During the year a resident of the center of the country received 73 advertising messages from the Fox network, a client which it is not. The woman turned to the leadership of the network with a demand to pay her compensation for the inconvenience. The network offered her 5,000 shekels. Recipient of the spam, being a lawyer, considered this amount insufficient and appealed to the court demanding from the company’s 73,000 shekels, 1,000 NIS for each message.
The website Mako reports that the Fox network has accused the recipient of spam email in violation of the rules of ethics and provide the court with inaccurate and distorted information. In its defense, the company claimed to send promotional messages only to club members who have given their consent to receive SMS messages.
Attorneys Fox, in a letter prepared for the court, argued that the complaint was checked, during which the bug was found: an employee of the company, recording the data on a new client, made a mistake on one digit at entry to the computer of the telephone number.
Moreover, the company blamed the giver of the claim that it is not addressed before with the request to remove her number from the distribution. Thus, according to the lawyers of the defendant, the error was discovered only a year, and the company for the time missed 73 potential transaction.
The judge of the magistrate court in Petah Tikva Ariel Bergner, taking into account the fact that the spam was the result of the mistakes of the employees and ordered the company to pay Fox the giver of the claim compensation in the amount of 29.200 NIS (400 NIS for each message, which is slightly less than the maximum amount provided in law). The court also ordered Fox to pay court costs in the amount of 3,000 shekels.
Representatives Fox, commenting on the decision of the court, said the site «Mako» that the company’s lawyers intend to appeal.
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