People, hello everyone! The other day I successfully changed my operator - my previous one frankly got me with constant spam of advertising messages on my phone.
The final chord was that my second number, which only family members knew, received a call from an MFO (microfinance organization) - and from somewhere they knew my full name.
Suspicion fell on the operator, because the number was otherwise not illuminated. While I was understanding the situation, I realized: we ourselves are to blame, because we give our consent to these scams.
With a 99.9% probability , you personally allowed operators to use your data as they please . Including leaking them to all sorts of microfinance organizations. And here are the proofs.
So where to look? Of course, directly into the contract for the provision of mobile communication services. This is what you sign when you buy a SIM card.
Most people are too lazy to read the whole pile of documents, much less read into it. Put your signature where the check mark is - and go ahead. And then we sit and complain that we are inundated with subscriptions, bot calls and loan offers!
So, proofs. I will not collect all operators; in principle, they have complete parity in terms of conditions. Just two examples.
Terms of provision of mobile communication services MTS 2021
Naturally, we will not analyze the entire agreement, since this will take a lot of time. If you want to read the full text of the agreement, it can be found on the page https://moskva.mts.ru/business/podderzhka/kak-stat-klientom/usloviya-okazaniya-uslug-svyazi-mts/. In our article we will study the main provisions.
So, let's consider the key conditions for the provision of MTS mobile communication services:
- Services are provided on the basis of a concluded agreement between the parties.
- The agreement begins from the date of signing or from the moment the SIM card is activated.
- If the agreement was not concluded when purchasing the card, the client undertakes to fill out the form within 10 days and hand it over to the company’s employees.
- In the absence of an official agreement and personal data of the subscriber, the operator has the right to suspend further provision of services.
- The tariff plan and additional options determine the client’s capabilities and the cost of using the services.
- Their volume is determined by the operator’s capabilities, previously made payments and other related parameters.
- The duration of the connection is counted from the first second.
- The quality of the operator's mobile communications meets current standards.
- The company notifies the client of possible temporary problems with communication due to design features of the equipment, failures, damage to equipment, etc.
- The operator undertakes to promptly eliminate all technical problems.
- The company is not responsible for communication problems caused by a malfunction of subscriber equipment.
- The subscriber has the right to receive all information about the services, their volume and cost, independently choose the terms of service from the proposed options, and unilaterally withdraw from the contract at any time.
- The client undertakes to make payments on time, provide reliable personal data, and comply with the rules for the use of mobile phones at various facilities.
Disclosure of information about corporate SIM cards used in equipment
If a corporate SIM card is used by an organization/individual entrepreneur in the equipment used (online cash registers, modems, payment terminals, etc.), then the following information must be entered into the unified identification and authentication system (clause 2 of the resolution of the Government of the Russian Federation dated May 31, 2021 No. 844):
- about the subscriber number used in the operation of user equipment (terminal equipment);
- type and name of the subscriber's user equipment in which the SIM card is used;
- user equipment identifier;
- taxpayer identification number;
- name of the organization or full name of the entrepreneur - owner of the user equipment;
- name and main state registration number (OGRN) of the telecom operator providing communication services to the subscriber;
- subscriber's address (in case of non-stationary placement of equipment) or the actual installation address of this equipment.
Rules for the provision of MTS communication services
The rules for the provision of MTS mobile communications services provide for the provision of personal data of the client. From June 1, 2021, the operator can block all numbers for which an agreement has not been concluded or the subscriber information turned out to be false.
Corporate clients are required to provide a list of users of issued subscriber numbers. If the company refuses to hand over information about employees, then MTS has every right to block mobile communication services and withdraw from the concluded contract with the legal entity.
Therefore, it is worth checking the existence of the concluded agreement and the accuracy of the personal data. This way you can avoid blocking during the process of checking and cleaning the number database.
How to get a copy of the MTS agreement? The office says that they have the right not to give
Code of Civil Procedure of the Russian Federation Article 57. Presentation and request of evidence
1. Evidence is presented by persons participating in the case. Copies of documents submitted to the court by a person participating in the case are sent or handed over to other persons participating in the case if they do not have these documents, including in the case of filing a statement of claim and documents attached to it with the court by filling out the form posted on the official website of the relevant court on the Internet.
The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence.
(Part 1 as amended by Federal Law dated November 28, 2018 N 451-FZ)
(see text in the previous edition)
2. A petition to request evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, indicate the reasons preventing the receipt of the evidence, and the location of the evidence. The court issues a binding request to the party to obtain evidence or requests evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the corresponding request for presentation to the court.
3. Officials or citizens who are unable to provide the requested evidence at all or within the period established by the court must notify the court about this within five days from the date of receipt of the request, indicating the reasons. In case of failure to notify the court, as well as in case of failure to comply with the court's requirement to present evidence for reasons recognized by the court as disrespectful, a court fine is imposed on the guilty officials or citizens who are not persons participating in the case in the manner and in the amount established by the chapter 8 of this Code.
4. The imposition of a fine does not relieve the relevant officials and citizens who own the requested evidence from the obligation to present it to the court.
Federal Law of 07.07.2003 N 126-FZ (as amended on 06.06.2019) “On Communications” (as amended and supplemented, entered into force from 01.11.2019)
Article 45. Features of the provision of communication services to citizens
1. An agreement on the provision of communication services concluded with citizens is a public contract. The terms of such an agreement must comply with the rules for the provision of communication services.
