Unsubscribing to marketing SMS may be a "trap"
Regulatory authorities have taken a variety of measures to standardize corporate behavior and safeguard the legitimate rights and interests of users
With the development of instant messaging software, the number of people using mobile phone text messages is also decreasing. Some people ridicule that text messages have now become verification code receivers.
However, in addition to this, the text messages are also full of various marketing and promotional information, which is unbearable. What is even more puzzling is that it is like a "dogskin plaster" that can't be returned.
What is the reason behind this?
Is there a cure?
Is it true that the individual can only swallow his anger?
Broke the news
Unsubscribe more than 40 text messages in one go
But only one shows success
"Limited time price reduction, after 99, then 30" "Insufficient balance? Give you a 5 yuan recharge coupon" "Hello VIP, I sincerely invite you to participate in the 25th anniversary conference and receive a smart door lock worth 2680 yuan"...
Whenever they receive marketing text messages from various businesses, many people’s first reaction is that their information has been leaked. They have never subscribed to such services, but they always receive "harassing text messages."
Especially for obsessive-compulsive disorder, it is undoubtedly a kind of torture. Because you can't bear the existence of unread messages, you can open them one by one. Either block the number setting and block, or follow the "instructions" at the end of the message to reply "TD" "T" "N", "BK", etc. unsubscribe in exchange for permanent peace, but things are counterproductive. Before long, various promotional messages and event invitation text messages will make a comeback...
Mr. Li told the Beijing Youth Daily reporter that he would clear a wave of mobile phone text messages every once in a while, "Except for verification codes, most of them are marketing information. Unknowingly, they will accumulate a lot, which is too annoying. Interception is also It’s useless, some platforms will change the number to continue sending."
He said that he tried to unsubscribe and it didn't work. On May 31st, 41 unsubscribe messages were sent out. According to normal logic, the other party should reply "unsubscribe successful", "but the sent'TD, T' So far, there was no reply at all, and I don’t know if the unsubscription was successful." Mr. Li said that so far, he has only received a "unsubscribe successful" response from a bank’s marketing number.
Ms. Yang also has the same problem. There are hundreds of spam messages in the "harassment blocking" column of her text messages. On average, she receives 30 promotional messages from different numbers of the same merchant every month...
doubt
Why did you receive these text messages inexplicably?
Operators usually provide commercial short message services. The normal business behavior should be that the merchant push short messages through the channels provided by the operators, and short messages with numbers starting with "106" and "1069" will be displayed on the user's mobile phone.
This type of number operator currently adopts an approval system, and merchants must apply for number resources in order to perform SMS push.
Why can I receive these text messages without subscribing to related services?
Song Yubo, an associate professor at the School of Cyberspace Security of Southeast University, said: The first is that the user unintentionally subscribes but is not aware of it.
Many Internet platforms will use some relatively hidden methods to induce users to subscribe when users register or during their daily visits.
The second is the illegal operations of service providers, SMS marketing platforms or operators, which use loopholes in operator supervision or illegal operations of operators' internal personnel to add user subscription services.
The third is that the user's mobile phone information collected through illegal channels is sent through some short message mass-sending devices, which have hundreds of mobile phone cards built-in to avoid operator supervision.
Song Yubo added that there is another type of text message that is not used for commercial marketing, but to confirm whether it is a valid mobile phone number by enticing you to reply to unsubscribe.
Once the reply may be "trapped".
Song Yubo explained that there are some loopholes in the refund: for example, you can delay the unsubscription time, and you can unsubscribe after completing the number of promotional text messages required by the merchant; and the merchant can connect hundreds of For this channel, the user's unsubscription can only cancel the sending of one channel, and the merchant can continue to send promotional information from other channels.
"At present, operators can only supervise channel information, but cannot supervise the behavior of businesses."
Interpretation
Regulatory authorities have targeted regulations and penalties
"There is currently no mandatory response to unsubscribe success, so some merchants will provide a response, while some do not." He said that eradicating spam harassment is currently a world problem. The main reason for its proliferation is low cost and high profit. The penalty did not suffer too much.
Song Yubo emphasized that commercial SMS push itself is a legitimate business model, and there is also a lot of ambiguity in defining reasonable commercial SMS push or malicious spam SMS marketing.
As for third-party filtering software, although it can be blocked by setting filtering words, there is also the problem of blocking the short messages that users want to receive.
"I personally think that the national law enforcement level should be strengthened, and legislation and other means to effectively restrict the behavior of businesses may be the direction of problem solving."
It is understood that the Ministry of Industry and Information Technology, as a regulatory agency, has always attached great importance to the management of spam messages (or harassing calls), and has adopted a series of measures to standardize the market operations of information and communication companies, and maintain a good market order and the legitimate rights and interests of users.
The Internet Society of China was entrusted by the Ministry of Industry and Information Technology to set up the 12321 Network Bad and Spam Report Acceptance Center (hereinafter referred to as the 12321 Acceptance Center), which is responsible for assisting the Ministry of Industry and Information Technology to undertake various forms of information and communication networks such as the Internet, mobile phone networks, and fixed phone networks. And the handling of complaints, investigation and analysis, and investigation of bad and spam information in the telecommunications business.
A reporter from the Beijing Youth Daily found that on August 31, 2020, the "Administrative Regulations on Communication Short Messages and Voice Call Services (Consultation Draft)" (hereinafter referred to as the "Consultation Draft") issued by the Ministry of Industry and Information Technology contained regulations and Penalties.
It is mentioned that the short message service provider shall not change the use of the telecommunications network code number without authorization, shall not use the port used to send business management and service-type short messages to send commercial short messages, and shall not receive service management or service management to users without proper reasons. Service SMS is restricted.
The "Draft for Solicitation of Comments" also stated that in case of violation, the telecommunications management agency shall order corrections within a time limit according to its powers, give a warning, and may impose a fine of 10,000 yuan up to 30,000 yuan and announce to the public; if the circumstances are bad, the telecommunications business operation shall be revoked License and recycle the corresponding code number resources.
This group of articles/Photo courtesy of our reporter Song Xia/Visual China
Coordinator/Bailong
Case study
Litigation over marketing text messages
Man claims 1 yuan for mental damage
Unlike most people who choose to endure silently, some people take a bank to court for unsubscribed spam text messages.
In March 2017, Niu applied for a savings card at a bank in accordance with the entry requirements of his work unit.
In April of the same year, he stopped using the card after he resigned.
However, when the card was cancelled in September, it was found that the card was lost. Because the bank said that “without card cancellation requires a handling fee”, after consultation and agreement, the bank can operate without paying the handling fee and the cancellation can be automatically completed after two years of reporting the loss. , Niu immediately went through the “report of loss and never untie” business.
But he found that from August 2019 to February 2020, he began to receive multiple text messages from numbers starting with "1069". The information covered lottery quizzes, video memberships, fund management, downloading apps, and more.
During this period, Niu has repeatedly responded to unsubscribe text messages, went to the bank and counter managers to report, and dialed the customer service phone to complain, but could not stop receiving such messages.
Subsequently, Niu a paper complaint brought the bank to court. The court concluded that the bank’s behavior of sending marketing text messages to Niu after sending an unsubscribe text message invaded Niu’s private life and should be found to constitute an infringement of Niu’s privacy rights, and the bank should bear the corresponding legal consequences. . On April 7 this year, the first instance of the court ordered the bank to compensate Niu for a total of 1,147.88 yuan; to pay 1 yuan for mental damage.