Landmark Consumer Representative Actions Bill Published

The much-anticipated Representative Actions for the Protection of the Collective Interests of Consumers Bill 2023Opens in new window was published today. The purpose of the bill is to transpose the EU Representative Actions Directive (2020/1828), which was first published in 2018, and to provide for related matters.

This legislation will significantly alter the civil litigation landscape in Ireland by enabling consumers to be represented collectively by "qualified entities" in claims concerning a wide range of consumer-facing industries, including financial services, technology and health. The success of the legislation will, however, depend on the ability of the qualified entities, who are required to be non-profit, to fund mass actions on behalf of consumers. The funding of litigation by third parties remains largely prohibited in Ireland and this was a key concern raised during the pre-legislative scrutiny of the General Scheme of the bill.