ODPC COMPLAINT NO. 1673 OF 2024
1. Introduction
This case involves allegations of unsolicited marketing communications by Platinum Credit Limited despite explicit objections from the Complainant.
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2. Nature of Complaint
The Complainant alleged receiving persistent unsolicited loan marketing messages and calls from the Respondent’s agents despite multiple requests to stop and formal complaints.
3. Analysis of Evidence
Complainant’s Position
- Provided screenshots of unsolicited marketing messages and call logs
- Submitted emails showing requests to stop communications
- Continued receiving calls even after filing complaint with ODPC
- Provided business card of Respondent’s agent who contacted him
- Sought KES 1,000,000 compensation for distress
Respondent’s Defense
- Initially denied any association with the contacting agents
- Later admitted agent acted improperly but claimed she was terminated
- Internal emails revealed admissions of agent misconduct
- Failed to provide proper opt-out mechanisms in messages
- No evidence of consent obtained for marketing communications
4. Issues for Determination
- Whether the Respondent fulfilled its obligations under the Data Protection Act
- Whether there was a violation of the Complainant’s rights
- Whether the Complainant is entitled to remedies
5. Final Determination
- The Respondent was found liable for:
- Unlawful processing of personal data
- Violating right to object to processing
- Violating right of erasure
- An Enforcement Notice was issued against the Respondent
- The Respondent was ordered to pay KES 900,000 compensation
- Parties retain right to appeal within 30 days
6. Significance and Impact
Marketing Compliance
- Reinforces requirement for explicit consent before marketing communications
- Mandates effective opt-out mechanisms in all marketing messages
Agent Accountability
- Confirms data controllers remain liable for agent actions
- Requires proper training and supervision of sales agents
Consumer Rights
- Strengthens protections against persistent marketing after objection
- Sets precedent for substantial compensation in harassment cases
Broader Impact: This ruling establishes clear consequences for financial institutions that engage in aggressive marketing practices without proper consent mechanisms in Kenya.
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