​Consumer fraud and trade violations: five case studies for 2021 - 2021

New edition of Art. 14.7 Code of Administrative Offenses of the Russian Federation

1. Measuring, weighing or shortchanging consumers when selling goods (work, services) or otherwise deceiving consumers, except for the cases provided for in Part 2 of this article -

entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials - from ten thousand to thirty thousand rubles; for legal entities - from twenty thousand to fifty thousand rubles.

2. Misleading consumers regarding the consumer properties or quality of a product (work, service) during the production of goods for sales purposes or during the sale of goods (work, services), except for the cases provided for in Part 2 of Article 14.10, Part 1 of Article 14.33 and Article 14.39 of this Code, -

entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials - from twelve thousand to twenty thousand rubles; for legal entities - from one hundred thousand to five hundred thousand rubles.

Minimum purchase amount

The online pharmacy has set a minimum order amount of 500 rubles. There were cheaper products in the assortment. Failure to reach the threshold amount meant a refusal to sell.

The consumer complained about the imposition of additional goods. This infringed on his rights and led to a “rise in price” of some goods at the expense of others.

The seller’s actions were regarded as a violation of the rules for the sale of goods. It was a warning, but normally there is an alternative punishment - a fine. For legal entities it ranges from 10 thousand to 30 thousand rubles, for officials - from 1 thousand to 3 thousand rubles.

(Resolution of the Seventh Arbitration Court of Appeal dated July 15, 2020 No. 07AP-3308/2020 in case No. A45-42605/2019)

What's the threat?

The current legislation provides for administrative liability. The characteristics of the violation and the type of punishment are regulated by Art. 14.7 Code of Administrative Offences.

To correctly apply the Code, it is necessary to use the PLA, which specifies all the rules, rights and responsibilities of the selling party or manufacturer.

Paid delivery

On the website of the online store it was indicated that if an order with paid delivery is cancelled, its cost will be deducted from the buyer. The order status does not matter.

The client placed an order and canceled it a minute later. There is a delivery debt. The courts noted: the seller wrote off the money, although he did not deliver the goods and did not bear any expenses. This is a shortchange of consumers. It resulted in a fine of 40 thousand rubles for the society.

(Resolution of the Arbitration Court of the Moscow District dated December 8, 2020 N F05-16466/2020 in case N A41-69947/2019)

Court decisions

Violation of the terms of the supply agreement: how to get your money back
Cheating in a beauty salon

Dispute with LST Development LLC over unfinished construction in Yanino

Phone repair service paid 40,000 rubles for poor quality service

Re-payment for completed service failed

Let's go to peace: How diplomatic successes saved your wallet

Price tags

At the pharmacy, some of the drugs had no price tags, and some of the goods had a digital code instead of prices. Customers could check prices via an electronic device or at flip-up display stands.

The company was found to have violated the rules for the sale of goods and was fined 10 thousand rubles.

The seller objected: there are no requirements to place a price tag on each product. The courts have indicated that the price tag must be in close proximity.

However, in order to obtain information, it was necessary to remember the name of the product, move away from the display case, and enter it into an electronic device. While one client was looking for a price, another was waiting, since there was only one device. And the elderly might simply not know how to use it.

Transfer systems are also not an alternative to price tags. The client should immediately see the information, and not go to the stands. The AC of the Ural District agreed with the conclusions.

(Resolution of the Arbitration Court of the Ural District dated December 14, 2020 N F09-7789/20 in case N A60-15328/2020)

How are older people deceived?

According to the regulator, banks primarily sell complex investment products to older people. A citizen approaches a bank branch to open a deposit. The employee, under the pretext of higher interest and profitability, offers to take out a more profitable “deposit”: investment or savings life insurance. However, he is silent about the essential conditions and risks of these products.

Another form of deception is offering pensioners financial products from the securities market and the collective investment market that are not suitable for them.

At bank offices, pensioners who apply for opening/re-registration of a deposit are offered securities and financial instruments, as well as trust management services - within the framework of strategies with complex parameters for determining income, or that do not guarantee income and/or provide for long investment periods with the possibility of returning money to the client not in full in case of early closure of the product.

"Free" installation

The consumer was promised free installation when purchasing an air conditioner. However, the cash register receipt had 2 prices: for the product and for installation. The seller was fined 20 thousand rubles. for deceiving consumers.

The first instance canceled the fine. Judging by the non-fiscal receipt, they gave a discount on the product in the amount of the installation cost.

