How to Avoid Spam Filters: Rules for Legitimate SMS and Email Campaigns
For businesses, SMS and email marketing are key sales tools. However, legally, promotional messages sent via telecommunication channels are only permissible with the recipient's prior consent. Without such consent, these mailings become spam, risking complaints, fines, and reputational damage.
Let's explore how to attract clients without creating additional risks for your business.
What is considered "advertising"?
Advertising is information addressed to an indefinite circle of persons, distributed by any means, in any form, and using any medium, with the aim of attracting attention to the advertised object (Clause 1, Article 3 of Federal Law No. 38 "On Advertising" dated 13.03.2006 – hereinafter referred to as "the Advertising Law").
Important! Information is also considered advertising even when sent to a specific list of recipients. If a message does not clearly indicate it is personally addressed to a specific individual, then it is general, not individual, in nature (Paragraph 4, Article 3 of FAS Order No. 821/23 dated 14.11.2023).
Important! In practice, there are also cases where even a personal address to specific individuals (including their first and patronymic names) does not, by itself, affect whether the information conveyed to them is considered advertising (Decision of the Moscow FAS in case No. 077/05/18-6992/2020 dated 21.07.2020, Ruling of the Twentieth Arbitration Court of Appeal No. 20AP-2043/23 in case No. A62-7498/2022 dated 04.05.2023).
Examples of advertising include messages about discounts and promotions, invitations to webinars and events, and offers for new products or services.
Conditions for Lawful Sending of Promotional Messages via SMS and Email
The law operates on the general principle that advertising via telecommunication networks is permitted only with the prior consent of the subscriber or recipient (Part 1, Article 18 of the Federal Law "On Advertising", FAS Russia Letter No. AK/52901/19 dated 24.06.2019). This applies to SMS, calls, email messages, and other communication channels used to send promotional material.
Consequently, any mailing sent without such consent is considered spam.
Thus, the recipient's consent to receive advertising mailings is a mandatory condition. This consent can be expressed in any form, provided it:
allows identification of the person whose email address or phone number received the relevant promotional message;
confirms the explicit will to receive advertising from a specific advertiser (Clause 15 of the Plenum of the Supreme Arbitration Court of the Russian Federation Resolution No. 58 dated 08.10.2012).
Important! For businesses, such consent often seems like a mere formality, but legally, it is precisely what legitimizes sending promotional messages. Sending advertising to an email address without the recipient's consent is an unlawful act.
Liability for Sending Spam
The primary risk for businesses is administrative liability for violating advertising laws.
Sending promotional messages to individuals from whom prior consent has not been obtained (i.e., sending spam) incurs an administrative fine (Part 4.1, Article 14.3 of the Administrative Offenses Code of the Russian Federation) (Resolution of the Federal Antimonopoly Service Department for Sverdlovsk Region No. 066/04/14.3-1839/2025 dated 28.07.2025, Resolution of the Department No. 077/04/14.3-3997/2025 in case dated 10.04.2025).
For individuals: 10,000 – 20,000 rubles;
For officials: 20,000 – 100,000 rubles;
For legal entities: 300,000 – 1,000,000 rubles.
Additionally, the violator may be held civilly liable at the request of the person who received such spam. This liability includes compensation for damages, harm caused to the health of individuals and/or property of individuals or legal entities, and non-pecuniary loss (Part 1, Article 38 of the Federal Law "On Advertising").
Recommendations from the C Cases Team
Obtain separate consent for sending advertising messages:
Specifically indicate the communication channels through which advertising messages will be sent;
Specify the consent's validity period;
Indicate methods for withdrawing consent.
Obtain separate consent for personal data processing for the purpose of receiving advertising messages (or specify this purpose separately in the general consent for personal data processing).
Email addresses and subscriber numbers may be recognized as personal data if such information relates to a directly or indirectly identified or identifiable individual (Letter from the Ministry of Telecom and Mass Communications of Russia dated 07.07.2017 No. P11-15054-OG, Decision of the Arbitration Court of Voronezh Region dated 29.05.2023 in case No. A14-22861/2022).
Record and store proof of obtaining consent.
Conclusion
Promotional SMS and email campaigns remain an effective marketing tool for businesses in the goods and services market, but they are under close scrutiny by regulatory bodies and can often be a nuisance to potential customers. Recently, compliance with personal data protection and advertising laws is no longer a mere formality, but a necessary condition that will help entrepreneurs avoid financial losses and litigation.
Proper separation and formalization of consents for personal data processing and for receiving advertising, along with compliance with legally established requirements for the content and procedure for sending informational and advertising messages, are essential for the lawful use of advertising campaigns as a promotional tool.
If you need to establish or audit your advertising campaign system for compliance with advertising and personal data legislation, the C Cases team is ready to assist with a legal audit of current practices, preparation and updating of consents and internal regulations, and support in interactions with regulatory bodies.
Sources
- Federal Law No. 38 "On Advertising" dated 13.03.2006;
- Code of Administrative Offenses of the Russian Federation No. 195-FZ dated 30.12.2001;
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 58 dated 08.10.2012;
- Letter from the Federal Antimonopoly Service of Russia No. AK/52901/19 dated 24.06.2019;
- Resolution of the Office of the Federal Antimonopoly Service for Sverdlovsk Region No. 066/04/14.3-1839/2025 dated 28.07.2025;
- Order of the Department dated April 10, 2025, in case No. 077/04/14.3-3997/2025;
- Letter from the Ministry of Telecom and Mass Communications of Russia dated July 7, 2017, No. P11-15054-OG;
- Decision of the Arbitration Court of Voronezh Region dated May 29, 2023, in case No. A14-22861/2022.