Keeping Your Numbers in Your Cellphone

Due to technical problems, Mr. Elad, (the plaintiff) a client of Celcom Company handed over his cell phone to the company’s laboratory to be repaired. When doing this, he emphasized to the technician that the information inside his cell phone was extremely important to him and used for business purposes.

Unfortunately, the company (the defendant) lost his cell phone! The defendant offered the plaintiff a new phone as compensation. But Mr. Elad refused, claiming the new phone did not have the information needed from the lost phone. A few days later, the defendant found the original phone, but the information inside was lost. Therefore, Mr. Elad sued Celcom, asking 6000 shekels as compensation for his losses.

The defendant claimed that when handing over a phone for repair, the client must sign a form which explains that the company will do its utmost to save the information in the phone, but if something happens to the information, Celcom will not be held responsible. In the same form, the company advises the client to backup any information in the phone before it is taken to be repaired.

The defendant presented the proper forms signed by the plaintiff. Therefore, the Honorable Judge Mrs. Oshrey Frankel ruled on July 25, 2010, for the defendant and decided not to grant the plaintiff any monetary compensation for the case.

Conclusion: There is a reason that every cell phone company offers a service (for a fee) in which you can back up all of your information in your cell phone.

As I have stated previously, you must prepare your case well. This includes checking every piece of evidence (forms, contracts, etc.) you may have before presenting your case.

Sincerely,

Tzvi Szajnbrum, Attorney at Law