WAMCA Procedure Explained for Rotterdam Residents
The WAMCA procedure (Collective Settlement of Mass Damage Claims Act) helps Rotterdam residents and other Dutch people jointly claim damages from companies or governments causing mass harm, such as defective products or data breaches. Since 1 January 2020, this law provides a clear pathway for collective settlements, with strict requirements for the initiator and strong protections for victims in Rotterdam and elsewhere.
What Does the WAMCA Procedure Mean for Rotterdam?
In Rotterdam, you can use the WAMCA to collectively pursue damages for mass harm cases, such as misleading advertisements or defeat devices in cars. This approach pools claims from individuals to reduce costs and increase success rates, building on collective actions. The procedure is handled exclusively by the Amsterdam District Court, but Rotterdam residents can seek advice from the Rotterdam Legal Aid Office.
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. Compared to the old WCAM (2005), it introduces an opt-in system for consumers and stricter requirements for representative organisations. This strengthens consumer rights in line with EU rules like the Representative Actions Directive, and it is relevant for victims in Rotterdam.
The WAMCA Procedure Step by Step
The procedure follows a fixed sequence. Here are the steps:
- Writ of Summons: A recognised representative organisation (ANBI with representative rights) initiates proceedings at the Amsterdam District Court, providing details on the harm, victims and compensation.
- Hearing: Within 13 weeks, the court assesses admissibility; parties are heard.
- Admissibility Ruling: If approved: publication via media and website. Consumers in Rotterdam have 3 months to opt in.
- Damage Assessment: Settlement binds opt-in participants directly; otherwise, damages are calculated.
- Enforcement and Appeal: Settlement or judgment is enforced; appeal to the Amsterdam Court of Appeal.
It typically takes 1-3 years, depending on the case.
Admissibility Requirements
The court checks five criteria (Art. 7:181 BW):
- Adequate representative organisation.
- Reasonably sufficient interest.
- Mass damage due to breach of liability law.
- No statute of limitations.
- Suitable for collective handling.
If rejected? Individual claims via the Rotterdam District Court remain available.
Rights and Obligations
Rights of Victims in Rotterdam
- Free information via website and publicity.
- Voluntary opt-in (consumers) or opt-out (others).
- Compensation for valid claims.
Obligations of Representative Organisation
- Transparent funding (third-party funding permitted).
- No profit motive; costs borne by defendant.
- Regular updates.
Obligations of Defendant
Cooperate in assessment and claims register.
Practical Examples
Dieselgate Volkswagen: Foundation pursued WAMCA claim for defeat devices; declared admissible in 2021, with many Rotterdam residents joining.
KPN Data Breach: Representative organisation secured settlement for hack victims, including Rotterdam subscribers.
These cases illustrate how WAMCA works for local harm.
WAMCA vs. Old WCAM
| Aspect | WCAM (until 2020) | WAMCA (since 2020) |
|---|---|---|
| System | Opt-out | Opt-in for consumers |
| Initiator | Foundation | ANBI organisation |
| Court | Rotterdam District Court | Amsterdam District Court |
| Damage Claim | Settlement only | Settlement + claim |
| Binding | All | Opt-in participants |
FAQs for Rotterdam Residents
Can I join as a Rotterdam resident without consumer status?
Yes, non-consumers (e.g. SMEs) are bound unless they opt out. Check with the Rotterdam Legal Aid Office or consumer law.
Why not Rotterdam District Court?
Exclusively Amsterdam (Art. 7:184 BW) for expertise. Local matters via Rotterdam District Court or Municipality of Rotterdam.
What does it cost?
Nothing for victims; costs on defendant. No-win-no-fee basis.
Individual claim if WAMCA fails?
Yes, file yourself at Rotterdam District Court; mind the statute of limitations.
Tips for Rotterdam Residents
- Keep an eye on news about mass damage via local media.
- Contact the Rotterdam Legal Aid Office for free advice.
- Join opt-in on time.
- Check with the Municipality of Rotterdam for related reports.