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Class action, colloquially known as a "collective lawsuit," is a type of legal proceeding in which a large number of people collectively bring a claim to court or in which a class of defendants is being sued. In Italy, class action legislation was introduced in 2007 and fully implemented as of 2020. The Italian Class Action model covers rights that are homogeneous, individual or different due to the same violation by a company or public body. The claim can be sought for damages, restitution, or termination of contracts for breach.
Class action cases can be complex and require in-depth knowledge of the law. Therefore, it's essential to have a lawyer professionally representing you. Situations where you may need a lawyer include navigating the process of joining a class action, starting your own class action, understanding your legal rights and obligations, or seeking counsel on the implications of the litigation. A lawyer can also assist with understanding the scope of potential compensation and the timeline of the lawsuit.
In Italy, the scope of potential claimants in a class action has been vastly expanded. It includes all consumers, users, and entities that have rights that are homogeneous to others affected by the same defendant's behavior. Legislation ensures that the claims are handled before a single judge for consistency, and if the suit is successful, the defendant is required to publish the judgement in two national newspapers. It's worth noting that Italian class action does not operate on a contingency fee basis, and payment arrangements should be outlined between lawyer and client.
The court decides whether to establish a class after examining the merits of the case. If the class is formed, the court will then publish details of the class action to allow others to join.
A person can join a class action by submitting an application to the court via a lawyer. The deadline for joining is typically 120 days from the publication of the class action.
Yes, one can withdraw at any time before the court makes a decision, but the expenses remain charged on the part that abandons the class.
If the class action is successful, the defendant will be required to compensate the members of the class action for damages suffered.
If the class action is unsuccessful, the members of the class will not be required to pay any compensation. However, they may be responsible for certain legal fees.
For additional help and resources, the Italian Department of Justice (Ministero della Giustizia) can provide further legal information. Legal aid services can often help individuals who cannot afford to hire a lawyer. Organizations such as the National Consumer Union (Unione Nazionale Consumatori) may also provide resources or support for class action lawsuits.
If you require legal assistance for a class action in Rome, the first step is to seek legal advice. Identify a lawyer specializing in class actions or a consumer rights attorney. They can guide you on joining an existing class action or initiating a new one and discuss potential costs and implications. They will then aid you in the process by preparing necessary documents, representation in court, and ensuring the best possible outcome for your situation.
