Is there a Romanian class action mechanism for a group of consumers against a defective product?
Respuestas de Abogados
mohammad mehdi ghanbari
I understand you have a question about the possibility of a class action lawsuit in Romania for a defective product purchased by several consumers. I can provide you with some general information on this matter.
Romanian Class Action Lawsuit
Yes, Romania has a mechanism for collective redress for consumers, which is similar to a class action lawsuit and is referred to as an 'acțiune colectivă'. This was introduced by Law 414/2023, which allows for representative actions to protect the collective interests of consumers. In your case, where multiple consumers have purchased the same defective product, this new legal framework could be applicable.
How to Join a Class Action
The Romanian procedure is an "opt-in" system. This means that consumers who want to participate in the collective action must give their explicit and written consent to be represented by a qualified entity, such as a consumer association. Here's how it generally works:
A qualified entity, like a consumer protection association, files a representative action.
Within 30 days of filing the action, this entity must request the explicit and written consent of the consumers who wish to be represented.
Consumers then have 30 days to provide their consent.
Timelines
The timeline for resolving a class action lawsuit in Romania can vary significantly depending on the complexity of the case and the number of parties involved. The initial phase of joining the action involves the 30-day period for the qualified entity to request consumer consent and the subsequent 30-day period for consumers to provide that consent.
Legal Costs
Typically, the organization bringing the lawsuit, such as a consumer association, funds the class action, so individuals may not have to pay upfront costs. However, there might be other legal fees and expenses involved in the process.
For more detailed and personalized legal advice on your specific situation, I would be happy to offer a consultation via WhatsApp for a small fee. Please let me know if you are interested.
Best regards.
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