At present Ireland does not have a sophisticated consumer collective action regime.

What is the most common type of collective action you are seeing?

Some of the most common multi-plaintiff claims currently involve financial product mis-selling, follow-on damages claims in competition law, personal injuries claims in relation to medical devices and the misreading of cervical screening results and business interruption policy cover for COVID-19 related losses. There are some impending collective actions based on data protection claims.

What are the various ways a group could bring a collective action?

Representative actions and test cases.

If collective actions are permitted, are these opt-in or opt-out actions?

Opt-in

Does the law currently provide for private collective actions by consumers?

But there are several limitations. For example, a consumer cannot bring a claim in tort.

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

The usual remedies can be claimed but punitive or exemplary damages are rarely awarded.

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

But these bodies are not allowed to bring cross-border claims.

Is third party funding of litigation permitted?

Is litigation funding permitted for collective actions?

Are consumer groups and law firms allowed to advertise the collective actions they are running?

The law is tightly regulated in this area.

Is there a formal mechanism to settle actions on a collective basis?

If a trader loses a collective action does the law require the trader to publicise this?

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.