The Spam Law: compensation without proof of damage for each message in a personal claim, and what is possible in a class action

Service page: Class actions and consumer claims lawyer.

The “Spam Law” is not a separate law. It is section 30A of the Communications (Telecommunications and Broadcasting) Law, 5742-1982, as worded by Amendment No. 40, 5768-2008 (Sefer HaHukim (the official gazette of statutes), issue 2153), which replaced the previous wording of the section and whose commencement was set at six months from its publication, that is, December 2008. The same amendment added item 12 of the Second Schedule to the Class Actions Law, and so expressly opened the door to a class action. Note: the Law has no sections 30B–30F; the whole arrangement is in one section.

What does section 30A(j)(1) say about the compensation for each message?

Section 30A(i) provides that a breach of the section is a civil wrong (tort) to which the provisions of the Torts Ordinance [New Version] apply. Section 30A(j) builds on this:

NIS 1,000 is a cap per message, not a fixed amount: the court “may” award up to that amount, and it weighs enforcement and deterrence, encouraging the exercise of rights, and the extent of the breach. Note: exemplary damages are a remedy of a personal claim. In a class action, section 20(e) of the Class Actions Law prohibits awarding exemplary damages or damages without proof of damage; there, the claim is for damage, including non-pecuniary damage, and for other relief such as an order to stop the sending.

When does spam reach a class action? Item 12 of the Second Schedule

Section 3(a) of the Class Actions Law, 5766-2006 permits filing only in a claim listed in the Second Schedule or in a matter set by an express provision of law. For spam there is no need to search: item 12 of the Second Schedule expressly permits “a claim against an advertiser as defined in section 30A of the Communications (Telecommunications and Broadcasting) Law, 5742-1982, on a cause of action under that section”. This is the difference between the spam cluster and other clusters: the gateway is not in dispute. For a business that has received a certification motion: Defense against a motion to certify a class action.

From here you move on to the certification conditions in section 8(a): material common questions with a reasonable possibility that they will be decided in favor of the class; efficiency and fairness; adequate representation; and good faith. In spam cases the common question is especially sharp: one mailing list, one removal mechanism, one message text. The difficulty tends to lie instead in defining the class and in the question of which of its members gave consent.

Who is an “advertiser”, and what is an “advertising message”?

An advertiser, under the definition in section 30A(a), is a person whose name or address appears in the advertising message as the address for contact to purchase the subject of the advertisement; a person whose business the content of the advertisement may promote, or whose aims it may advance, including soliciting donations or propaganda; or a person who markets the subject of the advertisement for someone else. The definition also covers the business owner who ordered the campaign, not only the person who clicked “Send”.

An advertising message is one of three things: a message distributed commercially whose purpose is to encourage the purchase of a product or service or the spending of money in another way; a message distributed to the general public whose purpose is to request a donation or propaganda; or another message distributed to the general public that includes an offer to call a telephone number to receive any message. The prohibition in section 30A(b) applies to sending by fax, by an automatic dialing system, by an electronic message and by a short text message.

What counts as consent to receive advertising (opt-in)?

Section 30A(b) requires the recipient’s express prior consent, in writing, including in an electronic message or in a recorded call. The three conditions are cumulative: express, prior and documented. A pre-ticked checkbox, “continuing to browse constitutes consent” or a list bought from an outside supplier does not meet the requirement. The section adds that dialing through an automatic dialing system without consent is a breach even if the call was cut off before it was answered, where an advertising message is played to the recipient when they call back.

There are three exceptions in the section itself. The first, at the end of 30A(b): a one-time approach by an advertiser to a recipient that is a business, or to a recipient for soliciting a donation or propaganda, which is an offer to consent to receive advertising messages, is not a breach. The second, in section 30A(c), is the “existing customer” exception, and its conditions are cumulative: the recipient gave their details during a purchase or in negotiations for a purchase; the advertiser told them at the time that the details would be used to send advertising; they were given an opportunity to say that they refuse, and they did not do so; and the advertisement relates to a product or service of a similar type. If one condition is missing, the exception does not apply. The third, in section 30A(b1): a nonprofit association (amuta) or a public benefit company may send a request for a donation or propaganda by email without prior consent, as long as the recipient has not given notice of refusal.

