A person submitted several motions for approval of class actions against various businesses due to the inaccessibility of their websites, without bothering to contact them in writing first. The various business owners, who corrected the required, preferred to settle and pay thousands of shekels to the class claimer and his attorney in exchange for their withdrawal from the procedure and moved the Court to give power to the agreements.
The Court ordered the withdrawal but without payment of material compensation to the class claimant. The duty to act in good faith and fairness requires prior notification of the business in order to provide them an opportunity to correct the deficiencies, before submitting a motion for approval of a class action. Here, no prior notice was made to correct the defect and therefor the withdrawal procedure was approved, but with only a symbolic reward equivalent to the cost of sending a letter, because the breach did not result from bad intent, but from the business owner's lack of knowledge and because the motion for approval of the class action was submitted in bad faith and without prior notice to the business owner.