Fair Deal Furniture Appeals KSh250,000 Fine Over Unsolicited Marketing Messages

The furniture franchise disputes the ODPC’s finding that it unlawfully used a customer’s phone number for promotional messages without consent. It argues that the complainant supplied his contact details voluntarily, never formally requested an opt-out, and failed to prove his alleged unsubscribe attempts.

Fair Deal Furniture Limited has challenged a KSh250,000 fine for sending unsolicited promotional messages to a customer without consent.

The furniture franchise appealed the decision by the Office of the Data Protection Commissioner (ODPC) in November 2025.

The regulator had found the company liable for unlawfully processing Richard Malelu’s personal data for commercial purposes.

In October 2025, Data Commissioner Immaculate Kassait ordered Fair Deal to compensate Malelu KSh250,000.

The determination followed a complaint over repeated promotional messages allegedly sent without his permission.

Unwanted Messages

Malelu told the ODPC that Fair Deal repeatedly sent him promotional messages without obtaining his explicit consent.

He further complained that the company’s unsubscribe mechanism was broken and ineffective.

According to Malelu, the faulty system prevented him from stopping the unwanted communications.

He maintained that the company continued sending promotional messages despite his attempts to object.

After investigating the complaint, Kassait found Fair Deal liable for violating data protection requirements.

She also issued an enforcement notice against the furniture franchise.

“In consideration of all the facts of the complaints, the evidence tendered, and the investigations conducted, the Data Commissioner makes the following determination,” Kassait stated.

She consequently ordered Fair Deal to compensate Malelu KSh250,000.

Fair Deal’s Defence

However, the furniture company has disputed the findings, arguing that the commissioner overlooked crucial evidence.

In its appeal, Fair Deal accused Kassait of failing to consider that Malelu supplied his details using a different name.

The company further argued that Malelu voluntarily provided his telephone number.

It maintained that receiving the number did not constitute an infringement of his privacy rights.

“The Data Protection Commissioner erred in law and in fact by failing to take into account the fact that the Respondent’s telephone number was supplied to the Appellant freely,” the appeal stated.

Fair Deal also challenged the finding that its use of Malelu’s mobile number was unlawful.

Disputed Unsubscribe

The franchise further argued that it never received a formal request from Malelu to remove his number.

It faulted the commissioner for allegedly overlooking evidence concerning the complainant’s claimed unsubscribe attempts.

Fair Deal specifically questioned the absence of supporting evidence for alleged emails and USSD requests.

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These reportedly involved the shortcode 4569# and the keyword STOP.

The company argued that Kassait failed to evaluate the evidence properly before reaching her determination.

Hearing Set

Fair Deal also challenged the KSh250,000 award, describing the compensation as excessive under the circumstances.

It wants the court to overturn the ODPC’s determination and the resulting compensation order.

The dispute came up for mention today before Justice Rodgers Atenya.

The judge scheduled the appeal for hearing in February before Justice Emmanuel Bitta.

The court will subsequently determine whether the ODPC properly assessed the complaint and evidence before imposing the fine.

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