• Avoid making direct approaches to individuals about specific claims5.
• Use non-intrusive, non-targeted advertising methods like general ads or publications5.
• Clearly state the purpose is to provide information, not to solicit claims5.
• Ensure proposals do not engage in regulated activities like referring claim details or identifying potential claimants

Regarding ownership and assignment of COAS(causes of action):

• Cocoo Ltd cannot own a cause of action before a claim is filed, unless it has been validly assigned the cause of action (coa). minimum requirements to own a cause of action typically include: Written assignment agreement signed by the original claimant, Clear identification of the claim being assigned, and Consideration for the assignment

• For a proposed opt-out collective claim before a CPO is granted:  The cause of action is still owned by individual class members. No single entity owns the collective cause of action until the CPO designates a class representative. Representation letters alone are likely insufficient to transfer ownership

To validly assign claims, Cocoo Ltd would need explicit written assignments from individual claimants. For a collective action, this would be challenging before class certification. The proposed class representative cannot sell or assign the collective claim before being authorized by the court. INSTEAD OF OSCAR, Cocoo’s marketing department can approach potential victims with USPs, but must be cautious to avoid engaging in the CMR >> focus on: Informing potential victims of their right to claim. Presenting a strategy to obtain damages. Offering membership in Cocoo Ltd or support for Cocoo’s follow-on collective action (FOCOL). DIFF:

1. Membership approach: Potential victims can become members of Cocoo Ltd >> Cocoo can then act as a litigant in person (LIP) on behalf of members…..BUT, this approach may face scrutiny regarding Cocoo’s ability to represent members’ interests
2. FOCOL support: Cocoo can seek support for a collective action >> Cocoo would need to apply for a Collective Proceedings Order (CPO) >> If granted, Cocoo could claim on behalf of the class (not as LIP)3
3. Assignment of claims: Assignments must be in writing and signed by the assignor >>is best for Cocoo (asignee) to also have a genuine commercial interest in the claim (it does as it is the competition.consumer.org). Pre-existing interest is not strictly required, but may strengthen the case4
4. Re-assignment to lawyers: Cocoo can re-assign claims to lawyers if necessary. This may be subject to contractual restrictions in the original assignment1