Court Awards N3 Million Against Domino’s Pizza For Unlawful Use Of Customer Data In Marketing
The Federal High Court in Abuja has ordered Dominos Pizza, a restaurant chain owned and operated by Eat’n’Go, to pay ₦3 million in damages to a customer, Chukwunweike Araka Akosa, for using his personal data for direct marketing purposes without consent.
Justice Emeka Nwite ruled in favor of the applicant, Chukwunweike Araka Akosa, awarding him N3,000,000 (Three Million Naira) as compensation for the violation of his fundamental right to privacy. The court found that Domino’s Pizza had sent unsolicited marketing messages to Akosa’s phone without his consent, thereby breaching Section 37 of the Nigerian Constitution and Sections 25 and 26 of the Nigeria Data Protection Act, 2023.
The legal action stemmed from complaints filed through Paradigm Initiative’s Ripoti Platform, which supports individuals in seeking legal redress for digital rights violations.
In his ruling, Justice Nwite emphasized that the continued direct marketing messages sent to the applicant violated data processing laws and ordered Domino’s Pizza to permanently erase Akosa’s personal data from its systems. The court also issued a directive prohibiting the restaurant from sending further unsolicited marketing communications.
The case began on December 14, 2023, when Akosa noticed that Domino’s Pizza had been sending promotional messages to his phone. Despite not providing his data to the restaurant or consenting to its use for marketing, the messages continued. By May 25, 2024, the unsolicited messages had reached 16 instances.
Investigations revealed that Jumia Food, an e-commerce platform, initially collected Akosa’s personal data when he placed a food order. However, his data was later shared with Domino’s Pizza, which then used it for marketing purposes without his consent. Jumia, after being contacted, failed to resolve the issue, leading Akosa to seek legal redress through Equibridge Attorneys (EBA).
During the court proceedings, Jumia Food was identified as a data controller under Section 65 of the Nigeria Data Protection Act, 2023, which means it is responsible for ensuring lawful processing of user data. However, the court ruled that Jumia had fulfilled its duty by notifying Domino’s Pizza to cease the misuse of customer data. Since there was a written agreement between Jumia and Domino’s regarding such instances, Domino’s Pizza was held solely liable for the data breach.
Commenting on the judgment, Equibridge Attorneys (EBA) described the ruling as a major victory for digital rights and data privacy in Nigeria.
“The judgment sets a precedent for businesses to comply with lawful data processing requirements. It reinforces the importance of customer consent in data usage and serves as a warning to service providers who engage in unsolicited marketing practices.”
