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מסתמן כי תאושר תביעה ייצוגית בסך 400 מיליון דולר נגד פייסבוק בישראל בטענה לפגיעה בפרטיות הגולשים

פייסבוק, מתוך עמוד פייסבוק תל אביב
פייסבוק, מתוך עמוד פייסבוק תל אביב

מכה לפייסבוק בישראל: בית המשפט המחוזי מרכז בלוד דחה את בקשת חברת פייסבוק (facebook) לסלק על הסף בקשה לאישור תביעה ייצוגית נגדה ובכך נפתחה באופן רשמי הדרך להגשת תביעות ייצוגיות לבית המשפט בישראל נגד חברת פייסבוק שמעדיפה לנהל את הסכסוכים המשפטיים שלה בבתי המשפט בחו"ל.

את הבקשה לתביעה הייצוגית נגד פייסבוק הגיש אוהד יחיאל בן חמו באמצעות עורכי הדין עמית מנור, יוקי שמש וגרגורי פאוסט קורצ'מני. לטענת בן חמו, פייסבוק פועלת באופן שיטתי ופסול תוך שהיא עושה שימוש בתוכן ההודעות הפרטיות שמשתמשיה שלחו וקיבלו תוך התעלמות מפרטיות הגולשים שמשתמשים ברשת החברתית.

עדי סופר תאני, צילום: מירי דוידוביץ
עדי סופר תאני, צילום: מירי דוידוביץ

לטענת בן חמו, פייסבוק לא קיבלה אישור הסכמה מהגולשים, לא רשמה את מאגר המידע שלה כנדרג אצל רשם מאגרי המידע ולא הודיעה בהודעה מתאימה למשתמשיה על פעולותיה, בניגוד לדין הישראלי. את הבקשה לאישור התביעה הייצוגית הגיש נגד פייסבוק הרשומה בארצות הברית ונגד חברת פייסבוק באירלנד, באמצעות הסניף של פייסבוק בתל אביב, אותו מנהלת עדי סופר תאני.

בן חמו דורש פיצוי בסך של 100$ לכל משתמש/ת של פייסבוק בישראל. היות ועל פי הנתונים הרשמיים של פייסבוק לרשת החברתית ישנם כיום כ-4 מיליון משתמשים, גובה הפיצוי הכולל עומד על כ-400 מיליון דולר, שמהווים את סכום הכנסותיה השנתיות של פייסבוק ממפרסמים בישראל (מקור: גלובס).

בחברת פייסבוק, שמיוצגת ע"י עורכי הדין יעקב שרביט, שי כגן ורחלי פרי-רייכמן מפירמת 'הרצוג פוקס נאמן', טענו כי יש לסלק על הסף את הבקשה לאישור התביעה הייצוגית משלוש סיבות עיקריות; על פי פייסבוק במעמד הרישום לרשת החברתית, ישנה התנייה המבהירה כי כל מחלוקת עם החברה יש להביא בפני בית המשפט המחוזי בקליפורניה, ארה"ב.

עוד נטען ע"י פייסבוק כי בית משפט ישראלי אינו הפרום הנאות לדיון בתובענות שכאלו וכי הדין החל על תביעות בין המשתמשים לפייסבוק מתנהל על פי הדין של מדינת קליפורניה ולפיכך לא ניתן להגיש בקשה לתביעה ייצוגית בהתבסס על הדין ישראלי.

בן חמו השיב טען בין היתר כי אין מקום לסלק את התביעה על הסף משום שמדובר בנושא מורכב הדורש בירור עובדתי. כבוד השופטת אסתר שטמר, דחתה כאמור את טענות חברת פייסבוק ואף הטילה עליה הוצאות משפט בגובה של 10,000 ש"ח וקבעה כי על פייסבוק להגיש את תגובתה לבקשה לאישור התביעה הייצוגית בתוך 90 יום.

>> לפרוטוקול המלא (PDF) | לכתבת עומק בקרו ב"העין השביעית" (אורן פרסיקו).

תביעה ייצוגית נגד פייסבוק
תביעה ייצוגית נגד פייסבוק

מקרה חירום בפייסבוק / אינסטגרם / וואטסאפ?

587 תגובות לפוסט

587 תגובות

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