A business sued under the Spam Law: the first steps

Service page: Defense against a motion to certify a class action.

This guide is meant for business owners and managers who received a statement of claim, or a motion to certify a class action, alleging that the business sent advertising messages without consent. What the recipient may claim and what must appear in every message is also explained in the guide The Spam Law: compensation, consent and class actions. Here the focus is on the business’s side, from the day the statement of claim arrived.

First of all: the deadline for filing a statement of defense

A claim in the Small Claims Court comes with a summons, in which the defendant is invited to file a statement of defense within 30 days of the day the summons was served (regulation 4(b) of the Small Claims Adjudication (Rules of Procedure) Regulations, 5737-1976 (תקנות שיפוט בתביעות קטנות (סדרי דין), התשל״ז-1976)). For a defendant that did not file a statement of defense on time, the court gives judgment on the basis of the statement of claim alone, unless it found that justice requires inviting the parties to argue and bring evidence (regulation 10). The defendant attaches to the statement of defense the documents it wishes to rely on, if they are in its possession (regulation 5).

In the Magistrates’ Court a statement of defense is filed, as a rule, within 60 days of service of the statement of claim, and the court may extend the deadline if it is persuaded that there are reasons that justify it (regulation 9(b) of the Civil Procedure Regulations, 5779-2018). In a claim heard in the expedited proceeding track the deadline is shorter: 45 days from service of the statement of claim (regulation 80(a)). When no statement of defense was filed on time, the court may require the plaintiff to provide sufficient proof of the claim, or give judgment on the basis of the statement of claim alone (regulation 130). And another rule that is important to know in advance: the defendant is deemed to admit all the facts in the statement of claim, except those it denied expressly and in detail in the statement of defense; the amount of damages is deemed to be in dispute, unless the defendant admitted it expressly (regulation 14(b)).

In the Small Claims Court only an individual may sue, up to the cap in section 60 of the Courts Law [Consolidated Version], 5744-1984, and representation by a lawyer is allowed there only with the court’s permission and for special reasons (section 63(a)). The court may decline to hear the claim and transfer it to the Magistrates’ Court, among other things if the plaintiff has already filed more than five claims in the same court in the same year (section 60(b)). In proceedings opened from 11 April 2025, the plaintiff must state in the statement of claim the number of small claims they filed during the past year (regulation 3(c)(7) of the Small Claims Regulations).

What the plaintiff must show

Section 30A(b) prohibits an “advertiser” from sending an “advertising message” by fax, an automatic dialing system, an electronic message or a short text message without the recipient’s express prior consent in writing, including in an electronic message or in a recorded call. A breach of the section is a civil wrong, to which the provisions of the Torts Ordinance [New Version] apply (section 30A(i)). So for each message in the claim, the first questions are whether it is an “advertising message”, whether it was sent by one of these four means, and whether the business is the “advertiser”.

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 the recipient to call a particular telephone number to receive some message, subject to the exceptions in the definition (section 30A(a)). So it is worth checking the wording of the message itself against the definition, and not only the channel through which it was sent.

An “advertiser” is a person whose name or address appears in the message as the address for contact to purchase what it advertises, a person whose business the content of the message may promote or whose aims it may advance, or a person who markets the subject of the advertisement for someone else. A person who carried out the act of sending for someone else as a telecommunications service under a license or under the general permit regulations is not, for that reason alone, an “advertiser” (section 30A(a)).

Consent and the exceptions: which records to look for

The first defense is the recipient’s consent. The law requires express consent, given in advance and in writing, and recognizes consent given in an electronic message or in a recorded call (section 30A(b)). So for each plaintiff you look for the record itself: the form or the message in which consent was given, its date, the channel through which it was given and the wording shown to the recipient, or the recording of the call.

One exception to the consent requirement is section 30A(c), and it applies only if all its conditions are met: the recipient gave their details to the business in the course of buying a product or service, or in the course of negotiations to buy; the business informed them that the details would be used to send advertising messages on its behalf; the business gave them an opportunity to give notice that they refuse to receive advertising messages, and the recipient did not do so; and the message relates to a product or service of a similar kind. Here you look for the record of the purchase or the negotiations, the wording of the notice given to the recipient, and the way the option to refuse was offered to them.

