Cy Près Settlements in Privacy Class Actions

Ignacio N. Cofone (ed.), Class Actions in Privacy Law, Routledge, 2020

14 Pages Posted: 11 Jun 2020

See all articles by Thomas Kadri

Thomas Kadri

University of Georgia School of Law

Ignacio Cofone

McGill University Faculty of Law

Date Written: May 15, 2020

Abstract

This essay considers the potential for using cy près settlements in privacy class actions. These settlements are a procedural mechanism to overcome distribution challenges in class actions. When it is too burdensome to prove individual claims or too costly to distribute damages to class members, courts on occasions award damages to a charity or non-profit organization involved in work serving the class members’ interests. These controversial settlements have been gaining attention in various legal systems. The U.S. Supreme Court recently considered their propriety in Frank v. Gaos, while courts in Canada and several Latin American countries have been experimenting with cy près as well. The essay uses these cases to explore how this procedural mechanism can be particularly useful in privacy class actions. While cy près settlements require proper judicial supervision to prevent abuse, the chapter concludes that they can help to deter privacy invasions, enforce privacy laws, and provide plaintiffs with some measure of indirect relief when those laws are violated.

Keywords: Privacy Law, Class Actions, Privacy Class Actions, Cy Pres Settlements, Frank v Gaos

Suggested Citation

Kadri, Thomas and Cofone, Ignacio, Cy Près Settlements in Privacy Class Actions (May 15, 2020). Ignacio N. Cofone (ed.), Class Actions in Privacy Law, Routledge, 2020, Available at SSRN: https://ssrn.com/abstract=3602294 or http://dx.doi.org/10.2139/ssrn.3602294

Thomas Kadri (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

Ignacio Cofone

McGill University Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.ignaciocofone.com

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