What does the law require of a notice of refusal (removal)?

Section 30A(d)(1) gives the recipient the right to give notice at any time that they refuse to receive advertising messages, and to withdraw their consent. Three express requirements: the notice must not involve payment, except for the cost of sending it; it is given in writing or in the way the advertising message was sent, at the recipient’s choice; and it may be general or for a particular type. Section 30A(d)(2) adds an important rule for continuing transactions (ongoing contracts): when the engagement ends, the recipient is treated as having given a notice of refusal.

The section does not set a number of days for carrying out the removal. What it does set is stricter: under section 30A(j)(5), there is a presumption that the sender acted “knowingly” unless it proves otherwise, and the advertiser has no defense on this point in three situations: when it sent after receiving a notice of refusal; when it had previously sent to the same recipient in breach of the section, even if not knowingly; and when it sent according to a list of addresses or numbers compiled in random sequence. So after a removal request, the advertiser can no longer claim that it sent the message unknowingly.

What must appear in every advertising message?

Section 30A(e)(1) requires stating prominently and clearly, in a way that is not misleading: that the message is an advertising message, with the words “advertisement”, “donation request” or “propaganda” appearing at the start of the advertising message, and in email in the subject line of the message; the advertiser’s name, address and contact details; and the recipient’s right to send a notice of refusal and a simple and reasonable way to do so, and in email a valid internet address for giving the notice. A short text message gets a relief: under section 30A(e)(2), it is enough to state the advertiser’s name and the contact details for removal.

A breach of the disclosure requirements is a separate offense under section 30A(f)(2), punishable by a fine under section 61(a)(3) of the Penal Law, 5737-1977; sending without consent is an offense under 30A(f)(1), punishable by a fine under section 61(a)(4). And under section 30A(h), a manager in a corporation and the person responsible in it for marketing or advertising must supervise and do everything possible to prevent the offense, and they are presumed to have breached their duty if an offense was committed by the corporation or its employee.

Does the law apply to WhatsApp, direct messages and “cold” approaches?

Section 30A(b) lists four means: fax, an automatic dialing system, an electronic message and a short text message. An “electronic message” is defined in section 30A(a) as an encoded telecommunications message transmitted over the internet to a recipient or a group of recipients, which can be stored and retrieved by computer. This is a technological definition, not a list of apps, so it is not limited to email. A “short text message” is defined as a telecommunications message containing text, visuals or sound, transmitted over a telecommunications network to the terminal equipment of a recipient or a group of recipients.

In addition, section 30A(l) authorizes the Minister, with the approval of the Economic Affairs Committee (of the Knesset), to set additional ways of sending to which the section will apply. The practical conclusion for a business: before a campaign in a channel other than email or text message, check whether it falls within the definition of an “electronic message”, and do not assume that the absence of an express mention of the app means that the section does not apply. And for the recipient: the broad definition is what allows messages received in messaging apps to be included in the case as well.

How do you file a claim over spam messages, step by step?

The steps here are for a recipient who received messages. A business that has been sued will find its side in the guide A business sued under the Spam Law: the first steps, and the Small Claims Court procedure, stage by stage, in the guide The Small Claims Court: a practical guide.

