The Supreme Court of the Russian Federation has ruled that businesses are responsible for monitoring and verifying the authenticity of websites offering services under their name, protecting consumers from online fraud. This decision arose from a case where a Moscow resident fell victim to fraudsters after seeking repairs for her all-in-one computer.

The woman found a website online with a name similar to that of her computer and contacted the service center. A courier was dispatched to collect the device, and she received a contract and receipt. However, the service center denied receiving the computer, claiming the courier was not affiliated with them and the contract was fake.

Lower courts initially sided with the repair company, invalidating the contract. The Supreme Court overturned these decisions, stating that courts must consider all available evidence and avoid a formalistic approach. They emphasized that the woman had no reason to doubt she was dealing with the legitimate service center, as the website and courier presented themselves as such.

The Supreme Court highlighted that the lower courts failed to investigate the service center’s ownership of the website or analyze the communication between the woman and the company. The court stated that the burden of proof should have been on the company to demonstrate that they did not own the website or phone number and to prove any discrepancies between their actual details and those displayed on the site.

The Supreme Court underscored that businesses, as professional market participants, have a duty to monitor online service offerings using their name. By shifting the burden of proof onto the consumer, the lower courts placed an unfair disadvantage on the plaintiff, who lacked the means to detect the fraudulent offer.

The case has been sent back to the court of first instance for a new trial.