After I published the article "How Megaphone burned on mobile subscriptions "
, I tried to get a comment from Megaphone.
There is still no answer.
But instead, I got an internet hover. That is, at some point the traffic stops going and the YouTube player stops playing. Also from MegaFon’s mobile, moy-m-portal.ru
has completely stopped opening. On Tele2, MTS and Beeline, everything is stable. That is, Megaphone just decided to take revenge on me ...
It fueled my interest to promote this tangle of “mobile subscriptions” and share my research with you.
Readers pointed out to me a large number of inconsistencies in the previous article, which will allow the operator to fight off the complaint to the supervisory authority.
Remote purchase of goods and services with the withdrawal of funds from a mobile phone account (if there is no content account) is governed by paragraph 5 of Art. 44 No. 126-FZ “On Communication” and all this takes place in an offer-acceptance form (Art. 435-438 of the Civil Code of the Russian Federation).
In the event that a client has applied to a cellular operator with a request to create a special content account, then payment for services of third parties can only be made from this account.
The idea was really cool for its time. That is, if I want to order a pizza home, then it is enough to choose a pizza on the pizzeria website, enter the delivery address and press the pay button. The funds will be deducted from the mobile phone account. There is no need to constantly enter the details of a bank card.
Now there are GooglePay and ApplePay, which also allow you to pay in online stores. Therefore, the wap-click technology is already obsolete.
But not for fraudsters ... Today I have not found a legal product or service that can be paid for via wap-click technology.
How this technology actually applies:
- You go to the site you are interested in, where the arbitrator’s script is installed.
- The script according to a certain algorithm can leave you on the site, and can redirect to landing page
- After reviewing the contents, you are unsuspecting to click "continue."
- Landing redirects you to a site that belongs to a cellular operator with a picture similar to the previous one (for visual deception), but with a different text.
- Without reading the text, click "Continue"
- You are redirected to the site with a "go ** content"
- Money is charged from a mobile phone account.
You are indignant, call the call center of the cellular operator and yell. The operator replies that you yourself agreed to these conditions and will be almost
right, because the text of the last picture is:
By clicking on the "Continue" button, you agree to the connection of the vsewap.ru subscription and the Subscription Terms. Subscription price 35.0 rub. including VAT for 1 day. Payment is made from the main account. The service is provided by the content provider LLC Informpartner.
As in the offer acceptance form of the agreement you have to express your agreement
Art. 438 of the Civil Code of the Russian Federation: Acceptance must be complete and unconditional.
That is, pressing the button is fixed by the mobile operator itself, and does not believe the content provider “for the word”.
Next, the operator transmits to the content provider the information that you accepted the offer and paid for the service/product.
What is “unclean” here?
On the offer acceptance page, Megaphone applies a template that the content provider allegedly pushes to it.
According to Art. 9 of the Law "On Protection of Consumer Rights".
The manufacturer (performer, seller) is obliged to inform the consumer of the corporate name (s) of his organization, its location (address)
You will not find the location of Informpartner LLC either on the offer page or on the website itself. Yes, and other details you will not find there.
Article 10 of the same law:
1. The manufacturer (performer, seller) is obliged to timely provide the consumer with necessary and reliable information about the goods (works, services), ensuring the possibility of their correct choice.
But not a single link you will not see descriptions of what you get for a subscription, as well as there is no information about the content producer anywhere.
These consumer rights are also enshrined in the Decree of the Government of the Russian Federation of September 27, 2007 No. 612 “On approval of the Rules for the sale of goods by remote means”.
We are looking for information about Informpartner LLC
The law allows us to require the provision of information about the seller and his product:
Article 8. Consumer's right to information about the manufacturer (performer, seller) and about the goods (works, services )
1. The consumer has the right to require the provision of necessary and reliable information about the manufacturer (performer, seller), his mode of operation and the goods (works, services) sold by him.
