Courts of Justice
What can the consumer do to be able to defend their rights
It can be done in three ways: intermediationplatforms, consumer arbitration and courts of Justice.
Courts of Justice
claim individually
- If you claim for an amount equal to or less than 2.000 euros, you can file a lawsuit on your own behalf, without the need to be assisted by a lawyer or a solicitor. It is recommended that you duly substantiate the claim by attaching the documentation on which you base your request.
- If the amount for which you claim is greater than 2.000 euros, For most legal proceedings, you will need to use a lawyer and a solicitor. In case of any doubt, it is recommended to go to the legal guidance services of the court that will advise you according to your case.
Claim through an association of consumers and users
The procedures are the same as those cited, except that these associations They enjoy, by law, the benefit of legal aid, so the costs are cheaper
class action lawsuits
They are the ones in which he is involved. a group of consumers affected by conduct harmful to their interests such as abusive clauses, misleading advertising... In these cases, the affected group can address, among others, the following bodies, in order to file the corresponding lawsuit: the Prosecutor, the competent body in matters of consumption in their community Autonomous Community, consumer associations and the National Consumer Institute (for issues that transcend the territory of an Autonomous Community).
Once the claim is filed, the judge makes a public appeal, so that all consumers affected by the denounced business practice can appear in person in the corresponding court. It is even possible that, once a judgment has been issued, on some occasions, other consumers may benefit from it, even when they do not appear from the beginning as plaintiffs, provided that they demonstrate that they have not been able to make the claim at the time prior to the opening of the judicial procedure.