Class Action Lawsuit in Thailand is a relatively recent development. It considers the public interest and is used only for civil cases. Thailand has outlined class action lawsuit in the Civil Procedure Code, Section 4, from Section 222/1 to Section 222/49 and the provisions of the President of the Supreme Court regarding class action lawsuit B.E. 2559, which state that the main principle of class action lawsuit is “a case where there are at least 2 or more injured parties who have suffered damage from actions based on the same facts and law, and the injured parties do not all need to be plaintiffs themselves.” Common types of such cases include tort cases, contract cases, and cases involving claims under various laws such as environmental, consumer protection, labor, or securities and exchanges laws.
In practice, class action lawsuit in Thailand is more complicated than the civil litigation. In civil cases, once the plaintiff files a complaint, the court will issue an order accepting the complaint and set a hearing date. However, in class action litigation, a “motion for class action certification” must be filed along with the complaint in accordance with the President of the Supreme Court’s provisions on class action lawsuit, B.E. 2559, Chapter 2. These provisions also give the defendant the right to object to the complaint, preventing the plaintiff from proceeding with the class action. This leads to a hearing process, which takes additional time for consideration. Furthermore, both parties have the right to appeal the trial court’s order, prolonging the pre-trial process even further. For instance, in the event that representative of the consumers files class action lawsuit against a mobile phone company for overcharging, the class action was filed in June 2018. However, in November 2021, the Court of Appeal ordered the dismissal of the class action request and directed the lower court to proceed with the case as a regular lawsuit. The time span from filing the lawsuit to the Court of Appeal’s order took more than 3 years, during which the conditions of the case were reviewed to determine if it would be accepted as a class action. There had been no in-depth examination of the witnesses or the substance of the case. This example illustrates the practical difficulties in class action litigation in Thailand, where there are numerous obstacles that force the injured parties who decide to pursue a class action to bear higher costs and greater risks in terms of time spent compared to those who pursue the civil litigation.
The advantage of class action litigation is that all the plaintiffs in the same case will receive compensation equally, as the damages are based on the same facts and legal principles. Additionally, it enhances the bargaining power of the plaintiffs, as it encourages the offender to negotiate with the plaintiffs to avoid facing a class action lawsuit. However, there are disadvantages in the process before the court orders a class action, as the offender can oppose the plaintiffs’ request for a class action. If you have suffered damages, whether due to a tort or a breach of contract, and there are more than two plaintiffs in that case, and you are unsure whether you can exercise the right to a class action lawsuit, it is advisable to consult a lawyer to assess the initial risks and to explore the options available for you to pursue the case for maximum benefit.