PORTUGAL Trends and Developments Contributed by: Rita Samoreno Gomes, Petra Carreira and Maria Berta Jerónimo, PLMJ
of a class action for consumer protection, judgments must define the criteria for: • identifying consumers who have suffered damage; and • quantifying the damage suffered by each individual thus identified. Publication obligations Final judgments (including those approving settle- ments) are published on the defendant’s website and in two newspapers (or other means of communication chosen by the court). The losing party bears the cost of this publication. This amplifies reputational expo- sure. Common Lines of Defence A summary of common procedural defences: • lack of jurisdiction of the Portuguese courts; • failure of prior consultation in injunctive consumer actions; • limitation arguments; • absence of interests covered by the class action regime; and • lack of standing (especially for consumer associa- tions). Substantive defences often include: • no unlawful conduct or competition infringement; • no loss or causation; and • pass-on (in competition claims). Costs and Funding Cost profile Bringing class actions in Portugal involves relative- ly low costs, payable at final judgment. If a claim is fully or partly successful, claimants are exempt from court costs and defendants pay as in any other civil proceedings. If fully unsuccessful, claimants may be ordered to pay only 10–50% of typical civil costs, in consideration of the claimant’s economic situation and the reasons for the claim’s failure. Third-party funding One of the most significant new legislative innova- tions is the express provision in the Consumer Pro-
tection Class Actions Act allowing third-party funding. Since 2020, funded claims have increased markedly. Intensive debate continues over whether funders may receive unclaimed damages Current Landscape In recent years, consumer associations – often act- ing on their own initiative – have increasingly brought class actions against both multinational and domes- tic companies, especially in the fields of competition, privacy, and consumer protection law. Many of these cases mirror or follow the pattern of class actions filed in other jurisdictions. Most of the class actions in Por- tugal emerge in sectors outlined below. Competition/antitrust • Several class actions against Big Tech companies and platforms for anticompetitive practices (2022). • A class action against a prominent gaming com- pany for pricing conduct (2023). • Class actions against telecommunications provid- ers for anticompetitive practices (2023). • Class actions against 12 banks in Portugal follow- ing a competition authority decision confirmed by the CJEU (2024). Privacy and data protection • A class action against a leading health app on non-consensual sharing of personal and sensitive information (2023). • A class action against a programmatic advertising technology company for unlawful collection, pro- cessing, and sharing of users’ data (2023). • Class actions against a global entertainment plat- form for misleading ads and mishandling of user data (2023). Automotive • Class actions against two automotive manufactur- ers for the use of illegal defeat devices (2021). Aviation • Six class actions against several airlines for unfair commercial practices (2022-2024). Consumer/market-specific compliance • Class actions against marketplaces and platforms, for failure to provide electronic complaint mecha-
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