WAMCA Procedure Explained for Residents of Den Haag
The WAMCA procedure (Act on the Settlement of Mass Damage in Collective Actions) offers consumers and others in Den Haag a collective route to claim damages from companies or governments causing large-scale harm. Since January 1, 2020, this act provides a clear process for handling mass claims, with strict requirements for the initiator and strong protections for victims such as residents of Den Haag.
What Does the WAMCA Procedure Entail for Den Haag?
Under the WAMCA, residents of Den Haag and elsewhere pool claims for mass damage, such as defective products, false advertising, or data breaches. This reduces costs and increases impact compared to individual cases. It builds on collective actions and mass claims. The procedure is handled exclusively by the Amsterdam District Court. For local advice as a resident of Den Haag: contact the Juridisch Loket Den Haag.
Legal Basis
The WAMCA is set out in Title 3A of Book 3 of the Dutch Civil Code (BW), articles 7:178 to 7:191 BW. Changes compared to the WCAM (2005) include an opt-in system for consumers and stricter rules for representative organizations. This strengthens consumer law, in line with EU rules such as the Representative Actions Directive.
WAMCA Procedure in Steps
The settlement follows a fixed pattern. Here are the chronological steps, relevant for residents of Den Haag:
- Summons: A certified representative organization (ANBI with representation rights) initiates proceedings at the Amsterdam District Court, providing details on the damage, victims, and claim amount.
- Hearing: Within 13 weeks, the court assesses admissibility; parties present their arguments.
- Admissibility Decision: If approved: announcements in media and online. Consumers from Den Haag have 3 months to opt in.
- Damage Assessment: Agreement binds opt-in participants; otherwise, calculation is done individually or collectively.
- Enforcement and Appeal: Agreement or judgment is enforced; appeal to the Amsterdam Court of Appeal.
It often takes 1-3 years, depending on the case.
Admissibility Requirements
The Amsterdam District Court checks five criteria (art. 7:181 BW):
- Adequate representative organization.
- Sufficiently representative interest for hearing the case.
- Mass damage caused by breach of liability law.
- No statute of limitations or laches.
- Suitable for collective settlement.
Rejected? Individual claims via the Den Haag District Court remain available.
Rights and Obligations
Rights of Victims in Den Haag
- Free information via website and publicity.
- Opt-in for consumers; non-consumers are bound unless they opt out.
- Compensation for valid claims.
Obligations of Representative Organizations
- Transparency on funding (third-party funding allowed if disclosed).
- No profit; costs borne by defendant.
- Regular online updates.
Obligations of Defendants
Cooperate with claims and maintain a register.
Practical Cases
Case 1: Volkswagen Dieselgate. Stichting Auto’s met Roetfilters secured admissibility in 2021; thousands, including from Den Haag, claimed via WAMCA.
Case 2: KPN Data Breach. Representative organization quickly arranged a settlement for hack victims, including residents of Den Haag.
Ideal for local consumer damage.
WAMCA versus WCAM
| Aspect | WCAM (until 2020) | WAMCA (since 2020) |
|---|---|---|
| System | Opt-out | Opt-in for consumers |
| Initiator | Foundation | ANBI organization |
| Court | Rotterdam | Amsterdam |
| Damage Claim | Settlement only | Settlement + claim |
| Binding | All | Opt-in participants |
Frequently Asked Questions for Den Haag
Can I participate as a resident of Den Haag without consumer status?
Yes, non-consumers (e.g., SMEs in Den Haag) are bound unless they opt out. Check consumer law or the Juridisch Loket Den Haag.
Why not the Den Haag District Court?
Exclusively Amsterdam (art. 7:184 BW) for expertise. Local cases via the Den Haag District Court.
Costs for participation?
None for you; defendant pays. Organizations use no-win-no-fee.
Individual claim if WAMCA fails?
Yes, file yourself at the Den Haag District Court; watch statute of limitations. Seek help from the Municipality of Den Haag or legal aid office.
Tips for Residents of Den Haag
- Follow local news via the Municipality of Den Haag and national media for WAMCA cases.
- Contact the Juridisch Loket Den Haag for free advice on opting in.
- Check if your damage fits mass claims.
- Document everything for potential claims.