Authority Overcharges

The law also allows a class action plaintiff to file a complaint against any government or municipal authority in Israel or any corporation established by Israeli law (such as an authority or government company). The plaintiff may demand the return of funds illegally charged by the authority. These may be taxes, fees, fines, charges or any other mandatory payment collected from the plaintiff and from the public it represents. Illegal collection may also be at a small amount, even of just a few shekels; however, when it applies to all of that authority's residents, the claim of the potential class of wronged individuals may reach millions of shekels. If you were affected by overcharging by any authority, the professional team here at ES, Eli Shimony Attorneys-at-Law, shall look into the case and shall assist you in filing a class action against that authority.

We possess both the ability and the professionalism required in order to manage complex claims of this type. The vast majority of claims against authorities is rejected in limine in the preliminary discussion. This is because the authority has to its benefit the presumption that money it collected, even if overcharged and illegally collected, were collected only for the purpose of promoting public interest, and therefore an authority is different from other potential business defendants. Legislation sets a number of unique defenses for authorities, such as the inability to claim the return of money from any authority with regard to collection occurring more than 24 months prior to the filing of the application for approval of the claim as a class action.

 

How can we assist you?

  • Filing applications for approval of class action with the administrative affairs court ("lesser supreme court").
  • Filing an application for approval of a class action and representation throughout the proceeding.
  • Consultation for authorities after meticulous inspection, as to whether their operations correspond with the relevant collection guidelines.
  • Examining the feasibility of filing a cessation* letter on behalf of authorities.

 

Why do our clients choose us?

  • Refund of money: usually as early as the preliminary demand proceedings, without the complex process of preparing and filing an application.
  • Approval of a class action: we will appraise in advance the action's chances of approval, on the basis of our experience and the letter of the law.
  • Speed: time, as foregoing, is usually on the authorities' side. We shall act promptly to complete the proceeding.
  • Estimate of damages: we will provide a realistic evaluation to prevent the disqualification of the action by the administrative affairs court.

* An order to an authority to cease immediately the collection of the relevant amount.

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About us

Eli Shimony Attorneys-at-Law specializes in the fields of Israeli civil – commercial and intellectual property law. Our firm deals with consultation and legal representations for transactions and contracts. In addition, our firm deals with providing consultation and managing intellectual property cases such as: registration of trademarks, registration of patents in Israel, protection of copyright and commercial design, consulting businesses with intellectual property and representing them in court.

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