I called the technical support service of Informpartner LLC: 8 800 500-25-43. A polite girl said that all the information I can get only by sending a request to the email address. Verbally, they do not provide this information.
I sent a request to firstname.lastname@example.org
Within the framework of the Law, I could not get information ...
Business on mobile traffic
After I published the article “How Megaphone Burned on Mobile Subscriptions”
I was contacted by the site owner, who threw me on a landing page mobile subscription. He said that someone had inserted a code into his website that analyzes the visitor and in case the client of the cellular operator redirects to the landing page.
And given that the content of the site is more designed for citizens of the Republic of Belarus, and redirection occurred only for subscribers of the Russian Federation, this hacking was almost imperceptible to the site owner.
I have reason to believe him, since I myself worked in the company's CEO and clients came to us with a diverse zoo of hacked sites that I had to repair.
So there are several participants in this structure:
- "non-mammoth" - also a regular user
- The owner of the resource - to which users go voluntarily.
- Hacker - if the redirect appeared as a result of hacking the site. But the owner of the resource can also voluntarily install a “bad” code.
- Arbitrage - receives redirected traffic from a resource and redirects to content providers.
- Content Provider - which puts the "non-Mammoth" g ** nocontent
- Mobile operator - debits money from the subscriber's account and sends them to the content provider.
The user comes to the "toxic" site where the script checks where the non-Mamont came from. In case he came from the pool of addresses of Megafon PJSC and under a number of other conditions, he redirects to the site of the arbitrator. That in turn redirects to the customer's landing page (in our case, vsewap.ru).
“Non-mammoth” sees the text that hints at nothing and presses “Continue”. Further, on the same page, which already belongs to Megaphone, small text says that the service is a paid and bright “Continue” or “look” button.
“Non-mammoth” presses this button and MegaFon-certified equipment records unconditional agreement with the IP address of the subscriber. Money was written off from the subscriber's account and Megaphone sends money to the content owner. That, in turn, pays the commission to the arbitrator. Only the owner of the site will eventually get into the black list of browsers
Mobile Internet Tethering
A very interesting snag is that the subscriber, in most cases, has the legal right to distribute the Internet from his phone to any device for any person.
In this case, it is impossible to establish exactly what the subscriber pressed the button, and not another person who connected to the Internet through this device.
Therefore, by virtue of Art. 438 of the Civil Code of the Russian Federation, the operator cannot precisely establish who exactly accepted the offer ...
Thus, wap-click technology is no longer legal. This is a reason to appeal to the regulatory authorities!
Return the pressed ...
Megaphone returns money only if the client makes trouble and will face complaints to the regulatory authorities:
Moreover, if you write to Rospotrebnadzor, the operator replies that the money was withdrawn erroneously and has already been returned to the subscriber.
Original by Picaba
. Thanks for the hint XoIod
If everything was within the law, then after the client was outraged, they would not return anything, since by virtue of art. 435-438 of the Civil Code of the Russian Federation the service is paid and provided.
Was there a boy? ..
Megaphone constantly asserts that it does not provide content providers. That is, he only accepts money for payment for the services of third-party organizations, in this way, according to the ZOZPP ...
PJSC Megaphone is the owner of the aggregator,
the owner of the aggregator of information about goods (services) (hereinafter the owner of the aggregator) is an organization irrespective of the organizational-legal form or an individual entrepreneur who owns a program for electronic computers and (or) the owners of the site and (or) pages of the site on the Internet information and telecommunications network and which provide the consumer with respect to a certain product (service) at the same time familiarize yourself with the seller’s (contractor’s) proposal to conclude a product purchase and sale contract (paid service agreement), conclude a purchase and sale contract (paid service contract) with the seller (contractor), and also make an advance payment for the specified product (service) the transfer of funds to the aggregator’s owner within the framework of the applied forms of cashless payments in accordance with clause 3 of Article 16.1 of this Law and Federal Law No. 161-ФЗ of June 27, 2011 “On the National Payment System”. br/>
... because it is Megaphone that writes off the money.
