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Frequently Asked Questions

1. What is this class action lawsuit about?
2. What is a class action and who is involved?
3. Why is this lawsuit a class action?
4. Why did the parties decide to settle?
5. Has the Court approved the proposed class action settlement yet?
6. How do I know if I am part of the proposed class action settlement?
7. When will I receive notice of the proposed class action settlement?
8. Can I exclude myself from the proposed class action settlement?
9. I’m not sure if I previously received notice of the class action.
10. If the Court approves the proposed settlement, how will the settlement money be divided?
11. What if there are unclaimed or undistributed funds?
12. Do I have to do anything to join the Class or get money from the settlement?
13. If the Court grants final approval of the settlement, how much will I receive from the settlement?
14. When will I receive my check?
15. Where will my check be sent?
16. How do I tell the Court I do not like the settlement?
17. Do Settlement Class Members have a lawyer in this case?
18. If I am a Class Member, should I get my own lawyer?
19. How will the lawyers be paid?
20. Are more details available?

1. What is this class action lawsuit about?

This class action lawsuit alleges that the government has unlawfully charged users of the Public Access to Court Electronic Record (“PACER”) system more than necessary to cover the costs of providing public access to federal court records. Plaintiffs allege that Congress authorized the Administrative Office of the U.S. Courts (“U.S. Courts”) to charge PACER fees only to the extent necessary to cover the costs of providing the service, but that the U.S Courts are charging more than that.

The parties have agreed to settle this lawsuit for $125,000,000. Plaintiffs have asked the Court to preliminarily approve the settlement and approve a plan to provide notice of the settlement to individuals and entities who paid PACER fees between April 21, 2010 and May 31, 2018, inclusive. The Court has not yet approved the proposed settlement. If the Court grants final approval of the settlement, you will automatically receive a check with your share of the settlement, based on the U.S. Court’s payment records. More information about when you will receive your check will be available at a later date.

2. What is a class action and who is involved?

In a class action lawsuit, entities called “Class Representatives” (in this case the National Veterans Legal Services Program, the National Consumer Law Center, and the Alliance for Justice) sue on behalf of other people and entities who have similar claims. The people and entities together are a “Class” or “Class Members.” The entities who sued—and all the Class Members like them—are called the Plaintiffs. The United States government, which they sued, is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.

3. Why is this lawsuit a class action?

On January 24, 2017, the Court allowed this lawsuit to proceed as a class action because the proposed class met the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal district courts. Specifically, the Court found that:

• the Class is so numerous that joining all Class Members is impracticable;
• there are legal questions and facts that are common to the Class;
• the Class Representatives’ claims are typical of the claims of the rest of the Class;
• the Class Representatives and the lawyers representing the Class will fairly and adequately represent the Class’s interests;
• the common legal questions and facts are more important than questions that affect only individuals; and
• this class action will be more efficient than having many individual lawsuits.

The Court certified a class of all individuals and entities who have paid fees for the use of PACER between April 21, 2010 and April 21, 2016, excluding Class Counsel in this case and federal government entities. The Court’s order is available here.

On October 11, 2022, Plaintiffs filed their Motion for Preliminary Approval of Class Settlement and requested that the Court extend the class period to include all individuals and entities who paid PACER fees between April 21, 2010, and May 31, 2018, excluding persons or entities that have already opted out, federal agencies, and Class Counsel. The Court has not yet ruled on Plaintiffs’ motion.

4. 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. 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.). The Settlement Agreement is available here.

5. Has the Court approved the proposed class action settlement yet?

No. On October 11, 2022, Plaintiffs filed their Motion for Preliminary Approval of Class Settlement. The Court has not yet ruled on Plaintiffs’ motion. If the Court grants Plaintiffs’ motion, Plaintiffs will send out notice to all Class Members and Plaintiffs will file for final approval of the settlement. The Court will decide whether to finally approve the proposed settlement at a Fairness Hearing that will be held on a date to be determined.

6. How do I know if I am part of the proposed class action settlement?

To see if you may 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 member of the proposed Settlement Class. The proposed Settlement Class includes 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.

