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Frank v. Gaos

Updated Sep 18, 2026

In brief

The Supreme Court wiped out the Ninth Circuit's judgment (vacated) and sent the case back to the lower court (remanded), without deciding whether the settlement was proper.

Where it stands
Decided

Decided 9-0 · March 20, 2019 · Per curiam

What it’s about
This case arose from a privacy class action against Google over allegations that it shared users’ search terms with third-party websites.
Who it affects
The Ninth Circuit's settlement approval no longer controls, so the case must be reconsidered. The Court left open whether this kind of settlement can support a class action, bind class members, and still be fair, reasonable, and adequate.

Summary: written with AI from the case record.

Illustration for Frank v. Gaos
Conceptual illustration · AI-generated

What it's about

The Supreme Court did not decide whether the settlement was proper; instead, it vacated the Ninth Circuit’s approval of a settlement that paid only cy pres recipients and sent the case back to consider whether the named plaintiffs had Article III standing under Spokeo.

The case highlights a debate over class-action settlements that send money to third-party organizations instead of directly to the people represented.

Question presented

Whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must be "fair, reasonable, and adequate."?

What the Court decided

Holding

____ (2019) Per Curiam * * * The judgment of the United States Court of Appeals for the Ninth Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion.

Result
Vacated

The vote

  • Joined the judgment
Majority · 9joined the Court's opinion
  1. Roberts
  2. Thomas
  3. Breyer
  4. Ginsburg
  5. Alito
  6. Sotomayor
  7. Kagan
  8. Kavanaugh
  9. Gorsuch
9 justices joined the judgment.

From the opinions

“Respectfully, I would reach the merits and reverse.”

— Justice Thomas(dissent)

What's next

The case returns to the Ninth Circuit for further proceedings consistent with the Supreme Court's opinion. The settlement's final status remains unresolved.

Documents

3

Docket activity

7
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • New analysis added

    Jul 2, 2026 · Court records

  • Opinion added: Opinion

    Mar 20, 2019 · Court records

Show 2 more
  • Brief added: Petition

    Jan 3, 2018 · Court records

  • Brief added: Questions Presented

    Court records

More questions

3
What was the Frank v. Gaos dispute?
It involved a Google privacy class action over alleged sharing of users' search terms with third-party websites. The proposed settlement sent all net proceeds to third-party organizations, not directly to class members.
What did the Supreme Court do in Frank v. Gaos?
It wiped out the Ninth Circuit's settlement approval (vacated) and sent the case back to the lower court (remanded) for further proceedings.
Did the Court decide whether the settlement was fair?
No. It did not decide whether the settlement was fair, reasonable, and adequate.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis