The collective protection of consumers

When a defective product, a non-transparent financial service, or an unfair commercial practice causes harm to a large number of people, feeling alone and powerless is a common reaction. However, the Italian legal system offers powerful tools to join forces and obtain justice. Collective action, or class action, represents the way to transform a set of individual complaints into a single, incisive claim for compensation. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci carefully analyzes these situations to assess the feasibility of legal action that can effectively protect the rights of all parties involved.

Collective Action and Class Action: The Regulatory Framework

Collective action is a legal instrument that allows a plurality of consumers or users, holders of homogeneous individual rights, to take legal action with a single lawsuit against a company or entity responsible for an unlawful act. The objective is to obtain compensation for the damage suffered or the refund of undue sums, overcoming the difficulties and costs that individual legal action would entail. The reference legislation, contained mainly in the Consumer Code and the Code of Civil Procedure, establishes the prerequisites and procedures for exercising this form of protection.

The Prerequisites for Taking Legal Action

To initiate collective action, it is necessary that the infringed rights are, precisely, homogeneous. This means that the individual damages suffered by the members of the group must stem from the same cause, such as a production defect in a series of cars, the application of identical unfair terms in thousands of bank contracts, or the dissemination of misleading advertising that has misled numerous consumers. The judge will assess the admissibility of the action in a preliminary phase, verifying the existence of such homogeneity and the absence of conflicts of interest.

The Approach of the Bianucci Law Firm

Undertaking collective compensation action requires not only a deep knowledge of the legislation but also solid strategic and organizational skills. The approach of lawyer Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a rigorous preliminary analysis to determine the feasibility and probability of success of the action. This phase includes gathering evidence, identifying the common legal basis for all injured parties, and assessing the extent of the overall prejudice. The Bianucci Law Firm, located at Via Alberto da Giussano 26, manages every stage of the process with the aim of building a solid case and maximizing the outcome for the entire class of consumers, ensuring clear and constant communication with its clients.

Frequently Asked Questions

What is the difference between collective action and class action?

In common language, the terms are used as synonyms. Technically, "class action" is the model of Anglo-Saxon origin, while the Italian legal system has introduced the "class action" (or collective compensation action) in the Consumer Code and, more recently, in the Code of Civil Procedure. The purpose is the same: to offer collective protection against serial damages.

What types of damages can be compensated with a class action?

Contractual damages can be compensated, such as those arising from defective products or non-conforming services, and non-contractual damages, caused by unfair commercial practices, misleading advertising, or competition violations. The important thing is that the damage is attributable to identical conduct by the professional towards a plurality of consumers.

How much does it cost to initiate collective action?

The costs of collective action depend on the complexity of the case. One of the main advantages of this instrument is precisely the distribution of legal costs among all participating members, making access to justice economically sustainable even in the face of individual damages of modest amount. The firm always assesses the economic conditions transparently before proceeding.

What are the requirements to participate in a class action?

To join a class action, it is necessary to demonstrate that you hold a homogeneous individual right compared to that of other members of the class. This means having suffered the same type of damage due to the same unlawful conduct by the company. It will be necessary to provide documentation proving your position, such as contracts, invoices, or communications.

Evaluation of Your Case in Milan

If you believe you have suffered damage along with other consumers due to the conduct of a company, it is crucial to understand the legal options available to you. Collective action could be the most effective way to obtain fair compensation. Contact the Bianucci Law Firm for an in-depth evaluation of your case. Lawyer Marco Bianucci, with his consolidated experience in damages compensation, will provide a clear and strategic opinion on the actions to be taken.