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
About 100 people massacred in DR Congo last week: MPs
About 100 people were slaughtered last week in the east of the Democratic Republic of Congo, the latest massacre to shake the restive region, regional deputies told AFP on Monday....
Uganda Road Fund wants efficiency in roads maintenance
The financial accountability guidelines are affecting the maintenance of roads and Uganda needs to emulate its neighbors if the Uganda Road Fund (URF) is to efficiently be managed.Engineer Michael Odongo, the URF executive director said that the Ethiopian and Kenya road funds which have been in exi...
Who will finally stop Kinawataka destruction?
Can decisions by the Cabinet and Parliament about the environment be ignored? The continued destruction of Kinawataka swamp in Banda, Kampala suggests they can....
City floods: body of woman who drowned found
The body of Irene Nakato, who slipped and fell into one of the secondary channels in Kawempe, has been found after a long search, KCCA has said....
Elderly defiler asks for lenient term saying he is
A traditional healer, sentenced to 15 years in jail for defiling a nine-year-old girl, has asked for a lenient jail term, saying he is now impotent....
A call to expedite Bill on legal aid provision
Government has been urged to fast-track the passing of the National Legal Aid Policy and Bill into law to help regularize the activities of legal aid providers....
Should workers be subjected to a 4% Health Insurance Tax??
Yes
No
Can't Say
follow us
subscribe to our news letter