Manufacturer's liability for inappropriate information about the product

Product information law

And the law obliges the seller (manufacturer and performer) that information about the product must be provided in full.

Federal Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law “On the Protection of Consumer Rights”) is the main law regulating the relationship between the consumer and the manufacturer, performer, seller when selling goods (performing work, providing services ).

This law establishes consumer rights to:

1. purchase of goods, works, services;
2. obtaining information about goods (works, services) and their manufacturers;
3. implementation of rights and protection of interests, etc.

According to paragraph 1 of Art. 8 of the Law “On the Protection of Consumer Rights”, the consumer has the right to demand from the seller (manufacturer, performer) the necessary and reliable information about the goods, works and services he sells.

Corresponding to this right is the obligation of the seller (manufacturer, performer) to promptly provide the consumer with the necessary and reliable information about goods (work, services) (Clause 1, Article 10 of the Law “On Protection of Consumer Rights”).

Mandatory information about the product (work, service)

When selling goods (works or services), the legislator established that in relation to the subject of sale there is mandatory information about such a product.

It must be provided when the seller transfers the purchased item to the consumer.

Requirements for the completeness of information that must be provided by the seller (manufacturer, performer) are enshrined in Art. 10 of the Law “On Protection of Consumer Rights”.

Thus, information about goods (works, services) must necessarily contain:

1. the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the product;
2. information about the basic consumer properties of goods (works, services);
3. indications of price and terms of purchase;
4. warranty period, if established;
5. rules and conditions for the effective and safe use of goods (works, services);
6. information on the energy efficiency of products;
7. service life or shelf life of goods (work), established in accordance with the Law “On Protection of Consumer Rights”;
8. address (location), corporate name (name) of the manufacturer (performer, seller), authorized organization or authorized individual entrepreneur, importer;
9. information on mandatory confirmation of compliance of goods with requirements ensuring their safety for life, consumer health, and the environment;
10. information about the rules for the sale of goods (works, services);
11. an indication of a specific person who will perform the work (provide the service);
12. information that the purchased product has been used or the defect has been corrected.

The Law “On the Protection of Consumer Rights” also provides for ways to bring information about a product (work, service) to the consumer’s attention.

Such information is contained in the technical documentation attached to the product (work, service).

However, when purchasing a product (work, service), the consumer is not always provided with complete information.

In this regard, the legislator provides for certain consequences for the seller (manufacturer, performer).

False information (including dishonest, unreliable, deliberately false advertising)

In the Information Security Doctrine of the Russian Federation, the imposition of false information

classified as threats to the security of information and telecommunications facilities and systems, both already deployed and those being created in Russia. According to the Ministry of Aviation Administration of the Russian Federation, it was recorded in Russia in 1998-2000. about 31 thousand violations of advertising legislation (1998 - 2131, 1999 - 9612, 2000 - 19227), including 2587 - false advertising, 1747 - unfair advertising.-

False information has many varieties depending on the sphere of relations and the information technologies used. For example, one of the most common fraudulent schemes when trading securities over the Internet is the Pump & Dump scheme - “increase and dump” - a type of market

manipulation, which consists in making a profit through the sale of securities, the demand for which was artificially created. The manipulator, calling himself an insider or knowledgeable person and often disseminating false information about the issuer, creates increased demand for certain securities, helps to increase their prices, and then sells the securities at inflated prices. After such manipulations are carried out, the price on the market returns to its original level, and ordinary investors find themselves at a loss. This technique is used when there is little or no information about a company whose securities are rarely traded. A common scheme, the use of which has caused the greatest material damage for citizens in the last decade, has been the construction of so-called financial pyramids.

Knowingly false information is information that contains factual data that does not correspond to reality about the properties and quality of goods, works and services, as well as about manufacturers (performers, sellers) and which are significant in the civil legal sense. The list of information in the presence of which advertising is unreliable, in particular, includes: information that does not correspond to reality about such characteristics of the product as composition, method and date of manufacture, purpose, consumer properties, conditions of use, availability of a certificate of conformity, certification marks and marks of conformity state standards, quantity, place of origin; about the availability of a product on the market and the possibility of its acquisition in a specified volume, time period and place, etc.— A declaration of insolvency adopted in the manner prescribed by law, but on the basis of knowingly false information when presenting distorted information to creditors, is also known to be false. the solvency of a given business entity and other factors influencing the recognition of insolvency in order to change the timing and amount of payments or refuse them. Concealment, untimely submission or submission of knowingly false information of this kind is prohibited (Article 6 of the Federal Law “On the Protection of the Population and

territories from natural and man-made emergencies").