1. Document every message. Exemplary damages are awarded for each advertising message the recipient received (section 30A(j)(1)), so each message needs its own record: when it arrived, from whom and what it said. What to keep is in the table below.
2. Check the elements. For each message: is it an “advertising message” (section 30A(a)); was it sent by fax, by an automatic dialing system, by an electronic message or by a short text message (section 30A(b)); and did you give express prior consent in writing, or does one of the exceptions apply (sections 30A(b)–(c))?
3. Consider sending a notice of refusal. Section 30A does not make the claim conditional on a notice of refusal, but after a notice of refusal the advertiser cannot claim that it sent unknowingly (section 30A(j)(5)(a)). A text to copy appears below.
4. Choose a court. An individual may sue in the Small Claims Court when the amount of the claim does not exceed the ceiling in section 60(a)(1) of the Courts Law [Consolidated Version], 5744-1984 (NIS 39,900 in 2026), and may sue in another court instead (section 61(1)). A corporation does not sue in the Small Claims Court (section 60(a)), and a civil claim up to the amount in section 51(a)(2) of the Law is heard in the Magistrates’ Court.
5. Check local jurisdiction. A small claim is filed in the court in the area where the defendant lives or does business, or in the area where the act or omission took place (regulation 2(a) of the Small Claims Adjudication (Rules of Procedure) Regulations, 5737-1976 (תקנות שיפוט בתביעות קטנות (סדרי דין), התשל״ז-1976)). A claim over publication or trade on the internet is filed only according to where the defendant or the plaintiff lives or does business (regulation 2(b)); the regulations do not define what counts as “publication on the internet” for this purpose.
6. Draft the statement of claim. In proceedings opened from 11 April 2025, the body of the statement of claim may not exceed five pages. It sets out the place of the act or omission, the relief sought, the grounds, the list of documents and witnesses, and the number of small claims you have filed in the past year, and you attach the documents and a declaration that what is stated in the statement of claim is true (regulation 3). In a spam claim it is convenient to attach a list of the messages, with the date, the channel and the sender of each one.
7. Pay the court fee and file. The fee is 1% of the value of the claim, and not less than NIS 50 (regulation 6(a)).
8. After filing. The defendant is invited to file a statement of defense within 30 days of service of the summons (regulation 4(b)). A Small Claims Court judgment can be appealed only with the leave of a judge of the District Court (section 64 of the Courts Law).

And one more deadline: the general limitation (prescription) period for a claim that does not concern land is seven years from the day the cause of action arose (sections 5(1) and 6 of the Prescription Law, 5718-1958).

What evidence should you keep before you file?

A Small Claims Court may accept evidence even if it would not be admissible in another court (section 62(a) of the Courts Law). Even so, you have to present the messages themselves, so it is worth keeping the files yourself.

How do you write a notice of refusal?

A notice of refusal is given in writing or in the way the advertising message was sent, as you choose. It involves no payment, except for the cost of sending it, and it may be general or for a particular type of advertising (section 30A(d)(1)). The text below suits a written notice, for example by email: fill in the details in the square brackets, send it to the advertiser and keep a copy.

Which defense arguments may the business raise under section 30A?

The table sums up the arguments that section 30A itself allows. The business’s side is explained in the guide A business sued under the Spam Law.

Even when the breach is proven, the court “may” award exemplary damages, up to NIS 1,000 for each advertising message (section 30A(j)(1)). In setting the amount it considers, among other things, enforcement of the law and deterrence against its breach, encouraging the recipient to exercise their rights, and the extent of the breach, and it does not consider the amount of the damage (section 30A(j)(3)). Alongside this, the right to compensation for the civil wrong under section 30A(i), or to any other relief, is preserved (section 30A(j)(4)).

What should a business check before sending advertising?

• Is there documentation of the consent of each recipient: when it was given, through which channel, and for what type of content?
• Does the word “advertisement” appear at the start of the message, and in email in the subject line?
• Does the removal mechanism work without conditions such as entering the website, logging in or giving further details?
• Are removal requests synchronized across all systems: direct mailing, text messages, the call center and the external vendor?
• When a continuing engagement ends, is the recipient automatically removed from the mailing lists, as section 30A(d)(2) requires?
• Have lists received from a third party been kept separate? Consent given to the supplier is not consent to the business that bought the list.

