Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Notification to be represented by qualified entity for redress measures | ||
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24. (1) A consumer who is ordinarily resident in the State or habitually resident in another Member State and— | ||
(a) is or has been affected by an alleged infringement by a trader, and | ||
(b) requests to be represented by a qualified entity in a representative action for redress measures against that trader for the specified alleged infringement, | ||
shall so notify the qualified entity concerned in the prescribed manner. | ||
(2) A consumer referred to in subsection (1) may notify the qualified entity at any time until the case has been deemed admissible by the Court in accordance with section 19 . | ||
(3) A qualified entity shall, in the prescribed manner, inform any consumer who has notified the qualified entity under subsection (1) of any determination made by the Court in respect of which that consumer is affected, relating to— | ||
(a) admissibility of the representative action in accordance with section 19 , or | ||
(b) the outcome of the determination of admissibility of the representative action. | ||
(4) A consumer who has not notified the qualified entity in accordance with this section shall not be represented by the qualified entity in the representative action and shall not be entitled to benefit from the redress measures granted by the Court in respect of that representative action. | ||
(5) Where a consumer no longer seeks to be represented by the qualified entity in any representative action for redress, he or she shall notify the qualified entity in the prescribed manner and shall not be entitled to benefit from any redress measures granted by the Court in respect of that representative action. | ||
(6) A qualified entity shall inform the Court of any notification made by a consumer in accordance with subsection (5). | ||
(7) A consumer who has notified the qualified entity of his or her request to be represented in accordance with this section and has paid such entry fees as may be required by the qualified entity in accordance with section 29— | ||
(a) shall be bound by the outcome of such representative action, | ||
(b) shall not be represented in any other representative action with the same cause of action against the same trader, and | ||
(c) may not bring an action individually with the same cause of action against the same trader. |