The appeal disagreed and held that the client was misled. She emphasized:

• there was no evidence that the consumer was given or shown a non-fiscal receipt at the time of purchase;
• it is not confirmed that the client was correctly familiarized with the terms of the promotion (for example, they were posted on information stands);
• The magistrate has already recovered from the seller the amount of the imposed installation service, compensation for moral damage and a consumer fine

(Resolution of the Nineteenth Arbitration Court of Appeal dated October 15, 2020 No. 19AP-4834/2020 in case No. A64-8429/2019)

Philosophical point of view

More clear lines were drawn here by philosophers who for centuries tried to understand the meaning of this concept. Particular attention is paid to this in the works of Immanuel Kant and Friedrich Nietzsche.

1. Kant believed that even a small lie can cause irreparable harm to a person, humiliate his dignity and undermine the authority of an individual.
2. Nietzsche held the opposite opinion, believing that the world cannot exist at all without lies, since they are inherent in people from the very beginning. All errors are initially the result of an assumption from a moral point of view. He believed that even all existing science is initially a delusion, since the whole world is one continuous lie, and therefore nothing can be true.

Application for repair

The client wanted to return the product for warranty repair and wrote the application by hand. The seller did not accept it. He insisted that the form must be signed in a certain form. The client did not agree and was denied repairs.

The administrative body fined the company 10 thousand rubles. for violation of trade rules. The courts confirmed that consumer rights were violated and the fine was legal.

(Resolution of the Arbitration Court of the North Caucasus District dated July 13, 2020 N F08-4840/2020 in case N A32-49201/2019)

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Where to complain about cheating

This kind of deception occurs in trade, in domestic and commercial services, in the provision of construction and any other services. When a fraud is detected, certain actions are taken that allow not only to file a complaint, but also to record evidence of fraud. But it is important to know where to file a claim.

In the shop

If the consumer suspects cheating, then they should figure out what is happening immediately - “without leaving the cash register.” To do this, the buyer requires:

• count the change without leaving the cash register and check the positions of the cash receipt with the purchased goods;
• in case of discrepancies, you should point them out to the cashier;
• if the latter claims that the goods passed through the checkout or the price tag was drawn up incorrectly, or that he received 500 rubles for payment, while the buyer gave 1000 rubles, the administrator must be immediately demanded;
• Arguments such as the fact that the consumer is delaying the queue cannot be taken into account. As soon as the buyer leaves the checkout, his relationship with the seller is considered over and it will be much more difficult to prove fraud;
• If there is a discrepancy between the amount on the check and the price paid, you should insist on recalculating the funds at the cash desk. During this procedure, the buyer has the right to be present;
• the consumer has the right to request a guest book and draw up a detailed report on what happened;
• If you receive threats from sellers or store security, you should announce your intention to call the police. If it was not possible to achieve a positive reaction from the staff, this is the action that needs to be performed;
• Another option is to call Rospotrebsoyuz. The organization's telephone number must be available in the Buyer's Corner.

The complaint in the book is considered for 2 days. Actions upon violation must be taken within 15 days. If after 2 weeks a note about the measures taken does not appear next to the complaint, you need to contact Rospotrebnadzor or the court with a statement of claim.

In housing and communal services

If the rent or services for water supply, heating, electricity, etc. are incorrectly calculated, you need to correctly file a claim:

• first of all, you should familiarize yourself in detail with the tariffs adopted in the region and once again analyze the payments;
• if the suspicion is confirmed, you need to draw up an application to the management company, where you point out errors in calculating the amount;
• within a period of 10 to 30 days, the chairman of the company is obliged to respond to the application. If this does not happen, the consumer prepares an official complaint about the housing and communal services charge and submits it to control and supervisory authorities, for example, to the State Housing Inspectorate;
• the complaint can also be sent to Rosoptrebnadzor;

If any of the listed organizations refuse to consider your complaint, you should contact the procurator. In this case, if the consumer is proven right, measures are taken in relation to both the management company and other organizations.

In the cafe

It is quite difficult to prove the fact of cheating in a cafe or restaurant. As a rule, the administration of an institution is influenced not by the possibility of proving fraud itself, but by the threat of various checks. The consumer is quite capable of achieving the latter:

• First, you should take a photo of the menu and the receipt brought by the waiter. If such a check includes dishes that the client did not order, the opposite can only be proven with the help of video surveillance data, if the establishment has the latter;
• If the items on the receipt match those ordered, but the price is indicated differently, the consumer has the right to demand a calculation based on the menu prices. Failure to comply with this requirement is a direct violation of the law;
• if the staff refuses to comply with this requirement and contacting the administrator did not lead to a positive result, the user has the right to request a review book and leave a complaint with a detailed description of the situation;
• It is recommended to record what is happening on a mobile phone in order to obtain evidentiary video material. For example, refusal to provide a guest book is already a serious violation;
• if within 2 weeks the administration has not responded to the fact of the complaint, the consumer contacts the OPP;
• a complaint about the billing is submitted to Rospotrebnadzor or the Sanitary and Epidemiological Station. The reason for contacting the latter is, of course, not a shortchange, but a complaint. For example, lack of markings on dishes, non-compliance with the dress code.

