New poll shows support for opt-out claims

The Scottish Civil Justice Council's proposal to broaden consumer access through opt-out group claims has received considerable backing from the public, according to new polling data. Conducted across Scotland, the survey revealed that over two-thirds of respondents support the idea of allowing opt-out collective legal claims. Under this system, individuals would be automatically included in collective actions unless they explicitly choose to opt out, contrasting with opt-in claims that require individuals to sign up actively. The polling included responses from a nationally representative sample of 1130 Scots.

The results showed a clear preference for opt-out mechanisms; 71% indicated they would rather seek compensation automatically rather than participate in an opt-in claim. Furthermore, nearly three-quarters, or 72%, stated they would remain part of an opt-out claim if included. These figures indicate strong endorsement for opt-out claims, with 65% believing that Scotland should introduce such forms of collective legal actions, while only 8% opposed the idea.

However, the survey also highlighted gaps in awareness, with a significant portion of the public unfamiliar with collective claims and only about a third expressing a solid understanding of how they function. This suggests that effective communication about any potential opt-out regime is necessary to ensure that consumers are informed.

Scott Campbell, Head of Competition Disputes and Partner at Hausfeld, emphasised the importance of these findings, stating that “The Scottish public has made it clear that it wants greater and fairer access to collective redress, improved corporate compliance, and recognises that an opt-out collective actions regime can help deliver both.”

The Scottish Civil Justice Council plans to release its proposals soon, which could expand opt-out claims beyond competition law to encompass a wider array of legal areas, including consumer protection and environmental actions. The development of opt-out claims in Scotland could prove to be a vital tool in ensuring fairness and proper corporate accountability, reflective of recent successes observed in other jurisdictions.

The current competition regime in the UK has shown positive results, as demonstrated by landmark cases, including Kent v Apple, which saw significant compensation awarded to consumers, totalling up to £1.5 billion. Such precedents highlight the potential effectiveness of opt-out claims in securing redress for individuals who may not have thought to pursue legal actions individually.

As Scotland contemplates these important legal reforms, integrating effective communication strategies will be critical to augment public understanding and engagement with opt-out claims if implemented.