Frequently Asked Questions
- WHY DID I RECEIVE THE NOTICE?
- WHAT IS THIS LAWSUIT ABOUT?
- WHY DID THE PARTIES DECIDE TO SETTLE?
- HOW DO I KNOW IF I AM PART OF THE CLASS ACTION SETTLEMENT?
- WHAT IF I AM NOT SURE WHETHER I AM A SETTLEMENT CLASS MEMBER?
- HOW WILL THE SETTLEMENT MONEY BE DIVIDED?
- WHAT IF THERE ARE UNCLAIMED OR UNDISTRIBUTED FUNDS?
- DO I HAVE TO DO ANYTHING TO GET MONEY FROM THE SETTLEMENT?
- WHEN WILL I GET MY CHECK?
- WHERE WILL MY CHECK BE SENT?
- DO SETTLEMENT CLASS MEMBERS HAVE A LAWYER IN THIS CASE?
- HOW WILL THE LAWYERS BE PAID?
- ARE MORE DETAILS AVAILABLE?
- WHY DID I RECEIVE THE NOTICE?
According to the records of the Administrative Office of the United States Courts, which runs PACER, PACER fees were paid for your PACER account between April 21, 2010 and May 31, 2018, inclusive. This notice explains that the parties have entered into a proposed class action settlement that may affect you. You may have legal rights and options that you may exercise before the Court decides to grant final approval of the settlement. Judge Paul Friedman of the United States District Court for the District of Columbia is overseeing this class action. The lawsuit is known as National Veterans Legal Services Program, et al. v. United States, Civil Action No. 1:16-cv-00745-PLF.
Top - WHAT IS THIS LAWSUIT ABOUT?
This lawsuit alleges that the government has unlawfully charged users of Public Access to Court Electronic Record (“PACER”) system more than necessary to cover the costs of providing public access to federal court records.
In the lawsuit, the Plaintiffs say that Congress authorized the Administrative Office of the U.S. Courts to charge PACER fees only to the extent necessary to cover the costs of providing the service, but that the federal courts are charging more than that. You can read the Plaintiffs’ Class Action Complaint and the Defendant’s Answer at Court Documents.
Top - WHY DID THE PARTIES DECIDE TO SETTLE?
The parties have agreed to settle to avoid the cost and risk of litigation. The parties have engaged in extensive, arm’s-length negotiations with the assistance of a mediator. After carefully considering the facts and applicable law and the risks, costs, delay, inconvenience, and uncertainty of continued and protracted litigation, Class Counsel have concluded that it is in the best interest of the Class to compromise and settle the lawsuit. Class Counsel have also determined that the Settlement Agreement is fair, reasonable, and adequate, and in the best interest of the Settlement Class Members. On March 20, 2024, the Court granted final approval of the settlement, finding that the settlement was fair, reasonable, and adequate. This settlement does not impact any claims based on PACER usage after May 31, 2018, or any of the claims now pending in Fisher v. United States, No. 15-1575 (Fed. Cl.).
Top - HOW DO I KNOW IF I AM PART OF THE CLASS ACTION SETTLEMENT?
To see if you will be affected by the proposed class action settlement or if you can receive money from it, you first have to determine if you are a Settlement Class Member.
The Settlement Class means all persons or entities who paid PACER fees between April 21, 2010 and May 31, 2018, excluding Class Counsel in this case, federal government agencies, and persons and entities who have opted out. If an entity paid your PACER fees on your behalf, that entity is a member of the Class.
Top - WHAT IF I AM NOT SURE WHETHER I AM A SETTLEMENT CLASS MEMBER?
If you are still not sure whether you are included, write to the claims administrator in this case at, PACER Fees Class Action Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134 or contact class counsel by emailing [email protected] or by calling 800-934-2792.
Top - HOW WILL THE SETTLEMENT MONEY BE DIVIDED?
The United States has agreed to pay $125,000,000 to settle the lawsuit. This is referred to as the common fund. All attorneys’ fees, expenses, incentive awards, and claims-administration costs will be deducted from the common fund. Combined, this amount will be no more than 20% of the common fund. The remaining amount will be distributed to the Class as follows:
Each Class Member (i.e., payer of PACER fees) will receive a minimum payment amount equal to the lesser of $350 or the total amount paid in PACER fees by that Class Member for use of PACER during the Class Period (April 21, 2010 through and including May 31, 2018). The remainder will be allocated pro rata (based on the amount of PACER fees paid in excess of $350 during the Class Period) to all Class Members who paid more than $350 in PACER fees during the Class Period.
Top - WHAT IF THERE ARE UNCLAIMED OR UNDISTRIBUTED FUNDS?
If, despite the claims administrator’s best efforts, there are unclaimed or undistributed funds, there will be a second distribution. The only Class Members who are eligible for a second distribution are those who: (1) paid a total amount of more than $350 in PACER fees for use of PACER during the class period; and (2) deposited or otherwise collected their payment from the first distribution. The administrator shall determine how many Class Members meet this requirement, and then distribute to each Class Member an equal allocation of the unclaimed or undistributed funds. No Class Member may receive a total recovery (combining the first and second distributions) that exceeds the total amount of PACER fees that the Class Member paid for use of PACER during the Class Period.
If, after the second distribution, there are still unclaimed or undistributed funds, these funds shall revert unconditionally to the U.S. Department of the Treasury.
Top - DO I HAVE TO DO ANYTHING TO GET MONEY FROM THE SETTLEMENT?
No. You do not have to do anything to get money from the settlement. You will receive a check with your share of the common fund, assuming the Court grants final approval of the settlement.
Refund forms for settlement payments submitted to the PACER Service Center will not be processed. All settlement payments will be processed by the claims administrator.
Top - WHEN WILL I GET MY CHECK?
On April 17, 2024, a class member and objector submitted a notice of appeal, appealing the Court’s final approval decision to the United States Court of Appeals for the Federal Circuit. Following resolution of the appeal (and assuming the Court’s final approval decision is upheld), checks will be mailed to class members within 180 days after receipt of the settlement funds from the government or within 180 days after receipt of the information necessary to distribute payment, whichever is later.
Top - WHERE WILL MY CHECK BE SENT?
Your check will be made payable to the individual accountholder and sent to the address that was provided to Class Counsel by the Administrative Office of the United States Courts. If you need to update your address, you can do so by filling out the address update form.
Top - DO SETTLEMENT CLASS MEMBERS HAVE A LAWYER IN THIS CASE?
Yes, the Court decided that the law firms of Gupta Wessler PLLC of Washington, D.C. and Motley Rice LLC of Mount Pleasant, South Carolina are qualified to represent all Class Members. These law firms are called Class Counsel. They are experienced in handling other class actions. More information about Gupta Wessler and Motley Rice, their practices, and their lawyers’ experience is available at www.guptawessler.com and www.motleyrice.com.
Top - HOW WILL THE LAWYERS BE PAID?
By participating in the Class, you agree to pay Class Counsel up to 20% of the total recovery in attorney’s fees and expenses. Class Counsel’s fees and expenses will be deducted from the common fund. The Court approved the full amount of $25 million requested by the plaintiffs to cover service awards for the class representatives, costs, and attorneys’ fees.
Top - ARE MORE DETAILS AVAILABLE?
You will find the documents filed in this case at Court Documents, including the Court’s Order Certifying the Class, Plaintiff’s Complaint, Defendant’s Answer to the Complaint, a copy of the Settlement agreement, and the Court’s order preliminarily approving the settlement. You may also obtain more information by writing to: PACER Fees Class Action Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134. You may speak to class counsel by emailing [email protected] or by calling 800-934-2792.
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