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A class action, also known as a representative action, is a type of lawsuit where a group of people collectively brings a claim to court. In Thailand, the class action law was adopted in 2015 and it essentially empowers a large number of people, who have been harmed by the same party, to seek justice collectively. The law is aimed to provide compensation for damages caused by defective goods, services, or unfair trade practices. In the context of Chiang Rai, the class action law is enforced in similar lines as to the rest of the country.
If you’re part of a large group that was harmed by the same entity, you might need a lawyer to represent your group in a class action lawsuit. Legal representation is deemed necessary since class action claims involve complex legal procedures, substantial evidence collection, and case presentation. A lawyer would conduct all necessary legal investigations, compile the facts and build a strong case on your behalf.
In Chiang Rai, class actions can be filed only for cases involving consumer protection, trade competition, labor, environment, and securities. Moreover, for a class action to be admissible, at least 10 persons in the class or an authorized entity such as the Consumer Protection Organization or Labor Union must file the claim jointly. The defendants must have caused harm due to the same common issues and there needs to be a representative who can protect the interest of all members of the class.
1. How long does a class action lawsuit take? The timeline for a class action lawsuit can vary considerably depending on the complexity of the case. It can take anywhere from a year to several years.
2. Does everyone in the class need to testify in court?No. Generally, class members aren't required to appear in court. The appointed representative would present the case.
3. What happens if the lawsuit is won?If a lawsuit is won, the court will distribute the compensation among class members after deducting the legal costs.
4. What if I disagree with the outcome of the lawsuit?As part of a class, individual members cannot appeal the decision separately. Any appeal (if any) will be done by the appointed representative.
5. Can I withdraw from a class action?Yes. In general, potential class members receive notices about a pending class action and they are given the opportunity to 'opt-out' if they do not want to be a part of it.
For additional assistance, you may reach out to the Chiang Rai Lawyers’ Association. The local Consumer Protection Board (CPB) and the Office of Consumer Protection Board (OCPB) provide guidelines and assistance in their respective areas.
If you believe you’re part of a group that needs to file a class action lawsuit, the first step would be to consult with a lawyer specializing in class action suits. They can help you understand the merits of your case and guide you through the process. Always ensure to collect and maintain any documents, receipts or other evidence that can support your claim.