2. In all cases of replacing a subscriber number, the telecom operator is obliged to notify the subscriber and provide him with a new subscriber number at least sixty days in advance, unless the need for replacement was caused by unforeseen or extraordinary circumstances.
3. The telecom operator, without the written consent of the subscriber, does not have the right to change the switching circuit of his terminal equipment operating on a separate subscriber line.
4. The subscriber has the right to demand that the subscriber number be switched, and the telecom operator, if technically possible, is obliged to switch the subscriber number to the subscriber line in a premises located at a different address and in the possession of this subscriber. Subscriber number switching is an additional service.
5. If the subscriber’s right to own and use the premises in which the terminal equipment is installed (hereinafter referred to as the telephone premises) is terminated, the contract for the provision of communication services with the subscriber is terminated.
In this case, the telecom operator with whom the contract for the provision of communication services is terminated, at the request of the new owner of the telephone premises, is obliged to conclude an agreement with him for the provision of communication services within thirty days.
If members of the subscriber’s family remain living in the telephoned premises, the contract for the provision of communication services is reissued to one of them in accordance with the rules for the provision of communication services.
Before the expiration of the period established by the Civil Code of the Russian Federation for accepting an inheritance, which includes a telephone premises, the telecom operator does not have the right to dispose of the corresponding subscriber number. When inheriting the specified premises, an agreement on the provision of communication services is concluded with the heir. The heir is obliged to pay the telecom operator the cost of the telecommunication services provided for the period before entering into inheritance rights.
6. The subscriber has the right to contact the mobile radiotelephone operator with a request to stop transmitting short text messages to his user equipment (terminal equipment) indicating the subscriber number or unique identification code that are contained in such messages and which the subscriber refuses to receive, with the exception of messages , the transmission of which is carried out by the mobile radiotelephone operator in accordance with the legislation of the Russian Federation.
The mobile radiotelephone operator, without charging a fee to the subscriber, is obliged to stop sending via the mobile radiotelephone network to the subscriber's user equipment (terminal equipment) from the subscriber number or unique identification code specified in the subscriber's request.
(Clause 6 introduced by Federal Law dated July 21, 2014 N 272-FZ)
Application for renewal of an agreement for the provision of MTS communication services
The client can renew the agreement. In this case, the rights to the subscriber number are transferred to another person. How to carry out this procedure?
- Download the application from the link https://static.mts.ru/uploadmsk/contents/1655/akt_priemaperedachi_prav_i_obyazannostey_po_dogovoru.pdf.
- Print it out and fill out all the required fields.
- Visit your nearest MTS store.
- The employee will record the fact of submitting the application, check the data and enter it into the system.
- Now you can transfer the SIM card to another person and assign all rights to him.
Conditions for changing the owner of an MTS number
The communication provider does not impose virtually any requirements to re-issue an MTS number. All you need to do is:
- Pay all debts;
- Sign an agreement to change the SIM card holder.
If there are still funds on the phone after re-issuing the MTS number, they become the property of the new subscriber. Therefore, all financial issues should be resolved before going to a mobile phone store.
Note! When you transfer the dialing combination to another person, the tariff plan remains the same, but most services are disabled, for example, the black list and auto-payment, participation in the MTS-Bonus program is interrupted, and the points are burned.
Application for termination of the contract for the provision of MTS communication services
The subscriber may refuse further cooperation with the company at any time. To do this you need:
- Download the application for termination of the contract from the official website.
- Print it out and fill it out.
- Come to the nearest office and hand over the form.
- Pay off existing debts.
- The operator will block the SIM card and record the fact of termination of the agreement.
You can also not make any transactions on your account for six months. In this case, the operator will write off the remaining funds and block the SIM card. The absence of transactions for six months is considered a unilateral refusal of the client from further cooperation.
Where can I view the agreement with MTS?
Guided by the new conditions of Russian legislation, MTS , albeit with a slight delay, provided all its subscribers with a convenient opportunity to obtain information. Now, at any time, using the Personal Account, each subscriber can view all contracts with MTS that are issued to him.
To do this, you need to go to the operator’s website, enter your Personal Account, click the “Settings” link, it is located in the upper right corner on a black background, find the “List of Agreements” item and click on it. The sentence “Check out the list of contracts issued for you” will appear on the monitor; you must also click on the phrase.
Next, you will be asked to generate a report and then send it by email; a little lower you can see the list of previously ordered reports, which are arranged by date.
After you have ordered the report, you will receive by e-mail a complete list of all contracts of MTS PJSC that have ever been issued using your passport data, of course, if no errors were made during registration. Information about contracts is provided indicating the date when the contract was executed, personal account number, telephone number and region.
Thus, you can always check whether you have “wrong” numbers and for this you do not need to visit the MTS salon again.
- Complaint against MTS employees: change of name in the contract.
- Complaint about refusal of a replacement phone.
- Complaint about MTS: Smart tariff – 15 rubles per day for roaming.
- Description of the MTS “Smart TOP” tariff.
- Complaint about Tele2: connecting a federal number.
- "Russia" allowed the use of gadgets during takeoff and landing.