Clause 1.2 Art.9 ZoZPP obliges the aggregator to provide all information both about himself and about the organization on whose behalf he acts.
Clause 1.2 Art. 9 ZoZPP
1.2. The owner of the aggregator is obliged to bring to the attention of consumers information about themselves and the seller (performer) (company name (name), location (address), mode of operation, state registration number of the record on the creation of a legal entity , last name, first name , patronymic name (if any), state registration number of the record on state registration of an individual as an individual entrepreneur), as well as on any changes in the specified information The aggregator’s owner informs consumers about himself and the seller (performer) by posting it on his website and (or) website page on the Internet information and telecommunications network. Information about the seller (performer) the aggregator's owner has the right to bring to the attention of consumers by posting on their website and (or) page of the website in the information and telecommunications network "Internet" links to the website of the seller (performer) in the information and telecommunications network "Internet".
Of course, I decided to ask about Megafon Informpartner LLC.
In doing so, they continue to lie
We all remember from the previous article that the service is connected via the resources that belong to Megafon PJSC.
Almost all sites on moy-m-portal.ru
, including video-box24.com
, the footer contains text.
Warning! All content is presented for informational purposes!
The cost of access is 35 rubles (VAT included) for 1 day for subscribers of PJSC MegaFon; on a one-time payment - 150 rubles (including VAT) for 30 days for subscribers of PJSC MegaFon; Extension of access occurs automatically through a subscription. To refuse to provide a Subscription to the service, send an SMS message with the word STOP & lt; space & gt; 2078 to the number 5151 for subscribers of PJSC MegaFon. Posting free in your home region. Technical support service of Informpartner LLC: 8-800-500-25-43 (free call), e-mail: email@example.com
Please note that there is not a word that Informpartner LLC provides the service. I connected via the Internet from Megaphone and clicked on the "content". I, of course, threw on the validator.
content account in the office operator < br/>
The key here is that the service is provided by Informpartner LLC.
The text "Subscription Terms"
leads to a document that is an offer. We read and search with whom we conclude a contract.
Copy of the offer, if Megaphone decides to delete this document.
These terms and conditions of the Mobile Subscriptions service (hereinafter referred to as the Terms) in accordance with article 435 of the Civil Code of the Russian Federation are an offer addressed to Subscribers (hereinafter referred to as the Offer), and become an agreement between the Subscriber and Operator on the provision of the Mobile Subscriptions service (hereinafter referred to as the Service) since the Subscriber’s agreement with them.
Who is the operator written below:
Communication Operator (Operator) - PJSC MegaFon, including the Capital Branch,
That is, the service is sold by Megafon, and not by some Informpartner LLC!
Central Branch, North-West Branch, Volga Branch, Caucasus Branch,
Ural branch, Siberian branch, Far Eastern branch.
1.6. The Operator provides the Service with the information support of partners. The Operator has the right to involve other third parties for the provision of the Service without the consent of the Subscriber
Informpartner LLC is just a Megafon subcontractor!
We get access to "paid" content without payment
After examining a huge number of sites for mobile subscriptions, I found out that their content was taken from public sources. That is, they "sell" the air, which is free on the next street and of higher quality (without the smell of rotten meat).
And there are those who openly steal someone else's content and give it away for their own. Of course, no one makes deductions in favor of the author.
To be convinced of this - it is not necessary to buy a subscription.
In order to not accidentally get on the money, use the Internet not from a mobile operator. You can, of course, through the Internet MegaFon. There will be one more step, but this is at your own risk.
