We observed a new trend of certain loan companies in Nigeria sending unsolicited and/or defamatory messages to people on the contact list of persons who have borrowed money from them, which is in complete breach of the extant Data Protection Regulation.

Narrative

I recently received a message from Soko Lending Company Limited, requesting that I ask one of its client to repay a loan, and upon informing them that I neither knew their client nor was I aware of any such transaction, they admitted to getting my phone number from the contact list of their client. Shortly after, different friends began screenshotting and forwarding the same kind of messages to me, requesting for my advice including messages received from OTP Internet Technology Limited. I must confess that some of these messages were clearly defamatory in nature, they labeled the lending company’s client and their family as fraudsters. 

Breach

Failure of the lending company to obtain your consent before using your phone number to send unsolicited messages to you.

What Is the Implication?

These companies may be fined up to N10,000,000.00 (Ten Million Naira only) by virtue of the Nigeria Data Protection Regulation 2019, which requires that such companies seek and obtain your consent before the use of your phone numbers (data) to send you unsolicited messages.

For messages that are defamatory in nature, I advise that the defamed family contact a lawyer to advise them on the legal action to be taken to claim damages, against these companies. 

As we tackle the breach of Nigeria Data Protection Regulation, we hope these lending companies are in compliance with other laws that regulate their business including the Money Lending laws of various States, which requires that they be licensed.

Action Required

The only way to stop these companies from sending unsolicited and/or defamatory messages is by taking action, within the bounds of the law, against them.

We have submitted a petition to the National Information Technology Development Agency and we call on everyone who has experienced this or knows someone who has to kindly sign the online petition and send us a screen shot of all the messages sent by these companies about the debt or fraudulent nature of their client.

Please send all screen shots via e-mail to probono@nmaxlaw.com or WhatsApp to +234(0)809-036-3330.

Conclusion

Your action will help in putting an end to these contravening actions by ensuring that an Order is issued barring these company from continuing such actions and sanctioning these company.