Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Declaration by consumer concerning compensation | ||
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25. (1) A consumer who has notified a qualified entity of his or her request to be represented in accordance with section 24 shall sign a declaration provided to him or her by the qualified entity, which declaration shall confirm— | ||
(a) that he or she has not previously received compensation from the same trader for the same cause of action, and | ||
(b) that he or she has been informed that receiving compensation in relation to this representative action concerned will preclude him or her from receiving any other compensation from the same trader for the same cause of action. | ||
(2) Where a consumer has signed a declaration in accordance with subsection (1), he or she shall be bound by the outcome of the representative action to which that declaration relates. | ||
(3) Where a consumer has not signed a declaration in accordance with subsection (1), he or she may bring an action against the trader for the same cause of action but shall be precluded from benefiting from any redress measures under section 26 in the representative action concerned. | ||
(4) A qualified entity shall— | ||
(a) when the representative action is deemed admissible, provide a trader with a list of the names of the consumers who have notified their request to be represented in the representative action and have signed a declaration in accordance with subsection (1), and | ||
(b) at the end of the representative action, provide a trader with a list of the names of the consumers who are eligible to receive redress where such consumers have not obtained compensation through other means for the same cause of action. |