And on privacy: managing a mailing list is also managing a database, and duties under the Protection of Privacy Law, 5741-1981 apply to it, including section 17D, which prohibits processing personal information in a database used for direct mailing (direct marketing) services unless the database is registered and one of its registered purposes is direct mailing. These are two separate regimes, and a single campaign can breach both.

Frequently asked questions

Can you file a class action under the Spam Law?

Yes, expressly. Item 12 of the Second Schedule to the Class Actions Law, 5766-2006 permits a claim against an advertiser as defined in section 30A of the Communications (Telecommunications and Broadcasting) Law, 5742-1982, on a cause of action under that section. This item was added by the same amendment that created the arrangement: Amendment No. 40, 5768-2008. From there you move on to the certification conditions in section 8(a) of the Class Actions Law: material questions common to all class members with a reasonable possibility that they will be decided in favor of the class, efficiency and fairness of the proceeding, adequate representation and management, and good faith.

How much compensation can you get for each spam message?

Section 30A(j)(1) authorizes the court to award damages not dependent on damage, in an amount not exceeding NIS 1,000 for each advertising message the recipient received in breach of the section. This is a cap, not a fixed amount. Under section 30A(j)(3), the court sets the amount according to enforcement of the law and deterrence against its breach, encouraging the recipient to exercise their rights, and the extent of the breach, and it expressly does not consider the amount of damage actually caused. Section 30A(j)(4) preserves the right to also claim ordinary tort compensation under section 30A(i), or any other relief, for the same breach. Alongside the personal claim, a class action in a consumer matter is a route for broad enforcement of section 30A, but without exemplary damages (section 20(e) of the Class Actions Law).

When may advertising be sent without prior consent?

In three cases. The first, under the end of section 30A(b): a one-time approach by an advertiser to a recipient that is a business, or to a recipient for soliciting a donation or propaganda, which is an offer to consent to receive advertising messages. The second, the existing customer exception in section 30A(c), whose conditions are cumulative: the recipient gave their details during a purchase or in negotiations for a purchase; the advertiser told them at the time that the details would be used to send advertising; they were given an opportunity to give notice of refusal and did not do so; and the advertisement relates to a product or service of a similar type. The absence of one condition is enough for the exception not to apply. The third, under section 30A(b1): direct mailing by email for soliciting a donation or propaganda by a nonprofit association or a public benefit company, as long as the recipient has not given notice of refusal.

How soon must a recipient who asked to be removed be taken off the list?

Section 30A does not set a number of days. What it does set: under section 30A(d)(1), the notice of refusal must not involve payment except for the cost of sending it, and it is given in writing or in the way the advertising message was sent, at the recipient’s choice. And under section 30A(j)(5), an advertiser that sent an advertising message in breach of the section is presumed to have done so knowingly, and if it sent after receiving a notice of refusal, it has no defense on this point. In other words, a message sent after a removal request does not allow the argument “not knowingly”. In a continuing transaction, section 30A(d)(2) treats the end of the engagement itself as a notice of refusal.

Does the Spam Law also apply to phone calls?

Only to some of them. Section 30A(b) of the Communications Law applies to an advertising message sent by an automatic dialing system, meaning a system that automatically dials a group of recipients and plays a recorded voice message (section 30A(a)); without express prior consent in writing, this is, as a rule, a breach. A call by a human representative is not covered by section 30A, and a different arrangement applies to it: a consumer may register their phone number in the database run by the Consumer Protection and Fair Trade Authority, and a dealer (the business), or someone on its behalf, may not make a marketing approach to a number registered in it (sections 16B and 16C of the Consumer Protection Law, 5741-1981), subject to the exceptions in the Sixth Schedule to the Law, such as a return call the consumer asked for. For such a breach the Commissioner for Consumer Protection may impose a monetary sanction (section 22C(b)(16b)), but the exemplary damages of section 30A(j) do not apply to it.