The law recognizes two more situations. A one-time approach to a recipient that is a business, which is an offer to consent to receive advertising messages, is not a breach (end of section 30A(b)). And sending an advertising message by email to obtain a donation or for propaganda by a nonprofit association (amuta) or a public benefit company is not a breach of section 30A(b), as long as the recipient has not given notice of refusal (section 30A(b1)).

Notices of refusal and removal requests

A recipient may at any time notify the advertiser that they refuse to receive advertising messages, in general or of a particular kind, and withdraw their consent. 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 (section 30A(d)(1)). In a transaction for the continuing purchase of goods or services, the recipient is deemed to have given a notice of refusal on the date the engagement ends (section 30A(d)(2)).

This check is especially important, because when a message was sent after a notice of refusal, the law does not allow the advertiser to show that it did not act knowingly (section 30A(j)(5)(a)). So you check every channel through which a recipient could have asked for removal: replies to messages, emails, calls to the call center and requests that reached the direct mailing provider, as well as the date the engagement ended in continuing transactions.

The presumption that the message was sent knowingly

The court may award exemplary damages, meaning damages that do not depend on harm, when an advertising message was sent “knowingly” in breach of the section (section 30A(j)(1)). The law makes it easier for the recipient to prove this element: an advertiser that sent an advertising message in breach of the section is presumed to have done so knowingly, unless it proves otherwise (section 30A(j)(5)). In other words, it is the business that has to prove the lack of knowledge.

The presumption can be rebutted, but not in three situations: when the message was sent after the recipient gave a notice of refusal; when the advertiser had already sent the same recipient an advertising message in breach of the section in the past, even if not knowingly; and when the message was sent using a list of addresses or numbers compiled from a random sequence of letters, digits or other characters (section 30A(j)(5)(a)–(c)). The practical meaning: if the messages in the claim were sent in breach of the section, another message to the same recipient will no longer allow the business to argue that it was not sent knowingly. So it is worth stopping all messages to the plaintiff until the matter is clarified.

What must appear in every message

Even a message sent lawfully must include, prominently and clearly and in a way that is not misleading, the details in section 30A(e)(1): the word “advertisement” (or “donation request” or “propaganda”, as the case may be) at the start of the message, and in an electronic message in its subject line; the advertiser’s name, address and contact details; and the right to send a notice of refusal at any time, with a simple and reasonable way to do so, and in an electronic message a valid online address for that purpose. In a message from an automatic dialing system, the advertiser states at the start of the voice message that the recipient may ask to have their name removed from the mailing list, and allows them to do so immediately, including by pressing a key on the phone (section 30A(e)(1)(c)(2)). In a short text message, the advertiser’s name and its contact details for a notice of refusal are enough (section 30A(e)(2)).

Sending a message that does not state these details prominently and clearly is a separate offense, punishable by a fine (section 30A(f)(2)). So every message in the claim is also checked against the disclosure requirements, and not only against the question of consent.

The amount of exemplary damages: what the court weighs

The court may award exemplary damages of up to 1,000 new shekels for each advertising message the recipient received in breach of the section (section 30A(j)(1)). This is a cap, not a fixed amount. In setting the amount, the court takes into account, among other things, enforcement of the law and deterrence against breaching it, encouraging the recipient to exercise their rights, and the scope of the breach, and it does not take into account the amount of damage caused to the recipient (section 30A(j)(3)). It may also take into account that the advertiser was convicted of an offense for the same act (section 30A(j)(2)).

Exemplary damages are not the only remedy: their arrangement does not detract from the recipient’s right to damages for the civil wrong under section 30A(i), or to any other remedy, for the same breach (section 30A(j)(4)).

