WAMCA Procedure Explained for Rijswijk Residents
The WAMCA procedure (Act on the Settlement of Mass Damage in Collective Actions) provides residents of Rijswijk and other Dutch citizens with a collective legal avenue to recover damages from companies or governments in cases of mass harm. Since January 1, 2020, this law ensures a clear settlement process, with protections for victims and requirements for the organizing entity. For advice in Rijswijk: contact Het Juridisch Loket Rijswijk.
What Does the WAMCA Procedure Entail for Rijswijk Residents?
This procedure enables Rijswijk residents to jointly file claims in cases of mass damage, such as defective products, false advertising, or data breaches. It consolidates cases for lower costs and greater impact, building on existing collective actions. The procedure is handled exclusively by the District Court of Amsterdam, but local support is available through Het Juridisch Loket Rijswijk or the Municipality of Rijswijk for preparation.
Legal Basis
The WAMCA is set out in Title 3A of Book 3 of the Dutch Civil Code (DCC), articles 7:178 to 7:191. Compared to the former WCAM (2005), it introduces an opt-in system for consumers and stricter requirements for representative organizations. It strengthens consumer protection in line with EU rules, such as the Representative Actions Directive.
The WAMCA Procedure in Steps
The settlement follows a fixed process. Here are the steps:
- Summons: A recognized representative organization (ANBI with representative rights) initiates proceedings at the District Court of Amsterdam, providing details on the damage, victims, and compensation.
- Oral Hearing: Admissibility review within 13 weeks, including hearings for the parties.
- Admissibility Decision: If approved: publication and website setup. Rijswijk residents have 3 months to opt in.
- Damage Assessment: Settlement binding on participants; otherwise, a procedure to determine the amount.
- Implementation and Appeal: Execute the settlement or judgment; appeal to the Court of Appeal of Amsterdam.
Duration: typically 1-3 years.
Admissibility Requirements
The court assesses five criteria (art. 7:181 DCC):
- Adequate representative organization.
- Reasonable sufficient interest.
- Mass damage caused by a breach of liability rules.
- No expiration of limitation period.
- Suitable for collective handling.
Rejected? Individual claims via the District Court of Rijswijk remain available.
Rights and Obligations
Rights of Victims in Rijswijk
- Free information via website and media.
- Voluntary opt-in (consumers) or opt-out (others).
- Compensation upon proof.
Obligations of Representative Organizations
- Transparent funding (third-party funding permitted).
- No profit; costs recovered from defendant.
- Publish interim updates.
Obligations of Defendants
Cooperate in assessments and claims register.
Practical Examples
Dieselgate Volkswagen: Foundation pursued claims under WAMCA for emissions cheating software; declared admissible in 2021, with thousands of opt-ins including Rijswijk residents.
KPN Data Breach: Collective action led to a swift settlement for hacking victims.
Demonstrates effectiveness for local consumers.
WAMCA vs. WCAM
| Aspect | WCAM (until 2020) | WAMCA (since 2020) |
|---|---|---|
| System | Opt-out | Opt-in for consumers |
| Initiative | Foundation | ANBI organization |
| Court | Rotterdam | Amsterdam |
| Damage Claim | Settlement only | Settlement + claim |
| Binding | All | Opt-in participants |
Frequently Asked Questions
Can I as a Rijswijk resident without consumer status participate?
Yes, non-consumers (e.g., SMEs) are bound unless they opt out. Check with Het Juridisch Loket Rijswijk.
Why not the District Court of Rijswijk?
Exclusively Amsterdam for expertise (art. 7:184 DCC). Local cases go to the District Court of Rijswijk.
Costs for participation?
Free for you; recovered from defendant. No-win-no-fee for the organization.
Individual claim if WAMCA fails?
Yes, file yourself at the District Court of Rijswijk; mind the limitation period.
Tips for Rijswijk Residents
- Keep an eye on news about mass damage via local media or the Municipality of Rijswijk.
- Contact Het Juridisch Loket Rijswijk for a free intake.
- Opt in promptly via the official website.
- Carefully preserve evidence.