Cy Pres Awards – Consumer Privacy

The term cy pres (meaning “as near as”) refers to the money that remains in a fund created by the settlement of class-action litigation, after the fund has otherwise been distributed among class members. Cy pres awards are distributed to organizations whose missions reflect the concerns of the underlying class-action case, or whose work will further the class benefits provided by a settlement.

Cy pres awards support EPIC’s ability to advocate for consumer privacy protections and provide resources and educational information about emerging privacy issues. We welcome cy pres distributions to help support our work on behalf of consumers.

If you have questions about whether EPIC might be appropriate for cy pres in a particular case, please contact Alan Butler or John Davisson at [email protected] or at 202-483-1140 x103.

You can download EPIC’s general letter on our work, mission, use of cy pres funds, and previous awards. If you would like further information or a specific letter for a case, please email [email protected].

Being a Non-Profit

EPIC was founded in 1994 to focus public attention on emerging privacy and civil liberties issues. Today, EPIC is one of the leading consumer privacy organizations in the country. EPIC is a 501(c)(3) nonprofit, incorporated in Washington, DC, and receives no funding from private companies. EPIC directs 83% of revenue to program activity, a top-tier standard for non-profit management. EPIC has received top rankings from Guidestar (“Gold”) and Charity Navigator (“Four Star”) for transparency and accountability. EPIC does not accept corporate or government sponsorships. We routinely advocate for consumers and we have worked since our founding to establish new measures to protect consumer privacy.

EPIC’s Programs and Projects:

EPIC Uses Cy Pres Funds to:

Consumer Privacy Data Protection and Cybersecurity Robocalls and Communications Privacy Health Privacy Web Tracking and Social Media Privacy Face Surveillance and Biometrics Wiretapping

Develop educational materials on privacy and data protection such as: informational blog posts, fact sheets, newsletters, privacy law explainers, etc. Provide expertise to lawmakers through technical assistance and testimony. Submit comments, letters, and complaints to federal and state agencies urging them to strengthen privacy regulations and enforcement mechanisms. File “friend of the court” briefs to reinforce the legal obligations of government agencies and businesses to safeguard personal data.

EPIC’s Cy Pres Qualifications

Courts have approved EPIC as a cy pres recipient in many consumer privacy cases, including:

• In re Google Street View (Wiretap)
• Krakauer v. Dish Network (TCPA)
• Fabricant v. AmeriSave (TCPA)
• Lopez v. Superior Health Linens (BIPA)
• Zaklit v. Nationstar Mortgage LLC (CIPA)
• Smith v. ComplyRight, Inc. (Data Breach)
• In re Google Plus Profile Litigation (Data Breach)
• Ashley Madison Consumer Data Security Breach Litigation (Data Breach)
• Harrison v. The Irvine Company, LLC (FCRA)
• Mirfasihi v. Fleet Mortgage Corp. (FCRA)
• Lane v. Facebook (ECPA, VPPA)

In Mirfasihi, the court described EPIC as a “public interest research center devoted to privacy education and protection” and said that the cy pres distribution to EPIC “did cause an improvement in the settlement that provides additional benefits to the plaintiffs and to the community . . .” 2007 WL 2608778 (N.D. Ill. Sept. 6, 2007) aff’d, 551 F.3d 682 (7th Cir. 2008).

In Perkins v. Linkedin Corp, “[t]he Court finds that EPIC’s receipt of other cy pres awards in privacy cases demonstrates that EPIC is well-suited to be a cy pres recipient in the instant privacy case. See In re Google Buzz Privacy Litig., 2011 WL 7460099, at *1 (‘EPIC has demonstrated that it is a well-established and respected organization within the field of internet privacy.’)” No. 13-CV-04303, 2016 WL 613255, at *11, slip op. at 20-21 (N.D. Cal. Feb. 16, 2016).

EPIC satisfies the two key requirements for a distribution of cy pres funds in consumer privacy cases: EPIC is both aligned with the interests of class members and advances the aims of the underlying litigation.

EPIC has recently received cy pres awards in cases involving the following law firms:

• Lieff Cabraser, Cohen Milstein
• Hagens Berman LLC
• Girard Sharp LLP; Pritzker Levine LLP; Cotchett, Pitre, & McCarthy LLP
• Todd M. Friedman, PC
• Keogh Law, Ltd.
• Edelman, Combs, Latturner & Goodwin, LLC
• Todd M. Friedman, PC
• Bailey & Glasser

Contact Alan Butler or John Davisson at [email protected] or at 202.483.1140 x103 with any further questions.