The Supreme Court of Russia has ruled that entrepreneurs are responsible for monitoring service offers made on their behalf online. This decision reverses previous court rulings and places the onus on businesses to ensure accurate representation of their services on the internet.

The case involved a Moscow resident who sought repairs for her computer through a service center found online. The woman arranged for a courier to pick up the device, receiving a contract and receipt. However, the computer was allegedly disposed of instead of being repaired.

The woman sued the service center, but the company denied receiving the computer or employing the courier, claiming the contract was fraudulent. Lower courts initially sided with the company, deeming the contract invalid.

The Supreme Court, however, focused on the fact that the woman found the service through a website bearing the same name as the defendant company. The site included the company’s legal information, service advertisements, and contact details. The courier identified himself as a company employee and provided documentation, leading the woman to believe she was dealing directly with the defendant.

The Supreme Court criticized the lower courts for failing to investigate the website’s ownership and analyze communication between the plaintiff and the service center. The court emphasized that because the services were offered in the defendant’s name, the responsibility to disprove ownership of the website, phone number, address, and registration details fell on the company.

By shifting the burden of proof onto the plaintiff, the lower courts disadvantaged the consumer, who lacked the means to verify the legitimacy of the online offer.

The Supreme Court concluded that companies operating in the professional market must actively monitor online representations of their services. The case has been sent back to the court of first instance for a new trial.