Class action is a case procedure that allows a large number of people or a group of plaintiffs with the same rights deriving from the same facts and legal principle to present a complaint to the Court. The Court, therefore, passes a judgment showing the rights of the plaintiff and the members of the class.
In Ordinary Action, the interested person must join as the party in a case or interplead to be a party in the case after the Plaintiff has filed the lawsuit. The interested person must appear in the court procedure themselves or authorize a representative to appear in the court procedure, which then has corresponding expenses and complications.
On the other hand, Class action only needs the representative of the class to be the Plaintiff. The Plaintiff shall act on behalf of the large number of injured parties. Consequently, it is more convenient than the ordinary action. The court judgment is binding to all the class members. In case a member does not want to be bonded with the judgment, he/she can show the intention to opt-out of the class action within the prescribed period. The prescribed or limitation period ends when the court allows for class action, or when the parties agreed to make a compromise agreement or has agreed to go for arbitration.
A person who opted-out of the class has the right to file a separate lawsuit and pursue individual claims. Moreover, he/she cannot file a motion to intervene or join as a plaintiff in the class action.
According to the Thailand Civil Procedure Code, where there are numerous members of a class, the plaintiff who is a member of the class, may request for a class action on the following cases: