Consumer Representative Actions Take Shape – But Who Will Pay?

Consumer-facing businesses, particularly those operating in sectors which are subject to EU regulation, are bracing themselves for a potential increase in consumer litigation following the publication of the General Scheme of Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022 (the "Scheme").

Background

Ireland has been moving closer to the introduction of a form of consumer class action since the draft Representative Actions Directive¹ (the "Directive") was published in 2018 and we have been carefully monitoring its progress since then. See our previous updates here and here for further commentary.

The implementation of the Directive will fundamentally alter the commercial litigation landscape in Ireland, and across Europe, by enabling consumers to act collectively and harmoniously in claims concerning a wide range of consumer-facing industries, including financial services, technology and health. The new mechanisms