Advertising that violates the requirements for its content, time, place and method of distribution established by the legislation of the Russian Federation, and with the help of which the advertiser, advertising producer or advertising distributor deliberately misleads the consumer of advertising is known to be false.—

The objective side of the act includes actions to use in advertising deliberately false information about goods, works or services, their manufacturers, performers, sellers, dissemination of advertising messages containing deliberately false information, and bringing them to the attention of the addressee; consequences in the form of significant damage and a causal relationship between actions and consequences.

The use of deliberately false information in advertising consists of providing deliberately false information about the object of advertising, producing advertising with such information and distributing it. Deliberately false information in advertising can be used by the advertiser, advertising producer and advertising distributor, who, being independent entities from each other, have specific rights and obligations.

In a number of cases, regulations establish special requirements for the advertising of certain types of goods, works or services, in particular, for the advertising of securities if they act as goods, tobacco products, or alcoholic products. Violation of these requirements, including the absence of mandatory information or the communication of information prohibited for use in advertising, may constitute the use of deliberately false information.

Information of a general evaluative nature, in particular, promoting the sale of goods, is not knowingly false.

conclusion of contracts, but not containing deliberately false factual information about them.

A type of false information is often unsolicited advertising received by the user through mailboxes, fax, and with the development of computer technology - open computer networks. In relation to intrusive online advertising, the term “spam” began to be used several years ago, when advertising companies began publishing their advertisements in Usenet news conferences. The new type of commercial activity is called “spamming” or “mail-bombing”. But, since this technology provides for any filtering of messages, and conference administrators simply deleted spam before it reached a large number of people, spa measures switched to sending advertising to groups of recipients.

The main types of spam on the Internet:

pop-up windows (a minimized web page that opens against the will of the user in the form of a window on top of the main browser window, where you can place text, images, forms, etc., most often - free hosting servers and porn sites);
spam in conferences and news; spam in guest books (spammers purposefully search for guest books and place information in them that is not related to the site and does not contain useful information for the owner of the resource); spam in search engines (some webmasters, in order to attract visitors to their site through search engines, insert text into the pages stuffed with words like: sex, porn, internet, free,
behind which the user does not find anything expected); spam in email (most

A common type of spam is a letter sent to several recipients who have not expressed a desire to receive such a letter).

Main goals of spam:

product advertising, site promotion (when advertising something very good and/or free, the link leads to a site that is completely unrelated to this information, but the site’s rating increases due to deceived visitors),

paid calls (a product is advertised and a phone number is indicated, by calling which you will only hear an answering machine, and then you will receive a bill for the connection), advertising of money pyramids (promising fabulous profits with the preliminary transfer of a small amount of money to the specified address), collection of information (under the guise of a survey or ordering, they offer to fill out a form and send your data to the specified address), sending viruses, etc. (for example, pampering).

A 2000 study by the European Commission found that daily spam costs internet users a total of 10 billion euros ($9.36 billion) a year. This is the amount that is spent for using the Network while web servers are viewing or removing spam from their mailboxes from various Internet marketing companies. Sending promotional letters by email is very popular in the United States and is becoming increasingly common in European countries, including Russia.

Indecent information (including pornography, unethical advertising).

Under

Pornographic products are understood as any printed and audiovisual products, including advertising, messages and materials sent and received via communication lines, the purpose of which is an obscene, cynical image and (or) description of the sexual life of people, including sexual acts with minors, violent acts of a sexual nature, as well as sexual acts related to abuse of the bodies of the dead or committed against animals. Unlike erotic images, pornography focuses on genital contact.

Information that has a destructive effect on people’s health (including advertising with hidden inserts).

