Class action claim forms: when exercising your rights becomes too difficult

Author

Isabelle Durand, Maryse Guénette, Stéphanie Poulin

Organization

Option consommateurs

Published

2010

Summary

To understand why, too often in the context of consumer class actions, only a small number of members fill out the forms that are supposed to be returned for the purposes of making a claim, identifying best practices, making recommendations for improving these forms, and raising awareness among practitioners in the field of class actions in order to better equip them. These were the objectives of this research.

Option consommateurs (OC) began by conducting a literature search. This led to the realization that few authors have dealt specifically with class action claim forms, but that several of those who referred to them indirectly judged the forms to be as difficult to understand as they were to fill out. Some also commented on the seriousness of this situation.

Authors and participants alike that OC spoke with in their interviews stated that it was important that the forms be concise and written in plain language. They made several suggestions for improving this state of affairs. Their suggestions included adapting each form to the specific class action it is related to, avoiding legal jargon, allowing members to file their claims without providing proof of purchase, improving distribution and increasing the means available to members for submitting the form (while retaining mailing, as this was the traditional method most often used).

Subsequently, OC asked experts to carry out an analysis of 39 forms related to 31 class actions in consumer law. They each identified the best and worst practices and also proposed ways of improving things.

This research led to the realization that most of the time the claim forms used in the context of class actions are extremely difficult to understand for people who have no legal knowledge. And because of this, many members of class actions never claim the compensation that is their due, which results in their being deprived of access to justice.

OC believe that the content of this report (particularly the analytical framework presented within it) will assist practitioners when they have to produce claim forms. OC are convinced, however, that it will never replace the assistance that a professional writing or readability expert could provide. These people, who have as many years of university training as lawyers and judges, have their own specialty: that of communicating complex content simply.

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OCA Funded Research
This research received funding support through the Office of Consumer Affairs' Contributions Program.

Contact information

Source: Consumer Policy Research Database