Marketing

New approaches to communicating with clients under Federal Law No. 41

New approaches to communicating with clients under Federal Law No. 41 / Skillbox Media

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On June 1, Federal Law No. 41-FZ, which is often colloquially referred to as the anti-fraud law, came into effect. This law significantly transforms approaches to interacting with users.

The law includes many provisions. In this article, the Skillbox Media Marketing team analyzed the key changes. We will share with you:

  • The reasons why WhatsApp, Telegram, and Viber can no longer be used in business are explained by several factors. Firstly, these platforms are often criticized for insufficient protection of user data and a lack of transparency in information processing. Secondly, companies may face legal and regulatory restrictions associated with using messaging apps for commercial purposes. Furthermore, it can be difficult for businesses to monitor customer interactions on such platforms, leading to risks of information leakage and ineffective communication. As a result, many organizations prefer more secure and specialized tools for business correspondence.
  • The reasons why mass calling has become more difficult are varied. Firstly, stricter rules and regulations regarding telephone communications make such actions more complex. Legislation in a number of countries has become stricter regarding invasion of privacy, limiting the possibility of making mass calls.

    Furthermore, increased consumer awareness of their rights also plays a role. People have become more wary of unwanted calls and are increasingly using number blocking features. As a result, companies face greater difficulties in reaching their audiences.

    It is also worth noting that modern technologies and software for call automation have become more complex and expensive to use. This creates additional obstacles for organizations wishing to conduct mass communications. This combination of factors makes mass calling less effective and more resource-intensive.

  • Why and how should you label calls and text messages?
  • The reasons why the outdated rules of the game with corporate numbers have become irrelevant are quite varied. Firstly, market dynamics and technologies are rapidly changing, making previous approaches ineffective. Modern companies face new challenges that require adaptation and flexibility that old rules cannot provide.

    Secondly, consumer demands have also changed. People today expect more personalized and faster service, which is not always possible using traditional corporate structures. Consequently, companies must reconsider their strategies to meet these new expectations.

    Furthermore, the development of digital technologies and social media has significantly changed the way we interact with customers. Now companies can communicate directly with their target audience, allowing them to respond more effectively to customer needs and preferences.

    Finally, competition in the market has become significantly fiercer. Organizations that continue to use outdated methods risk falling behind more adaptive and innovative competitors. As a result, the need to review and update the rules of the game with corporate numbers is becoming increasingly obvious.

Ban on WhatsApp, Telegram, and Viber: exceptions for some users

Starting June 1, 2025, some organizations will be required to stop using foreign messengers to interact with customers. The list of these messengers includes nine applications: Telegram, WhatsApp, Viber, Discord, Snapchat, Microsoft Teams, Threema, WeChat, and even Skype, which is no longer functioning.

Not all organizations fall under this restriction. The ban primarily applies to large companies, as well as enterprises in certain industries. In this legislation, large companies are defined as:

  • Web resources, pages, and platforms that attract more than 500,000 visitors daily;
  • Internet platforms with a customer base exceeding 100,000 users.

Regardless of the number of users and the size of the customer base, foreign messengers are not allowed to be used by organizations such as government agencies, financial institutions (both credit and non-credit), companies in which the Russian Federation's shareholding exceeds 50%, telecom operators, social networks, participants in the national payment system, classifieds platforms, marketplaces, and aggregators providing information on goods and services.

Even people who are not at risk should consider switching to domestic messengers. Government agencies are strengthening control over communications with clients. Although this does not yet apply to everyone, it is only a matter of time before this changes. If your business is related to B2C, fintech, or involves handling sensitive data, you will likely be affected. It's important to understand that switching to a "Russian-style" approach won't be possible overnight. Therefore, it would be wise to begin preparing in advance.

Anton Kartsev is the creator of the AlarmCRM integration platform.

All types of individual communications are prohibited. Karina Margaryan, IT and IP lawyer at RTM Group, explains: "This ban covers any situations where an organization communicates with a client via foreign messengers. This includes personal messages from a manager to a user, notifications, order status updates via chatbots, and providing technical support. For example, VTB and PSB have already announced they will no longer inform their clients via chatbots on Telegram."

Karina Margaryan asserts that posting on a company's Telegram channel is not a violation. She emphasizes that messages in such channels and groups are not classified as personal correspondence.

According to information provided by Karina Margaryan, companies may be held liable for violating the ban under Article 13.11.2 of the Code of Administrative Offenses of the Russian Federation. The fines are as follows:

  • For government officials, the fine ranges from 30,000 to 50,000 rubles.
  • An amount ranging from 100,000 to 700,000 rubles is intended for organizations.

