Can we start a class action in Morocco over a telecom's hidden fees on monthly bills?
Respuestas de Abogados
Ascendance International Consulting (A-I-C)
A group (collective) claim is indeed possible in Morocco. The law allows a consumer association or a qualified consumer organization to bring a collective action on behalf of a group of affected consumers. If no such association exists for your sector, a class‑action‑style suit can still be filed by a representative consumer together with a lawyer who files a joint complaint naming all similarly affected customers as co‑plaintiffs. The court may then consolidate the individual claims into a single proceeding, which is the usual route for mass‑complaint cases involving hidden fees.
What you should collect first
- Copies of the original contracts, terms‑and‑conditions, or subscription confirmations you received when you signed up. Highlight any sections where fees are mentioned—or, importantly, where they are not mentioned.
- Invoices, billing statements, or electronic receipts that show the unexpected “service” charge, including dates, amounts, and any reference numbers.
- Screenshots or PDFs of the sign‑up flow (website pages, app screens, or printed forms) that demonstrate the absence of a clear disclosure of the extra fee. If the fee appears only later in an email or on a subsequent bill, capture that as well.
- Correspondence with the company (emails, chat logs, letters) where you asked for an explanation or a refund and received the company’s response that the charge is “in the terms.” These exchanges help prove that the company was aware of the dispute.
- Evidence of the number of affected customers – for example, a short questionnaire or a signed statement from each participant confirming they experienced the same hidden charge. Even a simple list with names, contact details, and the amount charged can be attached as an annex to the complaint.
Once you have this material, the next step is to consult a Moroccan consumer-rights lawyer (or a consumer association) who can draft a joint complaint, attach the collected evidence as exhibits, and file it with the competent commercial court. The lawyer will also advise whether the case should be pursued as a collective action through an association or as a joint suit by the individual claimants. In either scenario, the court can order the company to refund the undisclosed fees, pay statutory damages, and amend its contracting practices to comply with the transparency requirements of Moroccan law.
Sincerely,
Ascendence International Consulting
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