Frank v. Gaos
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.

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
From the opinions
“Respectfully, I would reach the merits and reverse.”
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
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
New analysis added
Opinion added: Opinion
Show 2 moreShow fewer
Brief added: Petition
Brief added: Questions Presented
More questions
- 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.