National
MTN sued over unsolicited SMS
Publish Date: Jul 16, 2014
MTN sued over unsolicited SMS
Phone users have complained to telecom companies and industry regulator Uganda Communications Commission (UCC) in the past about unsolicited texts.
  • mail
  • img
newvision

By Andante Okanya

A lawyer has dragged telecom operator MTN Uganda Limited to court accusing it of sending him unsolicited SMS (short message service) texts containing adverts.

On June 7, Magelah Peter Gwayaka filed his civil suit at Nakawa Court in Kampala through Isaac Ssemakadde of Centre for Legal Aid.

He wants MTN permanently restrained from sending him the unsolicited texts. The lawyer also wants court to condemn MTN to costs, and also award him damages.

Gwayaka states that he is a registered owner of a SIM-card issued by MTN. He is seeking a court pronouncement that sending unsolicited SMS texts is a violation of his rights.

Gwayaka contends that despite numerous requests and complaints he has sent to the company, all has been in vain, straining his communication equipment.

“The plaintiff contends and avers that handling the enormous volume of unsolicited SMS advertisements sent to the plaintiff by the defendant on a frequent and regular basis places a tremendous burden on the plaintiff and his communications equipment,” the plaint states in part.

The lawyer holds the telecom company in breach of Uganda’s laws, citing Section 26 of the Electronic Transactions Act and Sections 16 and 25 of the Computer Misuse Act.

Gwayaka accuses MTN of mistreatment, saying it is ironical since he is a valued and loyal customer. 

The lawyer states that the texts are sent without giving him an option to cancel subscription on the mailing list.

He states that prior to filing the suit, he extended an olive branch to MTN to find an amicable settlement but that the gesture was snubbed. 

Court has summoned MTN to file its defence within 15 days from the date of receipt of the court summons. In the summons dated July 11, 2014, the telecom is expected to heed, lest judgment is passed without its input. 

On Tuesday, when New Vision sought a comment from MTN corporate affairs manager Justina Ntabgoba-Kayemba, on whether the company had received court summons, she stated that she was not aware of such a suit.

“I am not aware of such a suit. I will have to check with the legal department,” she stated.

Related stories

Telecoms banned from sending junk SMS

Minister tasks UCC on telecom services quality

China detains 1,500 in text spam crackdown

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
WHO eyes mass Ebola vaccines by mid-2015
Hundreds of thousands of Ebola vaccine doses could be rolled out to west Africa by the middle of 2015, the World Health Organization said Friday, after new cases of the virus were reported in New York and Mali....
KCCA demolishes structures in Wandegeya
Kampala Capital City Authority (KCCA) has demolished several illegal structures in Wandegeya in an operation which lasted for close to five hours....
Army chief urges youth on hard work
The Chief of Defence Forces, Gen. Katumba Wamala, has cautioned the youth against impatience urging them to devote their energies to productive activities. He said most youth spend time watching movies which have given them an illusion of a rather glamorous life...
Rakai launches campaign against teenage pregnancies
Rakai district has partnered with local charities to end child marriages. This follows reports of an increase in the rate of school dropout among girls.According to the Abubeker Lutaya, the Rakai district schools’ inspector, child marriages have contributed to girl child school dropout...
US Embassy empowers Kampala youth
Sports betting and gambling are fast becoming a serious challenge to youth employment in Kampala City since majority of losers in betting resort to crime including robbing and hitting people with iron bars....
‘Jamwa did not cause any financial loss to NSSF’
City lawyer Fred Mpanga has asked the Court of Appeal to acquit former NSSF managing director David Chandi Jamwa of abuse of office and causing financial loss....
Should diplomatic passports issued to ex-govt workers be with drawn?
Yes
No
Can't Say
follow us
subscribe to our news letter