The court identifies a phenomenon of cynical use of the Spam Law

Recently, the court identified a phenomenon of cynical use of the Spam Law, which is intended to prevent sending messages containing an “advertisement” to a recipient who has not expressed his consent to do so.

Adv. Dana Vaknin, a partner in our Litigation Department, represented H&O in a lawsuit filed against it by a plaintiff on grounds under this law.

In its ruling, the court expressed great displeasure due to faulty and bad faith conduct on the part of the plaintiff, who repeatedly acted to subscribe to the defendant’s mailing list, all with the aim of trying to “fail” the defendant and create causes of action against her “out of nowhere.”

The claim was dismissed by agreement of the parties. At a hearing in which the parties argued for costs, the court granted Adv. Vaknin’s request and ruled that the plaintiff must pay costs. In its ruling, the court accepted the company’s arguments, expressed great dissatisfaction with the plaintiff’s conduct and ruled that he acted in bad faith and abused the legal process.

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