CONSUMER
Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
CONSUMER
Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
Origin
Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers
General overview
The Act transposes the EU Collective Redress (Representative Actions) Directive (EU) 2020/1828 (the Directive) into Irish law. Once commenced, the Act will create a civil litigation mechanism for groups of consumers who have suffered material loss or adverse consequence due to a breach of EU consumer protection law, to come together to seek redress. The Act has the potential to span to at least 66 laws under which a representative action may be brought, covering most areas of consumer law, including financial services, technology and health.
Each claimant must opt-in to the collective redress scheme, and an action can only be brought by a “qualified entity" as designated by the Minister for Enterprise, Trade and Employment. The law in Ireland currently prohibits third party funding of litigation in Ireland (due to the old rules of champerty and maintenance). We can expect reform in this area - but probably not by the time the Act commences.
The Bill was signed into law by the President on 11 July 2023 and commenced on 30 April 2024.
The Directive requires the new law to be operational in each Member State by 25 June 2023 at the latest.
The European Commission issued a formal notice to Ireland for lack of transposition in January 2023.
Status
Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 signed into law by the President on 11 July 2023, commenced by SI 181 of 2024 on 30 April 2024
ACT IN FORCE
Useful links
- Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
- SI 181 of 2024 Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (Commencement) Order 2024
- Pre-Legislative Scrutiny Report
- Link to Bill, Explanatory Memo & Oireachtas debates