Go to the site with mobile subscriptions moy-m-portal.ru
we choose almost any site (with some tricks it may not work). Moving on and possibly receiving a warning from the browser:
Of course, we continue. Select the content and click the interactive button. In our case, “Watch”:
At this moment, you will be transferred to a certain validator, who will determine that you are not from Megaphone and will return to the site without access. "Validator" would look something like this:
& amp; puid = 13921561901000002_8927 & amp; init_service_code = hotpussy & amp;
operation_status = noauth & transactid = 13921561901000002_8927
& amp; serviceid = hotpussy
Url which returns in this example:
login = dbd17195 & amp; password = 86075716
& amp; subs_status = noauth
It is often enough to change
subs_status = noauth
subs_status = ok
in the second link. Enter and now “paid” content will start playing.
In more severe cases, in the first link, change
operation_status = noauth
operation_status = ok
. Paste into the browser and go. Authorization passed, but not a penny removed.
He rolls with almost everyone, where the support of the site specifies Informpartner LLC, since they do not bother and make a huge number of copies of their site. A go ** o-content kept on servers, like servercontent.ru
An example of content servercontent.ru/upl/09/e6/uoiVtXtS444.mp4
How to fight with a megaphone?
1. Via chat support connect the following services:
Refusal of operator offers in SMS, MMS, E-mail
Cancellation of offers from partners in SMS, MMS
Cancellation of offers from partners via e-mail
Rejection of operator telemarketing
Refusal to notify the operator in the service SMS
Refusal to notify the operator in the service USSD
Refusal of banner advertising operator
Denial of banner advertising partners
Ban on paid content shortcodes
Waiver of ussd mailings
2. Connect a content account in the operator’s office. But you can also via chat.
3. Write a complaint to “Rospotrebnadzor”
on Megaphone, as the operator as an aggregator does not provide information about the artist Informpartner LLC in violation of clause 1.2 of article 9 of the Consumer Protection Act
. Also for deception, as the performer of the service on the page of the acceptance of the offer and the page of the "Conditions" diverges.
4. Write complaints to Informpartner sites due to the lack of information about the company and the product on the site (Art. 8, 9 and 10 ZOZPP). Maybe Roskomnadzor will start doing the right things, not this all ...
During the investigation, I received evidence that Informpartner LLC is a Megafon subcontractor supporting these resources. Perhaps it does not exist at all. And this whole system of subscriptions is the brainchild of MegaFon itself. And when writing off money, allegedly, the services of the content provider Informpartner with the subscriber go to the same Megaphone.
Probably the same scheme exists with other mobile operators, but Megafon was not lucky, as it was he who showed me a landing page with a subscription for the first time.
I ask knowledgeable people in the comments to add legal aspects, maybe someone will write a complaint template to the regulatory authorities.
I urge you to check the information in this article and file a complaint with the mobile operators and go ** o-content providers to stop these fraudulent activities!
Complaints work and this is confirmed
in the comments.
I still have the feeling that I am missing something in this scheme ...
previous article 2 dislikes (622 likes)
. Who do you think put them? ..
Thank you Headshaker
LIMITED LIABILITY COMPANY INFORMPARTNER
Name in English
420074, Tatarstan Republic, Kazan, st. Petersburg, 52 office 203
Limited Liability Company
Activities related to the use of computers and information technology, other
Khusnutdinov Timur Medkhatovich · General Director
Considering that the domain informpartner.com (support mail on firstname.lastname@example.org) is registered with Timur Khusnutdinov, this organization is suitable.
Revenue 4,032,457,000 ₽ 12/31/2017
In a personal note, they dropped me a link to an article in which the author burned "parasitic" banners in AdSense/AdWords gogolev. net/node/137
True, it was in 2017, but nonetheless.
When I wrote the article, I found reports on the Megafon’s IFRS and tried to find where subscription revenues were hidden there. After all, judging by the market, operators (everything is similar in the big three) take half the money from subscriptions. As far as I remember (everything went on with an error, it was a long time ago): the subscriptions are hidden in the direction with other services, such as megaphone.tv and others, according to my estimates at that time I put on 10-20% of income.