Class Action under Thai Law

A class action is a type of legal proceeding in which a lawsuit is filed on behalf of a large group of people who share common legal claims or grievances. This method allows individuals, often with similar or identical issues, to band together as a single entity, known as a “class,” to sue a defendant or a group of defendants. The primary purpose of a class action is to provide an efficient and economical means for a large number of individuals to collectively address common legal issues, particularly when the cost of individual lawsuits would be prohibitive or impractical for each class member.

In a class action, a few individuals, often referred to as class representatives or lead plaintiffs, pursue the lawsuit on behalf of the entire class. These representatives must adequately and fairly represent the interests of the class, ensuring that the issues they present are typical of the entire group’s grievances. The court plays a crucial role in certifying the class, ensuring that it meets certain criteria such as numerosity (large enough group), commonality (common issues of law or fact), typicality (claims or defenses typical of the class), and adequacy of representation. Once a class is certified, the lawsuit moves forward on behalf of all class members, unless individuals choose to opt out.

The outcome of a class action binds all members of the class, except those who have explicitly chosen to exclude themselves from the class. If the lawsuit is successful, any settlement or judgment awarded is divided among the class members. Class actions are particularly prevalent in consumer rights, environmental issues, securities fraud, and employment-related disputes. They serve as a powerful tool for addressing widespread harm or misconduct, especially against large corporations or entities, by aggregating many similar claims into a single, more efficient legal action.

Thailand introduced class action in 2015. Here’s an article about it:

https://thailawonline.com/class-action-in-thailand/

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