Hidden text: fines for imposing services may be increased in Russia
The State Duma Committee recommended that the House of Parliament adopt in the first reading an initiative that would increase the fine to 1 million rubles for imposing additional goods and services on consumers. Izvestia investigated how effective this measure would be and how to recognize the imposition of services.
Related services
The imposition of additional services is constantly on the agenda, Alexander Safonov, Professor of the Department of Psychology and Human Capital Development at the Faculty of Social Sciences and Mass Communications at the Financial University under the Government of Russia, noted in an interview with Izvestia. First of all, when issuing loans, financial organizations often try to include life or property insurance and liability to a third party in the contract, and at rates that exceed market rates.
— Car dealerships are also trying to make money on related services when selling cars. In the ads, consumers are often misled: for cash, the price will be the highest, and if you want to get discounts, then insure yourself or take out a loan.
The Central Bank, according to the expert, has repeatedly demanded the cessation of this practice. However, violations continue, simply because the benefits of them exceed the costs of fines. A sharp increase in administrative fines will make them less profitable. However, it probably won't be possible to completely rule this out.
— We need to think about the possibility of the most severe punishment, such as revocation of licenses or trade permits. But this is a rather dangerous measure, as it can be used in unfair competition. It would also be possible to suggest the creation of a special rating of firms found guilty of such practices," he believes.
Protection of rights
Currently, there are two mechanisms for consumer protection in the case of the imposition of paid goods, works and services, Meri Valishvili, Associate Professor of the Department of State and Municipal Finance at Plekhanov Russian University of Economics, reminded Izvestia. Firstly, the buyer can refuse to purchase goods of proper quality or an imposed service by sending a corresponding claim to the seller. The seller must refund the amount within three business days of receiving the request.
— Secondly, from September 1, amendments to the Law "On Consumer Rights Protection" will come into force, which exclude the automatic marking of consent to purchase additional goods, works and services, thus, it is not allowed for the seller to form conditions that presuppose initial consent to purchase additional goods, works and services, — said the expert.
According to her, the main means of consumer protection is still going to court, which can impose on the seller the obligation to compensate the consumer for moral damage and pay him, along with the principal amount, a fine of 50% of this amount.
Mass inspections
Increasing fines for the imposition of services can be an effective tool, but it should be part of a comprehensive approach, the Popular Front expert told Izvestia. Analytics" by Roman Chikun. This approach includes strengthening controls, raising consumer awareness, and ensuring access to rights protection mechanisms. It can be difficult to prove the imposition of services, as a convincing evidence base is required.
— The main difficulties lie in the fact that consent to additional services is often formalized, and the very fact of imposition is difficult to fix. Currently, unscrupulous companies have learned well how to go into the "gray zone" — they can disguise the imposition as a "voluntary choice" or "action," the expert said. — In addition, fines may not work without proper supervision. If inspections are rare, large businesses will simply include them in their expenses.
In order for the fight against imposition to be effective, in his opinion, it is necessary to simplify the cancellation procedure, namely the automatic termination of imposed contracts at the request of the consumer. Mass inspections and the establishment of responsibility for specific managers are also required, in particular, a ban on working in the industry for systematic violations. At the same time, we need to publish blacklists, similar to the lists of the Central Bank of the Russian Federation for unscrupulous banks.
The consumer has the right to refuse the imposed service and demand a refund, and can also apply to various authorities to protect their rights, Roman Chikun recalled.
— It is important to keep documents and receipts, as well as carefully study contracts before signing them. The main thing is not to rush, because if you are in a hurry, this is a reason to be wary. Ask additional questions of interest. Read the contract carefully before signing it, especially the fine print (if something is unclear, do not sign it). Carefully check the "free" services to clarify whether the fee will be charged later," the expert reminded the basic rules.
Comparison of conditions
The problem with the imposition of goods and services does exist, Igor Kachalov, an expert at the RANEPA Institute of Management, confirmed in an interview with Izvestia. First of all, due to the fact that most consumers are unable to recognize how conscientiously a particular company makes recommendations.
— This phenomenon is especially widespread in the field of paid medical services, car repairs, online marketing and advertising. After all, for example, there are a dozen or more types of blood tests alone. And, strictly speaking, many medical procedures are initially useful, but not always necessary. Similarly, it is easy to expand the range of car repair services. After all, anti—corrosion treatment is needed, and a windshield coating will not hurt, and much more," he noted.
In his opinion, it is often simply impossible for a layman to recognize the real, rather than imagined, need for such services. Therefore, an increase in fines to one million rubles and even higher, of course, will force at least some of these merchants to stop.
— Consumers can be protected in two ways. In particular, always go to several specialists and compare the list of recommendations and prices. For example, when servicing a car, you can immediately request price calculations from three competitors. Compare works, brands of consumables and see who is more honest. You should also contact companies that are well—known in the market, preferably with a wide sales network and a good reputation," the expert added.
Izvestia sent a request to the Ministry of Energy, but no response had been received at the time of publication.
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