Back in the early sixties of the twentieth century, the idea of ​​“hidden advertising” was proposed in the USA. As you know, to achieve the effect of a continuous image, film frames must change at a frequency of at least 20 frames per second (in cinema, the frequency is 24 frames/sec.). It was proposed that after every “normal” 24 frames, another one should be printed on which to place an advertisement for Coca-Cola (the invention was made in this company). The man is not

was aware that he was seeing this image, but the information still entered the subconscious and became a very powerful means of suggestion.

In 1964, advertising had passed all experimental stages and could well have been introduced. But side effects were discovered (the subject became distracted in the workplace, standard reactions slowed down) and one of the subcommittees of the US Congress at its closed meeting, after hearing information about the new type of advertising, banned it. The possibilities of tracking such an impact on the human psyche are quite simple: it is enough to play the film on professional video recording equipment, stopping at each frame, and the 25th frame can be recognized.

Now, using computer technology, information is not inserted into a separate frame, but its image is achieved by alternating shades in the remaining frames, which increases the impact effect, according to experts, by 1.3 times compared to the classic “25th frame” and is practically unprovable when legal expertise. This discovery, made in 1979 by the American scientist Wang Lee, changed all concepts about advertising - there was no need for long and detailed descriptions of the properties of the product, but a new term “advertising clip” appeared - a short video sequence, sometimes completely absurd and not related to the product, but containing an encrypted order, which begins with an address (“woman!”, “Hey, guy!”, “Respectable gentleman!”), followed by an advertising phrase (it can be different, most often “such and such a product is of the best quality, you need it"), and the title ends with the standard phrase - “remember this!” -

The "666" computer virus also uses the "25 frame" effect. On a computer screen, as well as on a television screen, frames change at the same frequency. By the twenty-fifth frame, “666” displays a special color combination on the screen that immerses a person in a kind of hypnotic trance. After 25-30 seconds, the picture changes, and the subconscious perception of a new color pattern leads to a change in cardiac activity - the rhythm and strength of contractions. Blood pressure in the pulmonary circulation increases sharply, then drops just as sharply, and this is repeated several times, which provokes the possibility of hemorrhage in the brain.

These facts indicate the need to develop both national legislation and international law aimed at protecting the human psyche from unconscious destructive information influences. This makes the solution to the problem of legal protection and protection from such influence one of the priority tasks of state policy, which requires, along with the improvement of the existing individual provisions of laws and by-laws “On the Mass Media”, “On Advertising”, “On Freedom of Conscience and on religious associations”, “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens”, etc. the adoption of a special Federal law “On information and psychological security”. - This bill should, in our opinion, be a framework, be of a general nature (it does not infringe on the freedom speech, media and freedom of conscience) and could serve as the basis for the preparation and subsequent adoption of a package of other laws in this area.

Information and psychological security is understood as the state of protection of the vital interests of the individual, society and the state from the influence of harmful information.

Information and psychological security is an integral part of information security and should occupy a special place in public policy to ensure it. This feature is determined by the specifics of threats and their sources in the field of information and psychological security, the special nature of the principles and tasks in the implementation of state policy in this area—.

Potential sources of threats

information and psychological security can be:

• individuals who naturally have the ability to unconsciously influence other individuals and to unite these individuals;

• religious and other groups and organizations of a destructive nature;

• development, creation and use of special technical and software tools for unconscious destructive effects on the human psyche (including through generators of physical fields and radiation, computer programs, sources of information);

• geopathogenic zones (territories and areas that have a natural destructive effect on the human psyche);

• anthropogenic zones (territories where mass extermination and (or) burial of people, slaughterhouses and other areas of the area that had a destructive effect on humans were previously carried out).

Main threats

information and psychological security are the following:

• causing harm to a person’s mental health;

• blocking a person’s freedom of expression at an unconscious level, artificially instilling in him a dependency syndrome and, as a result, committing illegal actions;

• manipulation of public consciousness using special means of influence;

• destruction of the unified information and spiritual space of Russia, the traditional foundations of society and public morality.

In the absence of a formed civil society in our country and public mechanisms of self-regulation, the state must take responsibility for recognizing these threats and preventing the consequences of their implementation.

