In 2012, three plaintiffs sued Google on behalf of 129 million Americans whose privacy was allegedly violated by the search engine’s business practices. Their settlement with the company awarded considerable sums not to the unnamed class members, but to several organizations promoting internet privacy in what is known as a “cy pres award.”

Does a cy pres award that fails to provide direct relief to class members violate due process or the First Amendment? Prof. Jeremy Kidd of Mercer University School of Law explains the controversy over cy pres awards in class action litigation in Frank v. Gaos. Oral argument is October 31, 2018.

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

Learn more about Jeremy Kidd:

Follow Jeremy Kidd on Twitter @jeremylynnkidd 


Differing Views:

The Federalist Society: “Preview: Frank v. Gaos”

American Bar Association: “Brief Amicus Curiae in Support of Neither Party”

The Cato Institute & Americans for Prosperity: “Brief Amicus Curiae in Support of Petitioners”

SCOTUSblog: “Argument preview: Justices to consider propriety of ‘cy pres’ class-action settlements”