Thai Class Action: The Consumer Protection Procedure Act

TL;DR

Thailand has class-action procedure under Civil Procedure Code §222/1-222/49 (added by 2015 amendment) for cases involving common questions of law and fact among numerous claimants. The court certifies class on motion of named plaintiff; opt-out notice is published in newspaper(s) and online. The Consumer Protection Procedure Act B.E. 2551 (2008) provides parallel procedures for consumer disputes with relaxed evidence rules.

Class Action Certification

• Numerous claimants impractical to join individually.
• Common questions of law / fact predominate.
• Representative claim is typical.
• Adequate representation.

Notice + Opt-Out

1. Court order to certify.
2. Publication in newspaper(s) + court website.
3. Notice period (commonly 60 days).
4. Opt-out filed during notice period.
5. Class binds non-opt-outs.

Settlement

• Court approval required.
• Fair, reasonable, adequate test.
• Distribution mechanism in settlement order.

Consumer Protection Procedure Act

Common Mistakes

• Filing as individuals when class action would consolidate.
• Inadequate notice reach — opt-out validity challenged.
• Settlement without court approval.

FAQs

1. Recent examples?

Insurance and consumer-product cases; the Office of the Consumer Protection Board sometimes acts as plaintiff representative.

Related Reading

• Civil Law Hub