What are the criteria to file a class action in Morocco for a faulty consumer product?

Hello, good morning

As a Moroccan resident, you can initiate a collective action against a telecom provider for defective smartphones. This legal action is primarily governed by the Moroccan Code of Civil Procedure and consumer protection laws. Here’s a breakdown of the key aspects:

Requirements for a Class Action
To start a class action in Morocco, a formal complaint, known as a "requête," must be filed with the appropriate court. This document must clearly outline the facts of the case, the legal basis for the claim, and the specific remedy you are seeking. The claim would be based on Law No. 24-09, which establishes manufacturer liability for defective products, and Law No. 31-08, which provides consumer protection measures.

For a successful claim, you'll need to provide evidence to support your case, such as contracts, invoices, and any correspondence with the telecom provider. The complaint should demonstrate that the smartphones sold were defective and caused harm or damages to a group of consumers.

The Group and Its Representation
A class action lawsuit allows a group of people who have similar legal claims against the same defendant to sue together. In your case, the group would consist of all consumers in Morocco who purchased the defective smartphone from the telecom provider.

Representation for the group can be handled in a few ways:
Consumer Protection Associations: The National Federation of Consumer Protection Associations, as well as other recognized consumer protection associations, can file a lawsuit on behalf of consumers.
Lead Plaintiff: A "lead plaintiff" can be designated to represent the interests of the entire group in court.

Costs and Timelines
The costs and timeline for a class action lawsuit in Morocco can vary significantly based on the complexity of the case.

Costs: Many lawyers who handle class action lawsuits work on a contingency fee basis, which means you only pay them if the case is successful. In some instances, each party may be required to cover their own legal fees. There's also a possibility of "group costs orders," where the lawyers representing the plaintiffs may need to provide a security deposit for the defendant's costs.

Timelines: A class action lawsuit can take anywhere from a few months to several years to resolve. Simple civil cases in Morocco can move relatively quickly, with judgments sometimes reached within three to six months. However, the duration of a class action will depend on the number of people involved and the specifics of the case

Legal Representation
While it is not legally mandatory for you to have a lawyer to file a lawsuit in Morocco, it is highly recommended. A lawyer with experience in Moroccan law can help you navigate the legal process, gather evidence, draft the formal complaint, and represent your interests in court. Given the complexities of a class action lawsuit, legal representation can significantly increase your chances of a successful outcome