— Kudryavtsev V.N., Topornin B.N. and others. Science stigmatizes pseudoscience // Izvestia. No. 130. 1998. July 17.

-The Aum Shinrikyo sect was created in Japan in 1987, led by leader Shoko Asahara (Chizuo Matsumoto). The sectarians sprayed the poisonous gas sarin (in June 1994, 7 people died in Nagano; on March 20, 1995, 11 people died and about 6 thousand people were poisoned in Tokyo). The leader and 30 of his closest supporters were arrested on April 18, 1995 and sentenced to long terms of imprisonment. The Tokyo District Court ordered the cult leader to pay $3.7 million in compensation to the families of four of the seven killed in the Nagano gas attack, on July 25, 2001. After the arrests of the leaders, the sect changed its name - “Aleph”, while retaining its property.

“For more details, see: Religious expansion against Russia // Analytical Bulletin. Ed. State Duma of the Russian Federation. 1998. Vol. 4; Kulikov V. Harakiri to achieve complete perfection / Rossiyskaya Gazeta. 2001. July 10.

— The results of an experiment conducted by psychologists R. Liebert and R. Baron (1972) revealed a strong influence on young viewers of films in which they find suitable behavior patterns that look ominous. Several children watched episodes of a television program that showed people intentionally hurting each other. It was noted that after this viewing, these children behaved much more aggressively towards others than those children who finished watching a neutral television program (horse racing). The researchers concluded that when children see people acting aggressively on screen, they become aggressive themselves. Children from different age groups (five- to six-year-olds and eight-to-nine-year-olds), both girls and boys, took part in the experiment, and they all reacted almost identically to scenes of violence.

-This is recognized by the Government of the Russian Federation, prosecutors and law enforcement agencies. Thus, in the address of the Deputy Chairman of the Government of the Russian Federation (No. 4233p-PZ dated December 6, 1996) to the Chairman of the State Duma of the Russian Federation it is said: “We share the alarm about the strengthening of the activities of religious associations that have earned themselves a scandalous reputation in many countries of the world. Taking advantage of the imperfection of legal regulation of the procedure for registering foreign religious associations and monitoring their activities on the territory of Russia, these organizations created an extensive network of branches in a number of regions. Particularly troubling is the fact that citizens involved in the activities of some new religious

formations that are totalitarian in their orientation instill asocial attitudes: hostility towards national spiritual culture, Russian customs and traditions, family and parental responsibilities. Health authorities receive information about the development of mental changes in persons involved in destructive cult organizations. It should be noted that Russian legal science and practice, administrative and criminal systems do not yet have sufficient experience in countering destructive cults. Criminal prosecution for such facts has not received the necessary distribution. In recent years, criminal cases have been brought against representatives of foreign religious organizations only three times for organizing associations that infringe on the personality and rights of citizens. We believe that to resolve the problem under consideration, an appropriate federal legislative act is necessary.” In response to repeated appeals from the Moscow Committee for Housing Ecology to the prosecutor's office regarding the testing of psychotronic weapons on the population, the Moscow prosecutor's office, in its response No. 32-7-15-97 dated April 7, 1997, shares concerns about this problem and sends “appropriate information" to the Prosecutor General's Office of the Russian Federation, but at the same time is forced to state: "The presented documents indicate that the main requirement is to establish legal control over research in this area. However, there is no legislation on this issue. In this connection, the city prosecutor’s office is not able to in any way ensure the protection of the rights of citizens who are exposed to psychotronic technology.”

Smirnov P., Beznosyuk E., Zhuravlev A. Psychotechnologies: computer psychosemantic analysis and psychocorrection at an unconscious level. M., 1996; Aleshenkov M.S. and others. Energy and information security of man and state. M., 1997; Psychoecology of Russia. Problems of security of the information space and the country's psychosphere. St. Petersburg, 1997.

~ Lopatin V.N. On the problems of human information security // Russian Federation today. 1999. No. 20. pp. 16-17.

— Dyakov SV. II Commentary on the Criminal Code of the Russian Federation / Ed. Yu. I. Skuratova, V. M. Lebedeva. Ed. 3rd, rev. and additional M. 2001. P. 722.