The application can also be sent to the prosecutor on the fact of violation of consumer rights. If necessary, the conclusion of the prosecutors can also be challenged in court and still bring the cafe to justice.

✔ Contact the prosecutor's office or Rospotrebnadzor?

The second step after filing a claim and there is no response from the seller is contacting the relevant authorities. You can file a complaint with the prosecutor's office or Rosotrebnadzor. Legally, both bodies have the right to initiate an inspection following a consumer complaint. But there are two things to consider:

1. Protecting the rights of buyers is part of the functions of Rospotrebnadzor, so the prosecutor’s office will simply forward your application there. Therefore, it is better to immediately contact Rospotrebnadzor to save time.
2. The decision on the obligation to compensate for damage caused can only be made by a court. Therefore, it should be borne in mind that if the seller does not express a desire to resolve the issue at this stage, neither the prosecutor's office nor Rospotrebnadzor will be able to force him to do so.

Thus, an appeal to each of these authorities is an attempt to pre-trial resolve the issue.

Customer Reviews

Gratitude from gr. Moskovchuk V.G. I express my deep gratitude to lawyer Denis Yuryevich for the consultation and bringing the case to its logical conclusion. Legal documents were drawn up very competently and sent to court. The case is won. Hooray!!! Thank you very much!

Plaintiff: Moskovchuk V. G.

Gratitude from N.A. Tomashpolskaya I would like to express my deep gratitude to Alexander Viktorovich Pavlyuchenko for his competent legal advice and sensitive, attentive attitude towards me, who found myself in a difficult situation.

Sincerely, Tomashpolskaya N.A. 07/01/18

Gratitude from Evgeniy N. I express my gratitude to Alexander Viktorovich Pavlyuchenko for the qualified management of my case, competent advice and informed decisions, which led to compensation for all claimed losses.

Sincerely, Evgeniy N., November 17, 2017

Gratitude from Alexey Shubakov Many thanks to Sergei Vyacheslavovich for the complete and detailed consultation. I have not encountered legal assistance before, but now, with a very favorable impression, I will definitely apply again in the future.

Shubakov Alexey 10/17/2018

Gratitude to Kavalyauskas V.A. from Astafieva A.S. I express my gratitude to the Legal Agency and in particular to lawyer Vasily Anatolyevich Kavaliauskas for the skillfully done work. Vasily Anatolyevich advised and prepared all the documents necessary for court proceedings. As a result of the consideration of the consumer rights case, the result and the high amount exceeded all my expectations. Thank you very much for your qualified work and professionalism.

Sincerely, Astafieva A.S., 03/01/2019

Review by Marcheilo I.V. On September 24, 2021, I turned to Konstantin Vasilievich for legal advice. I would like to express my gratitude for your sensitive, attentive attitude and qualified assistance. I received a comprehensive answer to all my questions. They helped a lot. Thank you! Sincerely, Marcheilo Irina Vladimirovna.

Gratitude from A.P. Sovenova and E.Ya. Komudina Dear lawyers!

Please accept our deep gratitude for your attention, professional approach and desire to help people. We especially want to highlight Dmitry Germanovich, Denis Yuryevich, Daria Valentinovna.

Best regards, A.P. Sovenov, E.Ya. Komudina

Gratitude from Plisetsky V.V. I would like to express my gratitude to Sergei Vyacheslavovich Mavrichev for his sensitive attitude and understanding towards clients. The issue was resolved within one day. I am very grateful to Sergei Vyacheslavovich.

Plisetsky V.V. October 19, 2018

Review by G.N. Antropova To the lawyer of the Legal Agency of St. Petersburg A.V. Ermakov

I express my gratitude to you for your professionalism in protecting my interests in a criminal case, Andrey Valerievich, allow me to express my gratitude to you for your help and support. I note your high professionalism and skillful actions in defending my positions.

Best regards, G.N. Antropov

Gratitude from gr. Tiuntsova G. A. I asked for advice from your “Legal Agency of St. Petersburg” - regarding deception by one person who presented himself as an employee of Rospotrebnadzor of the Krasnoselsky district, Novichkov A. A. Offered me a service - before the New Year, go on a tourist trade union voucher to Moscow on the Sapsan railway transport. I refused due to the manipulation of the placement of seats - in different trains, and then by car. Lawyer Sergei Vyacheslavovich Mavrichev handled this case and provided consultations. I thank you for such a sensitive and attentive attitude in office work, which was denied at the 58th police department of the Vyborg district, under Art. 24, 144, 145 of the Code of Criminal Procedure of the Russian Federation, I now have the right to appeal the conclusion and will send an application for further investigation to the district prosecutor's office.

Tiuntsov G. A.

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