News / National
Woman sues Telecel for US$50 000
22 Apr 2013 at 21:54hrs | Views
A Harare woman is suing mobile cellular company Telecel Zimbabwe for US$50 000 in damages for alleged wrongful intrusion of privacy.
Ms Maxine Mabuda claims the company's automatic service which tracks the availability of another person regardless of their network provider had inconvenienced her in that she
was called by people she did not want to communicate with for personal reasons.
"The defendant (Telecel) offers its subscribers a service that enables them to receive an automatic message the moment someone they have previously called and was unavailable becomes available or reachable.
The offending service works as follows.
A subcriber calls the desired number on any cellular network in Zimbabwe preceded by *141# with # after the desired number and when the desired number becomes available the defendants network (Telecel) sends a message informing subscribers that the number they were calling is now available," she claims.
She says the service is available regardless of whether the unavailable number is a Telecel number or that of another mobile service provider.
Ms Mabuda claims that in and around October and November last year she was a victim of the service as she received phone calls from people she did not want to communicate with due to personal reasons who were advised of her availability by the automatic service.
Through her lawyers Ziumbe and Partners she further argues that she would not have communicated with these people had it not been for the Telecel service which keeps constant contact of her availability.
"She therefore suffered undue harassment and annoyance.
"The service also constitutes a wrongful intrusion of the plaintiff's availability without her knowledge and or consent or that of Econet Wireless her mobile cellular service provider.
"As a result of the unlawful harassment annoyance and invasion of privacy the plaintiff has suffered damages in the sum of US$50 000," said Ms Mabuda's lawyers.
They also argue that despite demand dated on December 10 last year Telecel has failed/neglected or refused to stop tracking Ms Mabuda.
Ms Mabuda wants Telecel to pay the cost of the suit.
Through their lawyers C Kuhuni Attorneys, Telecel is opposing the application and the matter is expected to be heard when the High Court opens next month.
Ms Maxine Mabuda claims the company's automatic service which tracks the availability of another person regardless of their network provider had inconvenienced her in that she
was called by people she did not want to communicate with for personal reasons.
"The defendant (Telecel) offers its subscribers a service that enables them to receive an automatic message the moment someone they have previously called and was unavailable becomes available or reachable.
The offending service works as follows.
A subcriber calls the desired number on any cellular network in Zimbabwe preceded by *141# with # after the desired number and when the desired number becomes available the defendants network (Telecel) sends a message informing subscribers that the number they were calling is now available," she claims.
She says the service is available regardless of whether the unavailable number is a Telecel number or that of another mobile service provider.
Ms Mabuda claims that in and around October and November last year she was a victim of the service as she received phone calls from people she did not want to communicate with due to personal reasons who were advised of her availability by the automatic service.
Through her lawyers Ziumbe and Partners she further argues that she would not have communicated with these people had it not been for the Telecel service which keeps constant contact of her availability.
"She therefore suffered undue harassment and annoyance.
"The service also constitutes a wrongful intrusion of the plaintiff's availability without her knowledge and or consent or that of Econet Wireless her mobile cellular service provider.
"As a result of the unlawful harassment annoyance and invasion of privacy the plaintiff has suffered damages in the sum of US$50 000," said Ms Mabuda's lawyers.
They also argue that despite demand dated on December 10 last year Telecel has failed/neglected or refused to stop tracking Ms Mabuda.
Ms Mabuda wants Telecel to pay the cost of the suit.
Through their lawyers C Kuhuni Attorneys, Telecel is opposing the application and the matter is expected to be heard when the High Court opens next month.
Source - TH