-Kommersant, No. 113/p, July 2, 2001.

—Federal Law “On Advertising” of July 18, 1995 (Article 7).

—Advertising means information distributed in any form by any means about an individual or legal entity, goods, ideas and initiatives (advertising information), which is intended for an indefinite number of persons and is intended to create or maintain interest in these individuals, legal entities, goods, ideas and initiatives and promote the sale of goods, ideas and initiatives.

1 9

—The term “spam” originates from an old (1972) sketch by English comedian Monty Python Flying Circus, in which restaurant patrons trying to place an order are forced to listen to a Viking choir singing the praises of canned meat (SPAM). In modern usage, spam refers to unauthorized commercial email.

— An example of the relevance of this issue is the situation when on September 12, 2000, during the election campaign for the US Presidential election, George W. Bush was accused of using the so-called “25th frame” technology in one of the Republican advertisements. In this video criticizing Al Gore's social programs, fragments of key phrases from Gore's speeches randomly flash behind the Democratic candidate (which, apparently, should indicate confusion in his program) and between them appears the word rats (English - rats). rats, slang - nonsense, nonsense), which is at the same time the ending of the word democrats. The word rats appears on the screen for only 1/30th of a second. However, according to experts, this time is enough for the human subconscious to be affected and a negative image of A. Horus to form. The Republicans themselves, as CNN writes, were initially taken aback by such accusations. “This is reminiscent of rumors that if you play one song backwards, you can hear “Paul is dead,” Bush campaign press secretary A. Fleischer commented on the Democratic statements,” referring to one of the most intriguing and enduring legends of Beatlemania - the that some of the Beatles' songs allegedly contain an encrypted message about the death of Paul McCartney in 1966 in a car accident. Advertising technologies using the 25th frame are prohibited in the United States, but no one was held accountable; moreover, the advertising video was played 4,400 times in 33 US cities (the cost of such advertising is more than $2.5 million).

— For more details, see: Tsygankov V.D., Lopatin V.N. Psychotronic weapons and the security of Russia. M., 1999.

— About the draft Federal Law “On Information and Psychological Security” // Journal “Legislation and Practice of Mass Media”. M., 2000. No. 68. pp. 6-14.

— See about this: Draft Concept of Information and Psychological Security.

14.2. Legal protection of the rights and legitimate interests of individuals, society and the state from the impact of harmful information

Legal protection of the rights and legitimate interests of an individual, society and the state from the impact of harmful information begins from the moment federal law (international treaty) establishes a ban (restriction) on the relevant information or certain actions with it (distribution, production, use).

Modern international law has established a number of prohibitions on the dissemination of certain types of information.

UN General Assembly Resolution PO (11) of November 3, 1947 condemns any form of propaganda carried out in any country that has the purpose or is capable of creating or increasing a threat to peace, a breach of the peace or an act of aggression.

The 1936 Geneva Convention on the Use of Broadcasting in the Interests of Peace (for the Russian Federation since 1983) prohibits states from conducting radio broadcasts from their territory that could incite the population of one country to take action against the internal order or security of another country. It obliges participants to take measures to stop such broadcasting on their territory, as well as to ensure that the broadcasts of their radio stations do not call for war or for actions that could lead to it. The Convention obliges states to “issue appropriate instructions and regulations for the management of government radio stations and ensure their compliance with such services”, and also “include appropriate provisions in the statutes of national institutions, or in

conditions of operation of any concession company, or to the rules applicable to other private enterprises, and to take the necessary measures to ensure compliance with such provisions by any independent broadcasting organizations." - A separate resolution adopted at the Geneva Convention draws attention to the need to exercise special restraint when broadcasting in languages those peoples for whom radio broadcasts are intended.

The International Covenant on Civil and Political Rights of 1966 (Article 19, paragraph 3) establishes that the enjoyment of rights entails special duties and special responsibilities and may therefore be subject to certain restrictions, which, however, must be established by law and be necessary: ​​a) for respect of the rights and reputations of others, b) for the protection of national security, public order, public health or morals. Based on this, the Covenant (Article 20) establishes that “all propaganda for war must be prohibited by law,” as well as “all advocacy of national, racial or religious hatred, constituting incitement to discrimination, hostility or violence, must be prohibited by law "

The 1981 UN Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States includes a provision recognizing the duty of the state to refrain from any defamatory campaigns, offensive or hostile propaganda with the aim of intervening or interfering in the internal affairs of other states.