Furthermore, if a company ignores the ban on the use of foreign instant messengers for communication, there is a risk that Roskomnadzor may block its accounts.

There are already examples of fines. In April 2025, a court in Russia punished a financial institution for the first time for using WhatsApp to transmit a client's personal information. As a result, the bank was fined 200,000 rubles.

Ban on mass automated calls without subscriber consent

Starting June 1, 2025, a ban on "mass and (or) automated telephone calls" to subscribers who have not provided their consent will be introduced. This means that even a call automatically notifying the client of the courier's arrival time may be illegal.

While the market awaits the emergence of new regulations that will clarify what exactly is meant by mass calls and how to properly obtain consent from subscribers, notes Karina Margaryan, IT and IP lawyer at RTM Group. However, it is already clear that obtaining consent requires:

  • the subscriber's identity to be unconditionally established—that is, ensuring the ability to determine their individuality;
  • the subscriber's intent must be reliably determined, that is, their willingness to receive calls must be reliably confirmed.

"At the moment, it is not yet entirely clear how this will be implemented in reality. However, based on the analogy with consents requested for the processing of personal information and for sending advertising materials, I assume that consent for mass calls should also be formalized separately. This means that it should not be included in other documents,” Karina shares her opinion.

It can be hypothesized that consent can be obtained from a subscriber in the following ways:

  • via a special form on the website - the user ticks the required field;
  • via SMS - the client enters a unique code, which serves as confirmation of his consent;
  • In an offline format, the client provides his consent by signing a separate document on paper.

“The text of the consent should clearly indicate the mass nature of the calls and not mix them with advertising mailings. Otherwise, it will be difficult to confirm that consent was obtained specifically for mass calls,” notes Karina.

Law 41-FZ, of course, remains important in modern conditions, since the level of digital fraud continues to increase, and there is a need to develop effective means to combat this threat. This regulation offers clear benefits for individuals.

As for businesses, the law raises certain concerns, especially in the context of restrictions on the use of foreign messaging apps and mass calls—these tools play a significant role in sales. It will undoubtedly have a negative impact on organizations working in B2C marketing, as well as those engaged in outbound calling and lead generation.

The number of lawyers auditing organizations for compliance with this law, along with the already familiar 152-FZ, will increase.

Artur Garayev, CEO of Garpun Software, works in the field of information technology and is engaged in entrepreneurship in this area.

Violation of this prohibition may entail an administrative fine in accordance with Article 14.3 of the Code of Administrative Offenses of the Russian Federation.

  • citizens, such as sole proprietors, can expect amounts in the range of 10 to 20 thousand rubles;
  • from 20 to 100 thousand rubles - for officials, such as managers;
  • for legal entities in the range of 300 thousand to 1 million rubles.

The Federal Antimonopoly Service (FAS) has the right to initiate the imposition of fines. If a user who received an automated call decides to file a complaint with the FAS, the company will have to provide evidence that they received the client's consent to such calls.

Starting September 1, 2025, subscribers will be able to officially opt out of receiving advertising calls and SMS messages by submitting a corresponding request to their telecom operator. As a result, companies will not have the right to call or send messages to such users for the purpose of advertising their goods or services.

Labeling of all calls and messages for users

Starting September 1, 2025, telecom companies are required to provide subscribers with data on who initiated the call. In turn, businesses will be required to transfer to operators the information necessary for such identification.

Currently, voluntary labeling is possible, but a fee must be paid for this service. In the future, it is expected that operators will be required to label calls free of charge.

Karina Margaryan, IT and IP lawyer at RTM Group, reports that implementation details, methods for transmitting data to operators, the labeling format, and other conditions will be clarified later. However, a draft resolution is already available that provides a general idea of ​​​​the operating principles of this system.

According to the proposed draft resolution, companies will be required to sign an agreement with the telecom operator to display information to the subscriber receiving the phone call. This agreement will require the identification of call types, numbers belonging to the business, and information about the business itself. Such data includes, for example, OKVED codes, information from the Unified State Register of Real Estate (EGRN) or Unified State Register of Individual Entrepreneurs (EGRNIP), the full and abbreviated name, as well as a trademark registration certificate, if any.

According to Karina Margaryan, the operator will provide the user with the company name, call type, and some additional information. However, the text should not exceed 32 characters.

A total of 38 categories of calls are available in the draft resolution. Businesses will be required to choose one or more of them. Screenshot: regulation.gov.ru / Skillbox Media

Currently, the law does not provide for penalties for failure to comply with regulations regarding the labeling of telephone calls. Karina Margaryan suggests that the penalties could be comparable to those applied for spam calls. According to Part 4.1 of Article 14.3 of the Code of Administrative Offenses of the Russian Federation, it looks like this:

  • The amount ranges from 10 to 20 thousand rubles for individuals.
  • For government employees, the amount ranges from 20 to 100 thousand rubles.
  • The amount varies from 300 thousand to one million rubles for companies.

