A group action claim arises when people – sometimes even thousands or millions of people – have been affected by the same data breach. A group action can be initiated even if the victims of the offence have experienced different levels of harm (e.g. if some people had their email addresses stolen, while others had their credit card details compromised).
Group action cases are sometimes called class actions, collective redress actions, multi-claimant or multi-party actions.
With a group action, the people affected by the breach (the claimants) collectively seek compensation from the defendant – either through settlement or an award in the High Court of Justice.
What is a representative action?
A representative action is a type of group action. Representative actions are launched when a group of people are affected by the same issue and have experienced the same level of harm.
Representative actions tend to be used in straightforward mass data privacy scenarios. For example, where customers of a company have all had their email addresses stolen.
In representative actions, one solicitor will represent all clients. A judge will decide who this solicitor is. Because of our unique experience in data breach group actions, we expect that Keller Lenkner UK’s data breach solicitors will be appointed as the representative in many future actions.
In representative actions, one member of the action will typically sue on behalf of themselves and the rest of the group.