As debate continues around the future of collective redress in the UK, new polling commissioned by disputes firm Hausfeld has provided fresh insight into one of the biggest practical challenges facing opt-out proceedings: public participation.
The polling was carried out to inform Hausfeld’s submission to the Scottish Civil Justice Council’s review of wider opt-out collective proceedings. It explores how consumers actually behave when presented with different collective action models.
The findings reinforce an increasingly important point for the UK collective actions market. Designing an effective legal framework is only part of the challenge. Ensuring people understand it and engage with it is equally vital.
Public support grows once people understand the model
One of the clearest findings is that attitudes towards opt-out proceedings change significantly once people understand how they work.
The research found:
- 65% supported introducing wider opt-out collective proceedings
- After a simple explanation of the difference between opt-in and opt-out, 71% said they would rather be included in a claim automatically than have to sign up themselves
- 72% said they would remain in the claim if automatically included, while only 3% said they would opt out.
By contrast, where consumers had to actively opt in:
- Only 17% said they would definitely sign up
- Almost one-third were unsure whether they would participate.
While the research relates to Scotland, the behavioural insights are relevant far beyond one jurisdiction. They illustrate why opt-out mechanisms are often seen as improving participation by removing the need for consumers to take proactive steps at the outset.
Awareness remains the bigger challenge
The research also exposed a significant gap between recognition and understanding. While 62% of respondents had heard of collective legal actions, 38% had not heard of them at all. And only 34% said they understood well how such claims work.
Those findings matter.
Even in an opt-out system, individuals will usually still need to take action if compensation becomes available, whether by verifying eligibility or submitting a payment claim.
Low awareness and limited understanding are therefore likely to remain practical barriers to successful redress, regardless of how proceedings are structured.
The findings align with wider industry experience
These results reflect broader trends already emerging across the UK’s collective actions regime.
Recent discussion has increasingly focused on participation rates, claimant engagement and compensation distribution. As we’ve explored previously, legal success does not automatically translate into meaningful consumer outcomes if eligible class members never engage with the compensation process.
The Scottish research provides empirical support for that debate.
It suggests that improving participation is not simply about creating new legal mechanisms. It also requires clear communication, consumer education and sustained public awareness throughout the lifecycle of a claim.
Communication channels matter
The research also explored where consumers expect to hear about collective proceedings.
Respondents said they would be most likely to learn about them through:
- Consumer rights websites
- Television news
- Online news websites
- Recommendations from family and friends.
The findings suggest that effective claimant engagement is likely to require multiple communication channels rather than reliance on a single source of information.
What this could mean for the wider UK market
Although the research was commissioned in support of Scotland’s review, its significance extends beyond Scottish procedure.
The Law Commission of England and Wales is currently examining whether a broader consumer class actions regime should be introduced. Among the issues it is specifically considering are access to redress and how damages are successfully distributed to affected consumers.
Against that backdrop, evidence about consumer behaviour is becoming increasingly valuable.
If future collective redress regimes are designed around how people actually engage with claims—not simply around legal process—issues such as awareness, communication, participation and distribution are likely to play a much greater role than they have historically.
The conversation is shifting
For claimant firms, funders and class representatives, the Scottish research is another reminder that the future of collective actions is not solely about certification, liability or settlement value. It is increasingly about whether the people a claim is brought on behalf of understand that it exists, recognise that it may affect them, and know what action—if any—they need to take.
If your firm is considering how claimant awareness, communication or participation could support a current or future collective action, Join the Claim is always happy to have an informal conversation.
