A class action is an action in which at least two people who consider themselves to be victims of the same damage committed by the same person join together to take legal action against the perpetrator of their damage.
The proceedings must be conducted by a lawyer.
Unlike class actions, collective actions require the lawyer to bring as many proceedings as there are plaintiffs.
This raises the question of whether there is any point in joining forces if the lawsuits are ultimately brought by individuals.
On this point, it should be noted that the strength of the collective action is that it simultaneously brings all the proceedings against the person responsible for the damage.
It is this simultaneous nature that will reinforce the weight of the collective action.
The greater the number of plaintiffs, the greater the chances of success.
However, collective action is not the same as group action.
Group action was introduced in France by Law no. 2014-344 of 17 March 2014.
Initially, it was only introduced in consumer law for consumers.
Eventually, its scope was extended by two laws of 18 November 2016 (law no. 2016-1547) and 23 November 2018 (law no. 2018-1021).
It is now possible to bring a group action in the following areas:
– Consumer law
– Health law
– Environmental law
– Property law (tenancy) ;
– Employment law (discrimination)
– Intellectual property law (protection of personal data).
However, although the scope of the group action has been extended, the fact remains that very few group actions have been brought in France since its introduction.
This is due to a major difficulty.
To bring a group action, the plaintiffs and the lawyer must be accompanied by an association or trade union.
But in most cases, associations and trade unions are not interested in taking action.
This is why collective action can be a good alternative to enable victims to band together.
Do you think you have suffered a loss? Do you know or think that you are not the only one to have suffered this loss?
If so, please contact us.
Maître DAMY, a lawyer specialising in victims’ law, will help you set up a collective action.
