A subscriber of MTN has dragged the
telecommunications giant before the Accra High
Court to seek damages for a deceitful text message
it sent to his phone.
The plaintiff, Mr Francis Asiedu Agyemfra, is
seeking GH¢300,000 in damages for a deceitful text
message regarding MTN’s ‘Dream Big Xtreme
Promotion’.
The text message had said that he was to be
declared winner when the promotion had already
ended.
Text messages from MTN
In his statement of claim, Mr Agyemfra averred that
the deceitful text sent by MTN, which led to his
participation in the promotion, had caused him
“mental and psychological distress, loss of time,
money and effort, and injury to his feelings and
dignity”.
But MTN, in its statement of defence, said the text
that was sent to Mr Agyemfra “was as a result of a
computer glitch which was remedied immediately” it
came to its attention.
Mr Agyemfra is represented by Mr Ernest K. Danso,
while MTN is represented by Mr Samuel M. Codjoe.
In his statement, Mr Agyemfra said in December
2012, MTN mounted a competitive promotion it
named “MTN Dream Big Extreme Promotion”, in
which its subscribers, at their expense, were invited
to text answers to certain questions to stand the
chance of winning a grand prize of GH¢150,000.
MTN, in a bid to entice him to enter the promotion,
sent him a message that said MTN had shortlisted
his number to be able to win GH¢150,000 and that
he had to confirm it was his number by sending “ok”
to the short code “2020” to be in the shortlist to win.
Enticement to participate
The statement said the plaintiff obliged and thereby
participated in the competition until April 8, 2013,
when he received another message from MTN
concerning the promotion, saying: “Hey, we already
have your number in case we need to declare you
as the winner of the grand Prize of GH¢150,000. So
text MONEY to 2020”.
After sending that text, the statement said, the
plaintiff received a response from MTN that said,
“Thank you for participating in MTN Dream Big
Xtreme. Please note that the promotion ended on
April 7, 2013! For winners’ list, kindly visit:
mtn.com.gh.”
“Despite the fact that the defendant had informed
the plaintiff that the promotion had ended on April 7,
2013, the defendant, on April 8, 2013 continued to
send messages regarding the promotion to the
plaintiff,” it said.
New Ghana millionaire?
The next message that came, according to the
statement, was that he was about to become the
new “Ghana Millionaire”, to: “What are you feeling
right now that you are about to become the new
Ghana Millionaire? 1=Nervous or 2=Happy? Text to
2020 and WIN!!!” to which he texted 2.
It said other enticing text messages were sent to
him, which he responded in his honest expectation
and belief that he was going to be declared the
winner of the grand prize of GH¢150,000 as he had
been made to believe by MTN.
The statement said the plaintiff, therefore, informed
his family members and friends of his upcoming
grand prize.
It said later a newspaper publication had informed
the plaintiff that another person had been declared
the winner of the competition, adding that MTN had
led him by a ruse to believe that he was about to
win the ultimate prize.
The statement contended that he subsequently
wrote a letter to MTN to protest its deceitful
conduct, to which it responded, saying it had
refunded the GH¢3.75 being the cost incurred by
him and promised to credit him with GH¢100
airtime for any inconvenience caused.
“The plaintiff considers the crediting of GH¢100 by
the defendant to him as woefully inadequate for the
damage he suffered as a result of the defendant’s
conduct,” it maintained.
MTN is credible
In its statement of defence, MTN contended that it
was a very reputable company with over
12,289,991 subscribers and accounting for over 50
per cent market share of the telecommunication
industry and was in no way exploiting customers.
Mr Agyemfra, it said, participated in the promotion
voluntarily and was not coerced.
It said Mr Agyemfra was aware and deemed to be
aware that with the promotion having ended on April
7, 2013, any text message that was sent to him in
respect of the promotion could only have been sent
to him by mistake.
The court is yet to fix a date for hearing.
Source: Graphic.com.gh
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