Mass claim cases target energy firms and solar panel changes

Photo: DutchNews.nl

Three more consumer class action cases may become a reality in the Netherlands in the coming months—one targeting the big energy companies and one the government over solar panels.

In the first case, lawyer Oscar van Oorschot is considering launching a claim on behalf of tens of thousands of solar panel owners who say they will be hit financially by the government’s decision to change the way excess energy is dealt with.

In 2027, the government plans to stop allowing solar panel owners to deduct the excess energy they produce from their bills. Instead, energy firms will pay them for their supply which is likely to be less money.

In the second and third case, the Eerlijke Handelspraktijken foundation and claim organisation Claimer.nl are preparing to take on energy firms that, they say, have overcharged clients on variable contracts.

Those cases follow a court ruling earlier this week, which said Vattenfall had wrongly made changes to tariffs, leading to higher bills for its customers.

If a mass claim succeeds—and it can take years—part of the damages go to the victims and part to the organisation that has funded the claim.

“Usually, you don’t have to pay anything in advance if you register to support a mass claim,” said Jan Maarten Slagter, a lawyer and head of The Privacy Collective. “If you do have to pay, then I would be extra careful.”

Since legislation allowing mass claims came into force in the Netherlands in 2020, dozens have been filed against big tech companies, including Amazon, TikTok, X Corp, Oracle, and Salesforce, for allegedly breaking privacy rules and illegally selling personal data.

Other cases include a mass claim against Allergan over leaking breast implants and the case against the health ministry for failing to safeguard sensitive data, which was accessed and sold by call centre staff during the coronavirus crisis. Tata Steel, cigarette firms, Schiphol Airport, and Sony have also been targeted.

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