Today, we can see that a consumer who makes a purchase at a local store receives an offer to join the company’s customer loyalty club and win publications and special deals. But what that consumer usually does not notice is the fine print accompanying the enrollment. Thus it turns out that many consumers found themselves receiving messages defined as advertising at a frequency inconsistent with their enrollment.
So What Can Be Done?
First, it should be noted that at the point of enrollment, there is an option to decline receiving mailings to the telephone number and/or the email inbox. If a claim is filed with the court, the defendant who sent the messages will have to prove that consent was given to receive the mailing, and in cases where the defendant has difficulty producing this proof, the presumption is that consent was not given.
Second, in the body of the message the sender must state overtly that this is an advertisement, while giving the recipient the possibility to remove himself from the distribution list. If the sender does not comply with the above instructions, this will reinforce the fact that he violated the provisions of the law.
Third, in cases where the recipient wishes to sue the sender, this can be done quickly by collecting the evidence and filing a statement of claim. There are nonprofit organizations and/or commercial entities that seek to do this on your behalf while taking a certain percentage of the claim. It should be taken into account that case law does not encourage the use of these entities, and it has been determined that resorting to them does not accord with the purpose of the law.
“Smoking is one of the leading causes of morbidity and mortality in Israel. It can be estimated that in 2016, about 8,000 Israelis died as a result of illness caused by smoking, of whom about 800 as a result of illness caused by exposure to forced smoking…”
“The Ministry of Health is currently formulating a comprehensive program to reduce smoking and its harms, which will include improving protection against exposure to forced smoking in public places and expanding the restrictions on smoking in various public places…”
In a report by the Knesset Information and Research Center, prepared on 16.2.2011, the harms of secondhand smoke are described at length:
Secondhand smoke is the smoke emitted from a cigarette, usually together with the direct smoke that the smoker exhales, and it is three to four times more toxic than direct smoke. More than 4,000 chemicals have been identified in tobacco smoke, at least 250 are known to be harmful, and more than 50 of them are carcinogenic. The pollution from smoking may reach levels much higher than pollution from other environmental toxins, such as vehicle emissions. Studies have shown that pollution levels from smoking in enclosed places are higher than those found near busy roads, closed garages and wildfires.
Secondhand smoke can spread between rooms in a building even if the doors of the smoking area are closed. The pollution remains for a long time after active smoking has ended, and it then clings to carpets, curtains, clothes, food, furniture and objects. These toxins may remain in a room for weeks and months, even if the windows are open or fans or air filters are used in it.
According to studies, any level of exposure to secondhand smoke is dangerous. Secondhand smoke causes about 600,000 deaths per year worldwide, about 31% of them among children and about 64% among women.
What Is the Compensation?
For each violation, the plaintiff can receive up to 1,000 NIS. For example, receiving 20 text messages can entitle the plaintiff to a total of 20,000 NIS. It should be noted that this amount is the maximum amount, and the court has the authority and discretion to determine the amount of compensation, subject to the law, its objectives, the circumstances of the case, and the good faith of the parties.
Thus it turns out that there are cases in which the court chose to award the plaintiff an amount of 150 NIS per message and up to 1,000 NIS per message. There are additional cases in which the court dismissed the claim and ruled that the plaintiff would pay the defendant’s legal costs.
It is important to note that this amount does not depend on the amount of damage caused to the plaintiff, and is defined as an amount without proof of damage.
How is a claim conducted in a civil proceeding in which a plaintiff seeks to realize his rights? In a civil proceeding, the plaintiff must prove his claim, that is, the plaintiff is obligated to persuade and bring evidence at a level exceeding 50%, in accordance with the ancient rule “the one who seeks to take from another bears the burden of proof.” Thus it turns out that in order to establish a civil claim, the plaintiff must prove that his claim is justified and that he is entitled to a remedy. And for our purposes, when you encounter this phenomenon, you must collect all the information and materials so that one day you will be able to sue for monetary compensation, without proof of damage.
The Amon Law Firm accompanies clients prior to engaging with a contractor, and assists by providing legal recommendations throughout the entire period of the engagement between the parties, and even thereafter. There is particular importance in not taking the matter lightly, and in the event of a crisis with the contractor, the manner of your response can be critical for the purpose of presenting arguments to the court.
