When something goes wrong, knowing what legal protections you have is crucial. Whether it’s a faulty product, a misleading financial service, or an unfair contract, understanding consumer rights gives you the power to take action.
Often, these issues affect thousands of people. This is where group litigation comes in – allowing consumers with grievances against the same company or product to unite and hold those responsible accountable. In this guide, we’ll break down your consumer rights and show how group litigation can help you fight back.
What are your consumer rights?
In the UK, consumer rights are protected by several key pieces of legislation – designed to ensure products and services are safe, contracts are fair, and businesses deliver what they promise. You have the right to redress when things go wrong, or you’re treated unfairly. This includes problems with:
- Credit and store cards
- Faulty goods
- Counterfeit goods
- Poor service
- Contracts
- Builders
- Rogue traders
The right to safe products
Under UK law, all products sold to consumers must be safe for use. This means manufacturers and retailers are legally required to ensure their products meet safety standards and do not pose any risk to consumers when used correctly. If a defective product causes harm, you have the right to seek compensation.
EXAMPLE
If you purchase a kitchen appliance that catches fire due to faulty wiring, you are entitled to a refund, replacement, or repair, and potentially further compensation if you suffer injury or property damage.
The right to honest advertising
Consumers have the right to receive accurate information about the products and services they purchase. The law protects against false advertising and misleading claims that may influence someone’s decision to buy. If a product is not as described or does not perform as advertised, you may be entitled to a refund or other compensation.
EXAMPLE
If a company advertises a laptop with a specific battery life that falls far short of what was promised, this could be grounds for a claim under consumer law.
The right to fair contracts
Contracts between businesses and consumers must be fair and transparent. The Consumer Rights Act 2015 ensures terms and conditions in contracts are clear, reasonable, and not designed to unfairly disadvantage the consumer. This protects against hidden fees, unfair penalties, and other practices that could exploit consumers.
EXAMPLE
If a broadband provider imposes excessive charges for cancelling a contract early without clarifying these fees upfront, this could be considered an unfair contract term.
Remedies for defective goods
If a product is defective or not fit for purpose, consumers have the right to seek a refund, repair, or replacement. The law provides protections covering various issues, from poor quality and faulty products to services not carried out with reasonable care.
EXAMPLE
If you buy a car that breaks down shortly after purchase due to manufacturing defects, you may be entitled to a refund or a replacement vehicle.
How group litigation protects consumer rights
Group litigation helps consumers seek justice when many people are affected by the same issue and the matter is not resolved to their satisfaction. The collective strength of this type of legal action often increases the chances of a favourable outcome and helps hold companies accountable.
How it works
In group litigation, consumers who have suffered similar losses or damages join together under one unified legal action. A law firm files the case on behalf of all the claimants. This approach saves time and reduces costs for each individual, as the expenses are shared among the group. Even better, many group claims are run on a no-win, no-fee basis.
The collective power of group actions also acts to deter companies that might otherwise neglect their legal obligations.
Common group litigation cases
Group litigation is particularly effective in cases where widespread consumer rights violations occur. Below are some common scenarios where group litigation can help protect consumer rights:
- Faulty products: When defective products, like unsafe vehicles or household appliances, cause widespread harm, group litigation helps consumers seek compensation collectively.
- Financial mis-selling: Group litigation can hold financial institutions accountable when they mislead consumers about products such as loans or insurance policies. By uniting, affected individuals can challenge large banks and institutions that engage in misleading practices.
- Data breaches: Data protection violations have become increasingly common. Group litigation allows consumers to take action together if a company fails to protect customer data, resulting in identity theft or other damages.
Steps for consumers to join group litigation
If you believe your consumer rights have been violated and you’re considering joining a group action, here’s how to begin the process:
1. Find a claim
Whether you’ve been affected by a defective product, an unfair business practice, or a data breach, finding out if others are pursuing a claim for you to join is crucial. Join the Claim lists active group actions on its website, allowing you to explore cases that align with your circumstances. You can also sign up for updates to stay informed about new claims.
If the action you want to join isn’t there, it might be worth contacting a consumer-rights law firm to start one.
2. Check your eligibility
Once you’ve found a relevant claim, the next step is to determine your eligibility. This involves checking whether your circumstances match the criteria for the group action. For example, if you’re joining a group action related to a defective product, you may need to prove you purchased the product within a certain timeframe and experienced similar issues as other claimants.
Join the Claim offers a handy online eligibility checker to simplify this process.
3. Join the Claim
If eligible, you’ll be asked if you’d like to join the group action. Once signed up, legal experts will help you build a strong case. They may ask for evidence to support your claim, such as receipts, contracts, communications with the company, and any other documentation that shows how you were affected. Any evidence you can provide will help strengthen your claim.
For example, if you’re joining a group action for a data breach, evidence might include notifications from the company about the breach and documentation showing any financial impact you’ve experienced.
Once you’ve joined an action, the law firm running the claim will manage the case and work to seek justice for you and the rest of the group.
Real-life examples of consumer rights group litigation cases
To help you better understand consumer rights, and how group litigation can help hold large corporations accountable for illegal practices, here are some notable cases: *:
Dieselgate: emissions scandal
The Dieselgate scandal is one of the most high-profile environmental and consumer rights cases in the world. It involves multiple car manufacturers, including Volkswagen, BMW, Peugeot, Citroen, Ford, Volvo, Nissan, Renault, and others. These companies were accused of installing “defeat devices” in their diesel vehicles to manipulate emissions tests, leading to much higher pollution levels than legally permissible under real-world conditions.
In the UK, thousands of consumers who bought these vehicles are pursuing group litigation. They believe they were misled by false advertising promising low emissions and eco-friendly performance. Claimants seek compensation for financial losses, including diminished vehicle value and higher running costs.
Johnson & Johnson talcum powder cancer claim
Following successful actions in the US, there is an ongoing legal claim against Johnson & Johnson regarding its talcum powder products in the UK. Talcum powder has been linked to various cancers, such as ovarian cancer and mesothelioma, due to possible contamination with asbestos.
A group litigation case is helping individuals who regularly used talcum powder and were later diagnosed with these cancers. This collective action seeks compensation for the medical costs, pain, and suffering caused by the product.
23andMe data privacy violation
A data hack at genetics testing company 23andMe has affected millions of users in the UK. Consumers have initiated group litigation seeking compensation for the breach which exposed their sensitive personal information. Through group action, victims are seeking financial compensation for emotional distress and potential identity theft risks.
Batterygate’ iPhone performance throttling
Apple is accused of selling older iPhones with defective batteries. Rather than recalling the phones, Apple tried to hide the problem with software updates that slowed them down. The scandal has been named “batterygate.”
Group litigation has been launched on behalf of affected iPhone users. The claim argues Apple should have been transparent about the performance management feature and offered free battery replacements instead of encouraging consumers to upgrade. Apple lost a legal bid to block a UK mass action lawsuit against it.
Mis-sold car finance
Several group litigation claims involve mis-sold car finance agreements, particularly those purchased with Personal Contract Purchase (PCP) deals. Consumers allege dealerships failed to disclose how commissions and incentives influenced the interest rates offered to buyers, leading to unfairly high costs.
Understanding consumer rights: what should you do now?
Finding a claim to join is the first step if you believe your consumer rights have been violated.
Check out the live group actions on Join the Claim to see if an action is relevant to your situation. You can also check your eligibility against multiple active claims using one simple online form.
Don’t let consumer rights violations go unchecked! Join the Claim to recover what you’re owed and fight for fair practices.
*The claim examples highlighted are for illustrative purposes only, and may not represent the exact legal grounds of the ongoing and settled claims.