely free. It will also be possible to disable Megafon’s paid subscriptions.

After logging into the application, you need to find the “Services and Options” section. Next, look through the list of paid subscriptions, select unnecessary ones and disable them with the appropriate button.

How to disable advertising?

No one likes to constantly receive advertising messages - if you are inundated with tons of mailings about discounts, promotions and offers, it’s worth figuring out how to turn off advertising on Megafon.

Everything is quite simple - the operator has created a special service that will help users in such situations.

If you want to complain about Megafon SMS spam, the procedure is as follows:

  • You have received an unsolicited message;
  • Forward it to the short number 1911;
  • The request will be processed and you will stop receiving spam from this number.

The single claims number can be accessed an unlimited number of times. Let us give you some useful advice: the incoming message most often contains detailed information about the sender. Contact the organization directly and ask to be removed from advertising mailing lists.

To completely disable pop-up ads on Megafon, use:

  • Dial the combination *903# on the keyboard;
  • Press the call key;
  • You will see a list of the last ten subscribers who sent you SMS;
  • Click on the spammer and add him to your blacklist.

The option is provided absolutely free and allows you to regulate the content - now you will receive only interesting and useful information, and you can turn off unnecessary advertising.

How to unsubscribe from all Megafon subscriptions via SMS or USSD command

If a person does not have the opportunity to access the Internet, but he needs to cancel all Megafon subscriptions, he can do this simply using his mobile phone.

There are three such methods:

  1. Via SMS message to a common number for everyone. It will need to be sent to: “5151” (without quotes). SMS text: STOP. Immediately after this, the user will receive on their phone a list of all activated subscriptions and tips on how to disable any of them.
  2. Via SMS to the number from which a person receives paid content. This method is especially relevant for cases where you need to disable one separate subscription. It is enough to send the same word “STOP” to the number from which the subscriber receives information/entertainment content.
  3. Via a special ussd command. To disable unnecessary subscriptions in this way, just dial the following combination of symbols and numbers on your phone: *505#. Next, click “Call”.
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