Finland

At present the Finland does not have a sophisticated consumer collective action regime.

What is the most common type of collective action you are seeing?

There have not yet been any cases of collective actions in Finland.

What are the various ways a group could bring a collective action?

In Finland, legal proceedings can be initiated as either representative action or a collective action. A representative action can be used to request the prohibition of a business practice. A collective action seeks compensation for damages incurred by consumers.

If collective actions are permitted, are these opt-in or opt-out actions?

There is both opt-in and opt-out systems. It depends on which type of action is brought.

Does the law currently provide for private collective actions by consumers?

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A representative action can be brought on behalf of consumers by an authorized entity, such as a consumer organization or a statutory authority. However, a consumer organization may only file such an action if it has been designated as an authorized entity by the Ministry of Justice.

A collective action can be initiated by an authorized entity defined by law, such as a consumer organization or the Consumer Ombudsman.

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed? 

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Any form of relief can be claimed. Punitive damages are not available

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

Cross-border actions can be initiated in other EEA countries when the legal requirements are met.

Is third party funding of litigation permitted?

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Yes, but the market is not well developed.

Is litigation funding permitted for collective actions?

 

However, the law imposes certain conditions regarding funding, such as that an external funder must not be a competitor of the defendant in the collective action or dependent on the defendant.

Are consumer groups and law firms allowed to advertise the collective actions they are running?

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Law firms can advertise the actions they are running if certain preconditions are met. 

Is there a formal mechanism to settle actions on a collective basis?

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The rules relating to civil settlements apply to collective actions. The settlement is binding on the consumers who are registered as members of the consumer group..

If a trader loses a collective action does the law require the trader to publicise this? 

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However, the authorities required by law and the organization designated as an authorized entity must inform the public on their websites about the representative actions they have initiated, their stages of proceedings, and the decisions made as a result.

The claimant must provide information on their website about planned and filed collective actions, the stages of the collective actions, and the conclusion and outcome of the proceedings.

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

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However, the Market Court of Finland, when prohibiting a business from continuing or repeating a practice that violates regulations protecting the collective interests of consumers, may impose a conditional fine to enforce the prohibition.