Conflicts Between Public and Private Enforcers in Class Actions: The Chilean Case

This article studies the conflict between public and private enforcers in Chilean consumer class actions. The paper reviews the history of the class action procedure, the unexpected changes to it introduced by a constitutional challenge, the subsequent increase in private lawsuits, and the ensuing conflict between public and private enforcers. Coordinating class actions’ enforcement is inherently challenging due to their differing funding and varying willingness to settle. As the Chilean case shows, there is no comprehensive catch-all solution to this problem. However, these difficult statutory choices should not hinder consumers’ redress. Hence, the article suggests that Chilean judges should proactively use existing legal provisions regarding the ‘common counsel’ to facilitate settlements, thus avoiding protracted court cases that can last more than a decade.