A Behavioural Perspective on Collective Reddress
(2015) Collective Redress in Europe: Why and How? — ISBN: [9781905221561], p. 47-57, published
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- Abstract
- (en) There is abundant behavioural evidence that inertia biais is very powerful: we tend to stick to the default option, even when it would be easy and cost nothing to choose a different option available to us. Legislators know this. For example, some countries make organ donation a default option and those who do not want to be donors have to opt out. Others choose to make organ donation an opt-in choice. The result is a massive difference in the proportion of organ donors in the population. We know that if we want something to happen, it is better to set it as a default. Yet, when it comes to collective redress, the Commission recommends an opt-out model. This is good evidence that those who do not want class actions to happen in Europe have so far won the lobbying game. In this paper, I argue that this is the wrong way to go and Europe should embrace an opt-out model for class actions.
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Citations
Sibony, A.-L. (2015). A Behavioural Perspective on Collective Reddress. In Eva Lein, Duncan Fairgrieve, Marta Otero Crespo and Vincent Smith (eds) (ed.), Collective Redress in Europe: Why and How? (p. p. 47-57). British Institute of International and Comparative Law.