Court Rejects Class Action Claims Against Super-Pharm, McDonald's Over Digital Receipts

A district court has dismissed two class action lawsuits against Israeli retail giants Super-Pharm and McDonald's (Aloniel), ruling that including reasonable marketing content on digital receipts sent to consumers who requested them does not constitute illegal spam. Judge Carmit Ben Eliezer of the Central District Court ruled that when a consumer requests a digital receipt via mobile, marketing text similar to that found on a printed receipt is not necessarily a violation of the "Spam Law." The applicant who filed the lawsuits was ordered to pay a total of 60,000 shekels in legal costs and intends to appeal to the Supreme Court.

The applicant had claimed that Super-Pharm and McDonald's violated Section 30a of the Communications Law by sending marketing material without explicit written consent. He argued that after providing his mobile number for a digital receipt at Super-Pharm's Be Pharm stores or McDonald's self-service kiosks, he received a message with a link to the receipt. Upon opening Super-Pharm's receipt, he found an invitation to join their customer club, while McDonald's receipt allegedly displayed promotional banners and offers even after he attempted to opt out of further communication.

In their defense, both companies argued that the messages were sent legally, at the applicant's request, and did not contain prohibited advertising but rather standard text found on printed receipts. The court sided with the companies, determining that the primary purpose of the digital message was to provide the requested service, namely the receipt. The marketing component was deemed secondary and incidental.

Judge Ben Eliezer stated that since printed receipts can legally include promotional messages, and the customer requested the digital version, there is a presumption of consent to receive the document as is. The court also noted the environmental benefits of digital receipts, deeming them a desirable policy. The applicant's attorney, Eli Schwartz, stated that he believes the ruling is incorrect both legally and factually and confirmed plans to appeal to the Supreme Court.