In the modern world of consumerism, companies and large and small entities frequently hit groups of customers (accidentally or intentionally) in various contexts: information security, illegal collection, debts due to bankruptcy, and many other cases. In these cases, it is not advisable to file a private claim because of the costs and inconvenience involved in conducting a legal proceeding. When an injury is made to a group of persons by the same entity or company, it is recommended to file a class action suit by means of an attorney who specializes in the management and representation of class actions.
What is a class action?
"A class action is a claim conducted on behalf of a group of persons that raises questions of fact and / or trial shared by all the members of the group in which each of them is allegedly harmed, if only ostensibly."
In other words, a class action lawsuit is based on cases where damage was caused to a group of people, and in order to prevent the filing of a private claim involving litigation costs, administrative costs and great inconvenience, those injured persons can choose one person (from the injured) who represents the entire group. The class action is derived from the Class Actions Law, which was enacted in 2006-2006 ("the Class Actions Law"). The law regulates the issue of a class action and the manner of its investigation in Israeli courts. For the sake of order, we shall first clarify what the class action law is.
What is the Class Action Law? 2006
The purpose of the law is to establish uniform rules for the manner, manner of filing and managing class actions,
In order to improve the protection of individual rights and promote:
• Realization of the private citizen's right of access to the court, including to groups of people who find it difficult to approach the court as individuals;
• Law enforcement and deterrence against its violation;
• Providing adequate relief to those who are victims of the violation;
• Effective, fair and exhaustive management of class actions.
The law provides that a class action is an action that is conducted on behalf of a group of persons, which does not impair the power of the representing plaintiff, and which raises substantive questions of fact or trial that are common to all members of the group
Who is eligible to apply for a class action?
Any person who has a cause of personal action that raises a material question of fact and / or trial common to all members belonging to a group of persons may, as a class action plaintiff, file a class action in the name of all the plaintiffs in the group. As a rule, the filing of a class action requires the approval of the court, and therefore, together with the submission of the statement of claim, it requires the submission of a request to certify the claim as a class action, which includes, inter alia, the aggregate damages incurred by all the members of the class.
This area, which has been characterized by class action lawsuits, has been gaining momentum in recent years, inter alia, in light of the individual's awareness of his rights (as a consumer, etc.).
The courts see positively the claims that are justly filed and that they are sufficient to correct the wrong that was caused to a large number of plaintiffs. A class action attorney whose claim is accepted (even in the context of a compromise) compromise, receives the compensation of a representative plaintiff who can reach tens and hundreds of thousands of shekels.
If you find that you have been wronged by any company and / or entity that you believe is wrong to file a class action, we will be happy if you contact us to arrange a meeting so we can discuss filing a class action.
Adv. Eldar Adato is interviewed on television and answers questions relating to a class action law and a class action law:
Below are a number of class actions currently under way by Adv. Eldar Adato:
Class action against Isracard in the amount of NIS 373 million in respect of security breaches:
A statement of claim and an application to approve it as a class action suit in the amount of NIS 373 million against Isracard on behalf of the Scoopon coupon owners. The owners of the site suffered large financial losses following the cancellation of a large number of transactions on the site under the pretext of 'denied transactions'. As part of the lawsuit, we documented the seemingly insufferable ease with which it is possible to defraud e-commerce sites or any Israeli site that allows buying, ordering services or paying fines and bills. Of the credit fraud, which, according to them, could have been edited in almost every Israeli site on the Internet, enabling the purchase of products, ordering services or paying fines and bills.
More about the lawsuit in an article on Channel 2 news, Globes, NRG and more.
Class action in the Saudi Hacker case against Isracard, Leumi Card and Duval Computers:
The affair of the Saudi hacker stirred up the country, as a result of which personal information was leaked about the identities of several credit card holders who used to make transactions and purchases at various shopping sites on the Internet using credit cards. The exposure of the personal information about the credit card holders, which was leaked as a result of the provision, as stated, contained a real concern among the credit holders that this information might serve as a tool of foreign parties wishing to abuse it and cause various damages.
Following the occurrence of the affair, a widespread number of customers who have credit cards began to inform us about the occurrence of the event, who approached our office for legal advice, and later led to the filing of a class action that is being conducted in court against credit companies and against a server company, Or separately in their omissions and actions, to the plaintiffs' damages and did not take the reasonable measures necessary to protect personal information about their customers, credit card holders, transferred as part of transactions executed on the network.
Class action for breach of sewage pipe that caused extensive ecological damage:
The court ruled that "this case reflects the public's ability to bring about, through class actions, the preservation of a proper environment and preservation of the environment."
The court continued: "This case is of utmost importance in protecting the environment"
The subject of the claim is a class action filed by a number of plaintiffs in connection with the breach of a sewage pipe that took place in the central region, which caused a huge flow of sewage to the sea and streams, while at the same time causing tremendous ecological damage. The ecological disaster, as noted, led to a sharp and severe increase in pollution of the sea, and a sharp smell that was felt well on the beaches and nearby. In the context of the incident and the extent of the damage caused to it, a number of plaintiffs joined together and approached our office for legal advice on a matter that later led to the formulation of a class action for the represented group for all the damages caused to all those affected by the ecological disaster, , Physical well-being, etc.
In addition to the damages claim, the claim fulfills an important public purpose, as it deters the parties involved in the cause of the ecological disaster, and promotes the prevention of the environmental hazard by increasing the awareness of the relevant authorities and, as a result, Existing infrastructure. This desired result will eventually lead to an improvement in the lives of all residents of the State of Israel, especially those living along the coastline.
The court accepted all of our claims and ordered the defendants to pay compensation in the amount of NIS 2.5 million.
Class action against water corporations in respect of unlawful collection of VAT:
The nature of the claim is unlawful collection on behalf of the Water Corporation, in the form of VAT collection at the rate of 17% for consumer services rendered in July and August, when VAT applies to this period at the rate of only 16%. The claim was filed against a number of water corporations throughout the country.
Class action against the fast lane in the amount of NIS 10 million:
A class action lawsuit was filed against the fast lane company, after it was discovered that it was unlawfully collecting, while clearly misleading the drivers entering the fast lane, before entering the fast lane, there is a clear sign indicating the amount of payment (which allows the driver to decide whether to enter the lane) Or faster), but when the driver reaches the cashier, the amount of the payment jumps by tens of percentage points. At this stage, the driver can not exit the fast lane without making the payment and is obliged to pay the fare, which is collected by tens of percentage points higher than he agreed when he entered the path.
Class action against Unilever Israel Marketing, which markets the laundry softener - "Badit Extra":
An application for approval of a class action suit filed against the market of the "Extra Deodorant" softener marketer in the amount of NIS 7,488,000 for misleading under the Consumer Protection Law.The application deals with Unilever's complete and unequivocal misrepresentation of changing the softener packaging with extra justice, "The number 1 is supposed to indicate that one cork is required for each laundry, written exactly where it says in the different bottles and in the other competing companies the contents of the package and the amount of fluids in it, but in fact the bottle contains 960 ml and not 1 liter. So the result is that a bottle that looks like a bottle of a liter, in which the number 1 is large, but does not indicate the contents of the product. Consumers are confident that they are purchasing the 1 liter product while it is actually a reduced content of 960 ml.