Yedidim Faces Class-Action Lawsuit Over Unsolicited Fundraising Texts

A Tel Aviv court is reviewing a motion to certify a class-action lawsuit against the Yedidim road assistance non-profit organization over allegations that it sent unsolicited fundraising text messages without prior consent.

The Claims and the Plaintiff

The legal action was filed by Amit Worghaft, who argued that the donation requests constitute commercial advertisements under the law and were sent to recipients who never opted in. Worghaft’s personal claim was set at 200 shekels for two messages he received.

Worghaft noted that he had already received unauthorized fundraising messages from the organization back in 2022. Following those two messages, he filed a small claims suit that ended in a settlement, with the organization paying him 1,000 shekels.

In the class-action motion, he sought to define the group as anyone who received an unlawful advertisement from the organization during the seven years prior to the filing. He estimated the group at roughly one million recipients, based partly on the organization's public data regarding its call center volume. However, the exact figure and total claim scope remain undetermined at this stage.

The Organization's Defense and Court's Stance

Yedidim rejected the claims, maintaining that the messages were not part of a systematic policy violating the law. According to the organization, Worghaft’s case was an isolated glitch after he was not manually updated as a person who opted out of mailing lists. They added that the messages included an opt-out mechanism and that he was removed from the distribution list following his complaint.

During a hearing presided over by Judge Rena Hirsch, the court scrutinized the definition of the proposed class.

I am not sure there is such a broad class at all, the judge remarked, adding that not everyone who received a message from the organization was necessarily harassed by it.

The judge also raised concerns regarding potential compensation being funded by donations intended for public aid, creating a scenario where public charity funds would be redirected to pay damages back to the public.

Conversely, Worghaft argued that being a non-profit does not exempt an organization from statutory regulations and that there is no justification for using donated funds for activities allegedly violating anti-spam laws.

At the close of the hearing, the judge suggested that the parties explore an amicable settlement framework providing public benefit, such as purchasing additional rescue kits for the organization’s volunteers. As of now, no agreements have been reached, and the court has yet to rule on certifying the class action.