The Federal Antimonopoly Service (FAS) may initiate the procedure for imposing a fine if a citizen files a complaint about a phone call that was not properly identified.

I believe that the introduction of mandatory call labeling may lead to an increase in tariffs for communications and financial services. This law will create an additional financial burden for the banking and financial industries.

The main advantage of Federal Law No. 41 is its ability to initiate the development of more secure software and enhance user protection, although its practical implementation will be crucial for a definitive assessment of its effectiveness. On the other hand, there are also disadvantages associated with communication disruptions, as well as the fact that new processes and schemes may be unfamiliar to all participants—both businesses and users—which will require time to adapt.

However, it is necessary to adapt to these changes. What is happening is a clear transition to a different reality, where the old order of things will no longer persist.

What to do? I recommend considering outsourcing IT legal specialists, intellectual property lawyers, as well as IT professionals and project managers who can quickly adapt processes.

Elena Melnik is the CEO and founder of the marketing and branding agency EM Studio.

Prohibition on transferring phone numbers between employees

From September 1, 2025, the transfer of subscriber numbers will be prohibited. Exceptions are cases when individuals can transfer their numbers only to close relatives and family members, including spouses, parents, children, and siblings.

According to Karina Margaryan, an IT and IP lawyer from RTM Group, this means that employees will not be able to freely share their colleagues' phone numbers. If a phone number belongs to a manager, it is advisable that only they interact with clients using this number.

It will not be possible to register a corporate number so that all employees can use it for communication. Starting January 1, 2025, all corporate numbers must be registered through the Gosuslugi platform, and it is necessary to indicate which employee is responsible for each of them.

Currently, specific penalties for violating this prohibition have not been established. It is only known that liability will be imposed on the owners of the subscriber numbers, notes Karina Margaryan.

According to Federal Law 41-FZ, a new state system is planned to be launched in Russia on March 1, 2026 – an anti-fraud platform created by the Ministry of Digital Development. This platform will collect information on phone numbers used in fraudulent activities. However, the details of the platform's operation and the methods for its integration with businesses remain unclear at this time.

On March 1, 2026, a new state system—an anti-fraud platform—will begin operating in Russia. The Ministry of Digital Development, Communications, and Mass Media has been tasked with developing it. This initiative, enshrined in Federal Law No. 41, aims to consolidate information on numbers used in fraudulent activities. However, it is currently unclear how the platform will operate and how businesses will be able to interact with it.

Key Aspects of Updates to the Rules for Interaction with Clients

  • The use of foreign messengers, such as Telegram and WhatsApp, for personal correspondence is prohibited. Currently, the restrictions apply to organizations with a client base of over 100,000 users, as well as projects with a daily audience of over 500,000 people and companies from certain sectors, including banks.
  • It is prohibited to make mass calls without the prior consent of subscribers. Permission for such calls must be obtained in such a way as to clearly identify the user and confirm that they have given consent to mass calls.
  • In order to label calls and messages, you must enter into an agreement with the telecom operator and provide them with information about your company. The operator, in turn, will send a text to users' mobile devices, which can consist of 32 characters, including the name of the company, its category and additional information.
  • The same number should not be distributed among several employees; Even if it's a corporate phone, only one person should be responsible for it.

You can find additional information about the rules governing marketing in other materials from Skillbox Media.

  • The law requiring a 3% tax on advertising revenue has already come into effect. Here are the main points to consider.
  • If your page already has 10,000 subscribers, it's important to take steps to prevent it from being blocked. First of all, you should carefully read the rules and policies of the platform on which you manage your page. This will help you avoid violations that could lead to sanctions.

    Regularly publish original content that doesn't infringe copyright and doesn't contain prohibited materials. Monitor your audience's reactions and try to avoid spam, as too many similar messages can displease both users and the platform's algorithms.

    It is also recommended to maintain active interaction with subscribers: respond to comments and messages, conduct polls and discussions. This will help create a positive atmosphere around your page and reduce the likelihood of it being blocked.

    Finally, be careful with sponsored posts and collaborations with other pages. Make sure all partners comply with the platform's rules. Following these guidelines will help you preserve your page and continue to grow your community.

  • Advertising Regulation: How Marketers Properly Engage with Customers Through Calls, Emails, and SMS.
  • Personal Information in Digital Marketing: A Comprehensive Guide and Sample Documents.
  • Advertising Labeling: Important Considerations for Marketers, Entrepreneurs, and Performers.