When the oppressor disguises himself as a service • Elderly woman saved from a deceptive deal

(haipo) – A serious case of consumer exploitation of an 85-year-old elderly woman recently came to the attention of Yad Sara’s legal advice department, and ended with the transaction being canceled and a full refund, but only after a short and determined legal battle. The case reveals a disturbing phenomenon: commercial companies that offer “professional services” to the elderly, but in practice charge amounts several times higher than what is stated verbally, while exploiting their weaknesses and disabilities.

The promise: assistance in issuing a disabled badge – the reality: a charge of almost 4,000 shekels

Esther, 85, returned home after being hospitalized for a pelvic fracture that left her disabled. Shortly thereafter, a saleswoman from a large company came to her home and offered her a "deal to order professional services" to prepare a medical file for the issuance of a disabled badge. Esther, who trusted the explanation she was given, agreed to pay 350 NIS, an amount that sounded reasonable to her.
But when the credit card bill arrived, she found out that the amount she paid was only the first payment out of ten, and that the total cost was 3,861 NIS.
As described in the document: "The amount of payment requested was revealed to be only one payment out of ten payments..."

Company requirement: Physically arrive at the office – despite her condition

Esther contacted the company demanding that the deal be canceled, but was told that cancellation would only be possible by physically arriving at the company's offices, which are far from her home.
The document states: "The company's policy is to approve the cancellation of a transaction only upon physical arrival at the company's offices, which are remote from the person's place of residence."
For an elderly woman after complex surgery, this requirement was impossible.

"This is about exploitation and deception"

At this point, Esther contacted Yad Sara's legal advice department. The lawyer who handled her request contacted the company and clarified:

• Because this is an exploitation of a disability, contrary to Section 3(b)(5) of the Consumer Protection Law: "Exploitation of a consumer's physical disability... is the exercise of unfair influence over the consumer."
• Because the requirement of physical arrival does not appear in the agreement and is even contrary to the law.
• Because according to Section 14C1(b) of the law, a senior citizen is entitled to cancel a peddling transaction within four months.
• Because the company misled the customer about the terms of the transaction and the cancellation conditions.
  It was also clarified that if the deal is not canceled, Yad Sara will resort to legal proceedings.

The happy ending: full cancellation and apology

The response was not long in coming. The company announced the cancellation of the transaction, a full refund of all funds, and even apologized for the "misunderstanding."
As the document states: "In an immediate response, the company announced that it apologized... refunded the entire amount collected from the customer, and canceled the transaction without further conditions."

Three sections of the law – one picture of injustice

Three key principles of the Consumer Protection Law were violated in this case:

• Prohibition of exploitation of disability – when the trader knows about the consumer's disability.
• Prohibition of deception – especially regarding the terms of cancellation of the transaction.
• Special protection for senior citizens – allowing cancellation of a peddling transaction within four months.
  
  All three together indicate a serious violation of the consumer rights of a vulnerable population.

Contact details for the Yad Sara Association

To the Yad Sarah website 👉🏽
Phone Information and Service Center 64444*

Yad Sara's legal advice department operates a network of volunteer lawyers throughout the country, who assist the elderly, the sick, and the disabled free of charge.