The International Convention on the Elimination of All Forms of Racial Discrimination of 1965 obliges its parties to prohibit the exercise by any persons or organizations

racial discrimination and condemns all propaganda based on ideas or theories of racial superiority.

According to the 1925 International Convention for the Suppression of the Circulation of and Trade in Pornographic Materials, states pledged to cooperate in suppressing the distribution of pornographic materials, including their import and export across national borders.

UN General Assembly Resolution 127(11) of November 15, 1947 invited states to take measures to combat the spread of false or distorted news that could harm friendly relations between states. The danger of negative ideological influence through the media led to the adoption by the UN General Assembly in 1952 of the Convention on the International Law of Refutation (entered into force in 1962). The Convention obliges states parties to transmit to their correspondents and news agencies a refutation received from another state regarding published or disseminated information that is false or distorted and could cause damage to its prestige or relations with other states.

The Declaration of Rights and Freedoms of Man and Citizen of the Russian Federation (Article 4) establishes that the exercise by a person of his rights and freedoms should not violate the rights and freedoms of other persons. In accordance with this, “the use of rights and freedoms to forcibly change the constitutional system, incite racial, national, class, religious hatred, and to promote violence and war is prohibited.”

The Constitution of the Russian Federation also establishes a number of prohibitions on the dissemination of such information. In accordance with paragraph 2 of Art. 29 “propaganda or agitation that incite social, racial, national or religious hatred and enmity are not permitted; Propaganda of social, racial, national, religious or linguistic superiority is prohibited.” In accordance with paragraph 5 of Art. 13 prohibits the creation and activities of public associations whose goals or actions are aimed at violently changing the foundations of the constitutional system and violating the integrity of the Russian Federation, undermining the security of the state, inciting social, racial, national or religious hatred.

The Concept of Foreign Policy of the Russian Federation, adopted in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation, as well as the Concept of National Security of the Russian Federation, approved by Decree of the President of the Russian Federation of January 10, 2000 No. 24, emphasizes need for coordinated

actions in an interdependent world and recognizes that “a strategy of unilateral actions can destabilize the international situation, provoke tension and an arms race, and aggravate interstate contradictions, national and religious strife. The use of force, bypassing existing international legal mechanisms, is unable to eliminate the deep-seated socio-economic, interethnic and other contradictions underlying conflicts, and only undermines the foundations of the rule of law.”

The CIS Convention on Human Rights and Fundamental Freedoms, recognizing the fundamental rights and freedoms of everyone (these issues were discussed in detail in Chapter 8 of the textbook), at the same time

establishes the grounds for restrictions on these rights by the state: “since the exercise of these freedoms entails duties and responsibilities, it may be subject to formalities, conditions and restrictions prescribed by law and necessary in a democratic society in the interests of state or public safety, public order, protection of health and morality of the population or protection of the rights and freedoms of others.” At the same time, recognizing equal rights without any discrimination, including the right to equal protection of the law, the Convention establishes that “the enjoyment of rights and freedoms is guaranteed without discrimination on any ground, such as sex, race, color, language, religion, political or other beliefs, national or social origin, membership of a national minority, property and official status, place of birth or other circumstances. Persons belonging to national minorities shall not be denied the right individually, jointly and freely to express, preserve and develop their ethnic, linguistic, cultural or religious identity.”

In accordance with the Agreement “On cooperation of the CIS member states in the fight against illicit trafficking in narcotic drugs, psychotropic substances and their precursors” dated November 30, 2000, the basic principles of cooperation include the prohibition of propaganda and advertising in the field of illicit drug trafficking and drug abuse.

Let us consider in more detail the legal regulation of relations in connection with the protection of rights from the impact of certain types of harmful information.

