What Is a “Professional Consumer”?
“Professional consumer” is an informal term for someone who systematically identifies violations by companies and files complaints or claims with the aim of receiving compensation. This is not unlawful in itself: the Law on Consumer Rights Protection genuinely grants consumers broad entitlements.
However, certain schemes sit on the border of abuse of process:
- Subscribing through a form that simultaneously constitutes consent to something else (for example, processing personal data for marketing purposes).
- Receiving a few promotional messages beyond what was stated.
- Filing a demand for compensation under Federal Law No. 152-FZ “On Personal Data” or the Law on Advertising.
These schemes have a trap-like quality and are often used serially — the same individuals file dozens of identical claims against different companies.
The Legal Bases for Such Claims
Law on Advertising (Art. 18): sending SMS and email advertising requires the subscriber’s explicit prior consent. The absence of adequate consent is a violation.
Personal Data Law: processing personal data for marketing purposes without separate consent for those purposes is a violation.
Consumer Rights Law: misleading consumers or imposing services on them creates additional grounds for claims.
How Businesses Can Protect Themselves
Separate checkboxes. Do not combine consent to the terms of service and consent to marketing in a single checkbox. A separate, optional checkbox for marketing communications is the standard.
Consent log. Your CRM or mailing system should record: the date consent was obtained, the IP address, and the exact text of the form the user saw and confirmed.
Easy unsubscribe. Unsubscribing should be simple: an “Unsubscribe” button in every email. This reduces grounds for complaints and is itself a legal requirement.
Respond promptly to complaints. If a claim arrives — check your system for a consent record and reply in writing. A “professional litigant” often walks away at the first sign of a serious, evidence-backed response.
Track patterns. If the same individual files identical complaints — this signals a serial practice. Document it so you can demonstrate abuse of process in court if needed.
Read Also
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Received a complaint from a “professional consumer” about marketing communications? Contact us for a consultation — we will assess the merit of the claim and build your defence strategy.