Spanish experts discuss new proposed collective redress bill
Recently, Burford posed questions to litigation experts in Spain on the impact of the Draft Law on Collective Actions (“DLCA”) on Spanish collective redress.
Do you anticipate the implementation of the Representative Actions Directive (“RAD”) via the DLCA as it is currently drafted will provide a suitably robust mechanism for consumers to seek and receive redress?
David Fernández and Juan álvarez Goya: The current draft of the DLCA defends consumers' interests by introducing an opt-out system, which solves the inefficiencies of the existing Spanish legal system. This change ensures broader protection for consumers, allowing them to claim damages that were previously economically unfeasible to claim under the opt-in system due to the relatively minor amounts involved on an individualized basis, despite their high impact on consumers.?