When a motion to certify a class action was filed

A claim against an advertiser as defined in section 30A, on a cause of action under that section, is one of the matters in which a class action may be filed (item 12 of the Second Schedule to the Class Actions Law, 5766-2006), and filing it requires the court’s approval (section 3(b)). In a class action, the court does not award exemplary damages, nor damages without proof of damage (except in claims under item 9 of the Schedule), but the section does not prevent awarding damages for non-monetary damage (section 20(e)). The stages, deadlines and conditions for certification are set out on the page Defense against a motion to certify a class action.

The first steps, in order

1. Note the deadline: 30 days from service of the summons in the Small Claims Court (regulation 4(b) of the Small Claims Regulations), or, in the Magistrates’ Court, 60 days from service of the statement of claim (regulation 9(b) of the Civil Procedure Regulations), and only 45 days in the expedited proceeding track (regulation 80(a)).
2. Stop sending to the plaintiff: remove them from all mailing lists, in all channels and with every provider.
3. Map the messages: for each message in the claim, the date, the channel, the wording and who actually sent it.
4. Find the basis for sending: the consent record, or the purchase record and the notice given to the recipient under section 30A(c).
5. Check removal requests: in all channels, including with the direct mailing provider, and the date the engagement ended in a continuing transaction (section 30A(d)).
6. Check the wording of the messages against the disclosure requirements in section 30A(e).
7. Check the deadlines: the general limitation 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), and the court will not consider a limitation defense that was not raised at the first opportunity after the claim was filed (section 3).

Would you like to go over the claim before filing a statement of defense? Arrange a first call to look at your case.

Frequently asked questions

Can you ignore a spam claim in the Small Claims Court?

It is not advisable. The summons invites the defendant to file a statement of defense within 30 days of the day it was served (regulation 4(b) of the Small Claims Adjudication (Rules of Procedure) Regulations, 5737-1976). For a defendant that did not file a statement of defense on time, the court gives judgment on the basis of the statement of claim alone, unless it found that justice requires inviting the parties to argue and bring evidence (regulation 10).

What counts as consent to receive advertising messages?

Express consent, given in advance and in writing, including in an electronic message or in a recorded call (section 30A(b) of the Communications (Telecommunications and Broadcasting) Law, 5742-1982). Without such consent, messages may be sent only under one of the exceptions, for example to a recipient who gave their details in the course of a purchase or negotiations to buy, received notice that the details would be used to send advertising messages, was given an opportunity to refuse and did not refuse, when the message relates to a product or service of a similar kind (section 30A(c)).

Does the court award the full amount for each message?

Not necessarily. Section 30A(j)(1) allows exemplary damages of up to 1,000 new shekels for each advertising message sent knowingly in breach of the section, and this is a cap. In setting the amount, the court takes into account, among other things, enforcement of the law and deterrence, encouraging the recipient to exercise their rights, and the scope of the breach, and not the amount of damage (section 30A(j)(3)). The law presumes that the message was sent knowingly, unless the advertiser proves otherwise (section 30A(j)(5)).

An external direct mailing provider sent the messages. Is the business still liable?

Possibly. An “advertiser” is also a person whose business the content of the message may promote, and also a person who markets the subject of the advertisement for someone else. A person who carried out the act of sending for someone else as a telecommunications service under a license or under the general permit regulations is not, for that reason alone, an “advertiser” (section 30A(a) of the Communications (Telecommunications and Broadcasting) Law, 5742-1982).

The claim concerns phone calls by a sales representative. Are they also covered by section 30A?

Usually not. Section 30A(b) applies to an advertising message sent by fax, an automatic dialing system, an electronic message or a short text message, and an “automatic dialing system” is used to dial a sequence of calls automatically to deliver a recorded voice message (section 30A(a)). A live call by a representative is not one of these means. However, a dealer (business) may not make a marketing approach by phone call to a telephone number registered in the database restricting marketing approaches that the Consumer Protection and Fair Trade Authority manages, subject to the exceptions in the Sixth Schedule (sections 16B–16C of the Consumer Protection Law, 5741-1981), and the Commissioner for Consumer Protection and Fair Trade may impose a monetary sanction for such a breach (section 22C(b)(16b)).