The Israel Post Authority had been marketing and advertising an expedited service titled “Post 24.” By paying an extra amount of money at post office branches, customers were told that addressees will receive letters within 24 hours.
However, not all letters sent via the “Post 24” service reached their destination within 24 hours. For example, the media recently reported that a couple who sent out wedding invitations using the “Post 24” service, later discovered that part of the invitees received the invitations after the wedding. One recipient received his invitation 56 days after its mailing.
In March 2015, the Jerusalem District Court authorized a class action against the Post Authority. In its defense, the Post Authority claimed that it published an undertaking that 87% of the letters sent via the service will reach their destinations within the advertised time frame. This information was published within the Post Authority’s official website. In addition, the Post Authority claimed that 87% of letters reaching their destination within the advertised time frame is reasonable because all consumers expect a certain failure percentage.
The District Court held on two major points. First, it claimed that the “87% undertaking” is an essential and fundamental fact, which, per the Israel Consumer Protection Law, should be disclosed to consumers. Perhaps if the undertaking was closer to a 100 % success rate, the court would have held differently.
Secondly, it held that the Post Authority did not sufficiently disclose the relevant information to consumers. Publication of the “87% undertaking” in the internet will not suffice, while in the different post office branches, this information was not conveyed to consumers within the relevant advertising and marketing material.
The Post Authority recently requested a leave to appeal before the Israel Supreme Court. The Israel Supreme Court denied the appeal and upheld the gist of the Consumer Protection Law which safeguards against misrepresentation.