MTN’s Unsolicited Messages Lead to Appeal Court’s N15 Million Fine
The Court of Appeal in Abuja has imposed a ₦15 million fine on MTN Nigeria Communications Limited for violating a customer’s privacy by sending unsolicited messages and activating caller tunes without consent.
The case was brought by Barrister Ezugwu Emmanuel Anene, who reported receiving numerous unsolicited text messages and services from MTN between July 2016 and March 2018.
Despite activating the Do Not Disturb (DND) option and lodging complaints with MTN’s customer care, the unsolicited communications persisted.
Initially, the High Court of the Federal Capital Territory awarded Anene ₦300,000 in general damages. Dissatisfied, Anene appealed for a higher compensation, while MTN cross-appealed, arguing that the initial award was excessive.
The Court of Appeal found that MTN’s actions caused Anene anxiety and constituted a breach of his right to privacy. The court noted that MTN likely profited substantially from such practices, potentially affecting millions of Nigerians.
Consequently, the appellate court increased the damages to ₦15 million and issued a perpetual injunction restraining MTN from sending unsolicited messages or imposing services without customer consent.
This judgment underscores the importance of consumer rights and data privacy, serving as a precedent for addressing unsolicited communications from service providers in Nigeria.