The Settlement of Mass Claims in Collective Actions Act (in Dutch: Wet afwikkeling massaschade in collectieve actie (WAMCA)) entered into force in 2020. The objective of this law is to empower  representative organizations to seek damages or injunctive relief on behalf of the entire class of aggrieved parties. Such cases are complex, often of a cross-border nature, and can have a significant impact on the companies involved. Navigating these complexities requires specialized legal expertise. Wijn & Stael's Class Action Practice Group attorneys not only possess this expertise, they have successfully defended numerous companies, including financial institutions, against mass claims. Does your company need our expertise as well? Our attorneys are here to help.

From declaratory judgment to class action
The WAMCA is the successor to the Collective Settlement of Mass Claims Act (Wet collectieve afwikkeling massaschade (WCAM)), which entered into force in 2005. Under the WCAM, a class representative – one which was usually incorporated as a claims foundation – could seek a declaratory judgment that was binding on the entire class. This typically involved establishing the unlawfulness of a defendant's conduct. Such judgment served as a stepping stone for filing individual or bundled claims as well as for seeking collective settlements. However, the WCAM did not provide a procedural mechanism by which collective damages could be directly claimed on behalf of injured parties, unlike the WAMCA, which does provide for such mechanism.

Binding ruling for the entire class 
A class action under the WAMCA is similar to a US-style class action. In such cases, the court's ruling applies to all individuals or entities within the class, unless they actively opt out of the class action. The WAMCA also imposes additional admissibility requirements regarding the standing of the class representative (e.g. a claims foundation) in terms of governance, funding, and representation.

Your defence in competent hands
With the entry into force of the WAMCA, companies (including financial institutions) are increasingly facing class action lawsuits. This trend is partly driven by the growing access class representatives have to financial backing from litigation funders. 

Our Class Action Practice Group attorneys have in-depth knowledge of the laws and regulations governing mass claims. With their extensive experience in class action litigation, they know exactly where the opportunities lie in your defence strategy and how to minimize the impact on your business.

Our attorneys will:
• advise you on the best legal strategy for an optimal outcome;
• manage the entire process, from pretrial preparations through to litigation;
• guide you in evaluating the considerations involved in a collective settlement;
• negotiate aggressively to secure a satisfactory outcome;
• collaborate with international law firms when your case requires it.

Interested?
Learn more about our Class Action Practice Group attorneys below and contact them for a no-obligation consultation.