The Abu Dhabi Family, Civil and Administrative Claims Court has ordered a bank marketing representative to pay Dh10,000 in compensation for repeatedly making nuisance calls to a man. The court dismissed the claim against the bank but held the employee solely responsible for harassment.
Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Claims Court has ordered a bank marketing representative to pay Dh10,000 in compensation to a man who was subjected to repeated nuisance calls promoting the bank’s financial products. In addition to the compensation, the court directed the employee to cover all court fees and legal expenses.
The ruling comes after the plaintiff complained of receiving multiple unsolicited calls, some of them late at night, from the bank representative. The persistent nature of the calls, coupled with their timing, led the man to file a criminal complaint against the marketer.
Following an investigation, prosecutors referred the matter to the criminal court, where the bank employee was convicted of harassment. The court found that the marketer’s actions had caused repeated disturbance and annoyance to the plaintiff, constituting a breach of personal privacy and peace.
Civil Suit Filed for Damages
In addition to the criminal proceedings, the plaintiff filed a separate civil lawsuit seeking Dh100,000 in compensation for both material and moral damages. The claim also included a request for 9 percent annual interest from the date of the initial filing.
The lawsuit named both the marketing representative and the bank as defendants, alleging joint responsibility for the harassment. The plaintiff argued that the bank was accountable for the conduct of its employee, as the calls were made in connection with promoting its products and services.
Court’s Decision
After reviewing the evidence, the court dismissed the claim against the bank, stating that there was insufficient proof of its direct involvement in or endorsement of the employee’s actions beyond his individual capacity. The court concluded that the harassment was the result of the marketer’s personal conduct and not a directive from the employer.
However, the court upheld the case against the individual representative. While it rejected the plaintiff’s demand for Dh100,000, it determined that Dh10,000 was an appropriate amount to compensate for the repeated annoyance and invasion of privacy caused by the calls. The judge also ordered the employee to bear the legal costs of the case.
Legal Significance
This ruling highlights the legal protections available in the UAE against unwanted and repeated telemarketing calls. Under UAE law, persistent unsolicited communication that causes annoyance or distress can constitute harassment, which is a punishable offence.
The judgment serves as a warning to individuals and businesses engaging in aggressive marketing practices that such behaviour can have legal and financial consequences. It also underscores the importance of respecting personal boundaries and obtaining consent before contacting individuals for promotional purposes.
Growing Concerns Over Nuisance Calls
Residents across the UAE have frequently raised concerns over nuisance calls, particularly those from telemarketers offering loans, credit cards, or investment opportunities. In recent years, authorities have implemented stricter regulations to curb such practices, including imposing fines on companies and individuals found to be engaging in unsolicited marketing without prior consent.
The Telecommunications and Digital Government Regulatory Authority (TDRA) has also urged residents to report unwanted marketing calls through official channels, enabling regulatory bodies to take action against offenders.
Conclusion
The case in Abu Dhabi sets a clear example of the legal recourse available to victims of nuisance calls and reinforces the UAE’s commitment to safeguarding the privacy and peace of its residents. With increasing public awareness and stronger enforcement, legal experts believe such rulings will help deter intrusive marketing practices and encourage more responsible customer outreach by businesses.