7. When will I receive notice of the proposed class action settlement?

You will not receive notice of the proposed class action settlement until after the Court grants Plaintiffs’ Motion for Preliminary Approval of Class Settlement. If the Court grants Plaintiffs’ motion, you will be sent notice of the proposed settlement via email. If there is no email address on file for you or if the email is returned as undeliverable, you will be sent postcard notice. Notice will also be posted on this website, www.pacerfeesclassaction.com.

8. Can I exclude myself from the proposed class action settlement?

You will have the option to exclude yourself from the settlement if you paid PACER fees for the first time between April 22, 2016 and May 31, 2018. More information on how to exclude yourself will be available if the Court grants preliminary approval of the proposed class action settlement.

If you exclude yourself, you cannot get money from the settlement, but you will keep your right to separately sue the United States over the legal issues in this case.

If you paid PACER fees between April 21, 2010 and April 21, 2016, you previously received notice of the class action and had the opportunity at that time to exclude yourself. Exclusions were due on July 17, 2017. You will not be provided a second opportunity to exclude yourself.

9. I’m not sure if I previously received notice of the class action.

The Administrator has records of all individuals and entities who were previously sent notice of the class action. The email notice was sent on or about May 16, 2017. The email notice was sent from “PACER Fees Class Action Administrator.” The email notice was sent to the email address associated with your PACER account.

10. If the Court approves the proposed settlement, 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. Plaintiffs’ counsel will ask the Court to approve an amount of attorneys’ fees, incentive awards, and claims-administration costs, but 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 will receive a minimum payment of the lesser of $350 or the total amount paid in PACER fees by the Class Member during the Class Period (April 21, 2010 through and including May 31, 2018). The remaining monies in the fund will be distributed on a pro rata basis to Class Members who paid more than $350 in PACER fees during the Class Period.

11. What if there are unclaimed or undistributed funds?

If 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 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 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.

12. Do I have to do anything to join the Class or get money from the settlement?

No. You do not have to do anything to join the Class or get money from the settlement. Assuming the Court grants final approval of the settlement, you will automatically receive a check with your share of the common fund, based on the Administrative Office of the U.S. Court’s payment records.

13. If the Court grants final approval of the settlement, how much will I receive from the settlement?

If you paid less than or equal to $350 in PACER fees during the Class Period, you will recover the full amount you paid. If you paid more than $350 in PACER fees during the Class Period, you will recover $350 and an additional pro rata share. Your pro rata share will be based on the amount in excess of $350 you paid during the Class Period. Plaintiffs estimate that approximately 33 million dollars will remain in the common fund to be allocated to pro rata shares. The exact amount of your pro rata share will not be known until after the Court grants final approval of the settlement.

14. When will I receive my check?

You will not receive a check until after the Court grants final approval of the settlement. More information on when you will receive your check will be available at a later date.

15. Where will my check be sent?

If the Court grants final approval of the settlement, your check will be sent to the address that was provided to Class Counsel by the Administrative Office of the United States Courts. More information on how to update your address will be available at a later date.

16. How do I tell the Court I do not like the settlement?

If you did not exclude yourself from the Class, you can object to any part of the settlement and ask to appear at the Fairness Hearing. More information on how to object and on the Fairness Hearing will be available if the Court grants preliminary approval of the proposed class action settlement.

17. 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.

18. If I am a Class Member, should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

19. How will the lawyers be paid?

If the Court grants preliminary approval of the settlement, Class Counsel will ask the Court for fees and expenses. If the Court grants Class Counsel’s request, Class Counsel’s fees and expenses will be deducted from the common fund. By participating in the Class, you agree to pay Class Counsel up to 20% of the total recovery in attorney’s fees and expenses with the total amount to be determined by the Court.

20. Are more details available?

Here you will find the documents filed in this case including the Court’s Order Certifying the Class, Plaintiffs’ Complaint, Defendant’s Answer to the Complaint, Plaintiffs’ Motion for Preliminary Approval of Class Settlement, and a copy of the Settlement Agreement. You may also obtain more information by emailing pacerlitigation@motleyrice.com or calling 800-934-2792.