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Legislation

Amendment No. 16 May Change How Class Actions Are Filed in Israel

An application to certify a class action for NIS 2.5 million was filed against the Yedidim volunteer organization over messages that included a greeting and a request for donations. No decision has yet been made on whether to certify the action as a class action, while the Knesset is advancing a requirement to first contact the alleged violator.

Key facts

  • •Amount of the claim: NIS 2.5 million
  • •Applicant: Amit Worgraft
  • •Respondent: Yedidim organization
  • •No decision has yet been made on the application to certify the class action
  • •Amendment No. 16 to the Class Actions Law
  • •The case number, court, and date are not specified in the source

The Dispute Over Yedidim’s Messages

The applicant, Amit Worgraft, previously received assistance from Yedidim and subsequently received a message that he claims was an advertisement sent without his consent. The application to certify the class action seeks NIS 2.5 million. The columnist argues that the cause of action was a single annual greeting ahead of Yom Kippur, but the applicant’s representative says messages were sent to more than one million people and cites, as an example, a recipient who received 11 messages over approximately two years.

The Parties’ Positions

Approximately 2,000 people informed the organizers of the campaign against the lawsuit that they do not want the proceeding to be conducted on their behalf; some are willing to state this in court. Worgraft responds that before applying to the court, he met with the organization’s CEO and sent two warnings, but the messages did not stop. He also claims that, in other cases, he acted to remedy violations and secure the return of millions of shekels unlawfully collected from the public.

What Is Happening in Court

The proceeding is at the stage of considering the application to certify the action as a class action. The court has not yet determined whether an appropriate class of plaintiffs exists and whether the proceeding can be conducted on its behalf. The case number, the name of the court, and the filing date of the application are not specified in the source.

The Substance of Amendment No. 16

Amendment No. 16 to the Class Actions Law was recently discussed by a Knesset committee. The provisions concerning small businesses and the requirement of prior notice were separated from the overall bill so they could be brought for second and third readings. Under the proposed approach, in appropriate cases, cessation of the violation would first be required, and only afterward would recourse to the court be permitted; the source does not confirm that the amendment has received final approval.

What this means for you

If the amendment is enacted in the form described, for certain violations the potential respondent may first receive a demand to remedy the situation, without the immediate filing of a class action. For recipients of unwanted messages, this may create an additional pre-litigation stage, but the article does not detail the final wording of the amendment or the scope of the cases to which it would apply.

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