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A Class Action, also known as an 'Accion Colectiva' in Mexico, is a legal action where a group of people with the same or similar injuries caused by the same product or action can sue the defendant as a group. In San Luis Río Colorado, as in the rest of Mexico, Class Action Laws were first introduced in 2010 and allows consumers, non-profit groups, and federal prosecutors to bring these kind of lawsuits. The aim of a Class Action is to provide judicial access to those who may be unable to fight their claims individually.
You may require a lawyer in cases of faulty or misleading medical or pharmaceutical products, inequitable or illegal banking and financial practices, environmental damage, complicated real estate issues, or any type of mass consumer rights violations. In such cases, class action lawsuits are beneficial to help victims, who individually may have small claims that are not economically feasible to pursue alone, gain justice as a collective group.
In Mexico, the Federal Code of Civil Procedure governs Class Action. This law ensures that the members of the class action are duly represented and that their rights are protected. Any Class Action case initiated in San Luis Río Colorado should fall into one of the three categories prescribed by the Mexican law: Diffuse, Collective in Strict Sense and Individual Homogeneous. Each category is characterized by the type of harm suffered and the relationship between the class members and the defendant.
In Mexico, the law allows citizens, non-profit organizations, governmental agencies, and the Federal Attorney's Office for Consumer Affairs to file a Class Action lawsuit.
Class Action cases can be related to consumer rights, services, environmental matters, or public or private rights related to the use or provision of federal public services.
The statute of limitations for Class Actions in Mexico is 3 and a half years. However, the term varies depending on the type of action and starts from the moment the damage becomes evident.
No, the appointed lawyer will represent all individuals in the class. However, individuals who wish to not be part of the class action can opt-out and pursue their own course of action.
As a member of a class action, the court's decision will apply to you. Depending on the outcome, you may receive a portion of the damages awarded.
For more information related to Class Actions in Mexico, consider visiting the Federal Attorney's Office for Consumer Affairs website. Visiting Mexico's Federal Judicial Council can also help in understanding various aspects related to judiciary proceedings related to Class Actions.
If you believe that you have grounds for a Class Action lawsuit, you should consult a lawyer to evaluate the potential for the case. Gathering all documentation related to your case - receipts, contracts, medical bills etc., would be beneficial. Since the procedure for Class Actions can be complex, having a lawyer will be instrumental in successfully navigating through the process.
