Three named plaintiffs brought a putative class action against Google for alleged violations of the Stored Communications Act. The parties negotiated a settlement agreement that would require Google to include certain disclosures on some of its webpages and distribute more than $5 million to cy pres recipients, more than $2 million to class counsel, and yet no money to the absent class members. The U.S. Supreme Court granted certiorari to review whether such cy pres settlements satisfy the requirement that class settlements be fair, reasonable, and adequate under Rule 23(e). Because, however, there remained substantial questions, in the Court’s view, about whether any of the named plaintiffs had standing to sue under Spokeo, the Court vacated the Ninth Circuit opinion and remanded for further proceedings.

 

Frank v. Gaos, No.17-961, 2019 WL 1264582 (March 20, 2019).