Actions of the consumer when not providing information about the product (work, service)

Action 1. A written request to the seller within a reasonable time with a written request to provide information about the product (work, service) that the seller is obliged to provide. Drawing up and sending by the buyer to the seller a claim indicating the requirements in the event of detection of defects in the product or harm to the consumer by this product (work, service) due to failure to provide reliable and necessary information about the product (work, service).

The content of the claim may include a requirement for:

• replacement of goods;
• eliminating deficiencies;
• return of the paid amount;
• compensation for losses (Article 15, paragraph 3 of Article 495 of the Civil Code of the Russian Federation, paragraph 2 of Article 12, paragraph 1 of Article 18 of the Law “On Protection of Consumer Rights”).

Action 2. Drawing up and sending a complaint by the consumer to the territorial body of Rospotrebnadzor, if the seller ignores the corresponding request of the buyer or does not satisfy the demand made by him. The buyer's appeal to Rospotrebnadzor may result in the seller conducting another unscheduled inspection or initiating a case for an administrative offense in the manner provided for in paragraphs. 1, 3 p. 2, pp. 5 paragraph 4 art. 40 Law No. 2300-1; Part 1 Art. 23.49, clause 3, part 1, art. 28.1, part 1 art. 28.3 Code of Administrative Offenses of the Russian Federation.

Important! At the request of the consumer, Rospotrebnadzor may carry out an unscheduled inspection if:

• the buyer has previously sent a claim to the seller;
• the seller refused to satisfy the buyer's demands or left the request unanswered.

If information about the product was not provided in an appropriate manner and, as a result, harm was caused to the life and health of citizens, then you can immediately contact Rospotrebnadzor.

According to paragraphs. 7 paragraph 4 art. 40 of the Law “On the Protection of Consumer Rights” Rospotrebnadzor has the right to apply to the court to protect the rights of consumers and the legitimate interests of an indefinite number of consumers.

Where else to go?

Action 3. In cases provided for by law, if information about the product, the buyer has the right to file a complaint:

• to the prosecutor's office;
• local government bodies;
• public associations of consumers, etc.

In order to protect consumer rights, the above bodies and institutions have the right to file an application with the court.

Action 4. Drawing up and sending by the buyer a statement of claim to the court in the event of failure by the seller to comply with the buyer’s demand for compensation for damage caused due to the fact that information about the product was not provided in an appropriate manner. If the seller refuses to voluntarily satisfy the consumer’s demands, the court, when making a decision in favor of the consumer, may impose a fine on the seller in the manner prescribed by law.

Important! The initiation of administrative proceedings, along with civil proceedings, helps to bring perpetrators to justice and facilitate the proof of harm.

What if there is no answer?

A claim for undelivered goods cannot always help resolve a conflict with a store. It also happens that the seller simply ignores the buyer and his complaint. But there is no need to give up : you can return the purchase price through the court. How to do it?

You can also find out about the deadline for responding to a consumer complaint by law by reading here.

Let's go to court

If the case goes to court, then before filing a lawsuit, it is necessary to prepare documents. The buyer must have :

1. Cash and sales receipt confirming payment, payment receipt statement.
2. Contract of purchase and sale, order and delivery of goods.
3. A copy of the previously submitted refund claim.
4. Receipt for payment of the state fee for going to court.

What to include in the statement of claim? The consumer needs to write in detail the details of the store, the moment of the purchase and what actions were performed by the seller. In support of an amicable attempt to resolve the dispute, a previously filed claim for undelivered goods must be attached to the application.

Perhaps the trial will end with reconciliation of the parties: the seller himself will agree to fulfill the buyer’s conditions without bringing the matter to forced collection.

The consumer can write an application to the court either independently or with the help of a professional lawyer. Remember that all costs of filing a claim will be reimbursed by the defendant. What is the plan of action for a refund for undelivered goods? To do this you will need :

1. Prepare all necessary evidence of purchase and payment for undelivered goods.
2. Pay the state fee and draw up a statement of claim in three copies.
3. Submit a claim and documents to the court at the place of registration or at the location of the seller.

Cases of this nature are not processed as quickly as a claim. On average, a court decision can be obtained in one or two months. But after this, the buyer will be guaranteed to get his money back, as well as additional compensation.