Unwanted promotional messages can be frustrating, especially if you never consented to them or actively opted out. In Kenya, such communications are regulated by the Consumer Protection Act and the Data Protection Act, which protect consumers from unauthorized marketing practices.
Recently, the Office of the Data Protection Commissioner (ODPC) directed Wananchi Group Limited, known as Zuku, to compensate a Kenyan Ksh500,000 for repeatedly sending promotional messages despite the individual having ceased being a client years ago.
As a customer, you should be aware that you have the right to take legal action against a company that persists in sending you unwanted promotional messages without your consent.
This article will walk you through the steps to stop them, from filing a complaint with the Competition Authority of Kenya (CAK) to pursuing legal action in court if necessary.
1. Gather Evidence
Before pursuing legal action, it is crucial to gather strong evidence to support your case. This includes:
•Screenshots of the messages – Ensure they clearly show the sender’s number, message content, and timestamps.
•Unsubscribe attempts – Keep records of any efforts to opt out, such as replying with “STOP,” using an unsubscribe link, or contacting customer support.
•Call logs or emails – If you contacted the company asking them to stop sending messages, document their response or lack thereof.
2. Confirm Your Consent Status
Verify whether you ever consented to receive marketing messages from the company. Your case will be stronger if you never gave explicit permission or if the company continued sending messages despite you opting out.
3. Contact the Company Directly
Contact the company directly and formally request that they stop sending you promotional messages. You can do this via email, phone, or social media. If they ignore or refuse your request, you have the right to escalate the issue by filing a formal complaint with the CAK or pursuing legal action.
4. Filing a Complaint with the Competition Authority of Kenya (CAK)
If the company continues to send promotional messages despite your request, file an official complaint with CAK which oversees consumer rights and regulates marketing practices.
To file a CAK Complaint, you are required to:
•Download the complaint form on the CAK website and access the consumer complaint form.
• Fill out your personal details, the company’s information, and describe the issue, including evidence of the unsolicited messages.
•Submit the completed complaint through CAK’s official channels , via email, online portal, or in-person submission.
The CAK will investigate and may mediate a resolution between you and the company.
5. Take Legal Action if Necessary
If CAK intervention does not resolve the issue, you may proceed with legal action.
Seek advice from a lawyer specializing in consumer protection law in Kenya. They will help determine whether the company violated privacy or consumer rights laws.
If necessary, your lawyer can initiate legal proceedings, seeking damages for privacy violations and unauthorized use of your personal data.
Taking legal action against a company for sending unwanted promotional messages is your right as a consumer in Kenya. By following the proper steps you can hold businesses accountable for violating your privacy. If you face persistent violations, seeking legal advice can help you explore further remedies, including compensation for any harm caused.
