PACER record fees $125M class action settlement

Updates:

• Some class members were notified Aug. 7, 2023, that they had been sent the incorrect settlement notice.
• Some were sent a notice intended for accounts that paid PACER fees for the first time between April 22, 2016, and May 31, 2018, when they should have received a notice for accounts that paid the fees between April 21, 2010, and April 21, 2016.
• Class members should check their email to see if they have received a corrected notice.

• The exclusion deadline has been extended to Aug. 20, 2023.
• The objection deadline is Sept. 12, 2023.
• The final fairness hearing will take place Oct. 12, 2023.

The U.S. government agreed to a $125 million class action lawsuit settlement to resolve claims it charged excessive fees for users of its Public Access to Electronic Records, or PACER, court records system.

The settlement benefits individuals and entities (other than federal agencies) who paid PACER fees between April 22, 2010, and May 31, 2018. This is an expanded class definition from the original certified class that covered those who paid fees between April 21, 2010, and April 21, 2016.

PACER allows the public to access electronic copies of court records. However, this service is not free. Access costs $0.10 per page, with a single document capped at $3. 

According to a class action lawsuit against the federal government, consumers were charged excessive PACER fees when accessing documents. Despite Congress seeking to create a PACER system that made records “freely available to the greatest extent possible,” PACER fees have allegedly been increased twice since the system’s establishment in 2002. Legal advocates say PACER fees rose far beyond the average cost of disseminating records in order to cover “unrelated projects,” such as juror audio systems and flat screens. 

The United States hasn’t admitted any wrongdoing but agreed to a $125 million class action settlement to resolve these allegations.

Under the terms of the settlement, class members can receive a refund for the fees they paid PACER. 

According to the preliminary approval motion, class members could receive up to $350 for PACER fee refunds. In most cases, refunds will be distributed to customers as an electronic funds transfer or as a refund on the card originally used to pay PACER fees.

Funds remaining in the settlement after the first round of payments may be used to distribute additional payments. Class members who paid over $350 in PACER fees and who accepted their first payment may be eligible for an additional pro rata share of the remaining settlement funds, according to the settlement agreement. 

The exclusion deadline for the PACER class action lawsuit settlement has been extended to Aug. 20, 2023. The deadline to object to the settlement is Sept. 12, 2023.

The final fairness hearing will take place Oct. 12, 2023.

Who’s Eligible

Individuals and entities (other than federal agencies) who paid PACER fees between April 22, 2010, and May 31, 2018. This is an expanded class definition from the original certified class that covered those who paid fees between April 21, 2010, and April 21, 2016.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form Deadline

N/A

Case Name

National Veterans Legal Services Program, et al. v. United States, Case No. 1:16-CV-00745-ESH, in the U.S. District Court for the District of Columbia

Final Hearing

10/12/2023

Settlement Website

PacerFeesClassAction.com

Claims Administrator

PACER Fees Class Action Administrator
PO Box 43434
Providence, RI 02940-3434
844-660-2215

Class Counsel

Deepak Gupta
Jonathan E Taylor
GUPTA WESSLER PLLC

William N Narwold
Meghan SB Oliver
Elizabeth Smith
MOTLEY RICE LLC

Defense Counsel

Matthew M Graves
UNITED STATES ATTORNEY

Brian P Hudak
CHIEF CIVIL DIVISION

Jeremy S Simon
ASSISTANT UNITED STATES ATTORNEY