CEI’s Center for Class Action Fairness (CCAF) represents class members against unfair class action procedures and settlements. Originally founded by Ted Frank in 2009, CCAF has won millions of dollars for consumers and shareholders, and won landmark precedents that safeguard investors, courts, and the general public.

Unfair settlements generally serve self-interested lawyers and third parties at the expense of absent class members, the group of people whose rights are traded away to settle a class action. Lawyers have an interest in their fees, defendants have an interest in cheaply disposing of a lawsuit, and the class’ interests can take a back seat in the process. CCAF seeks to solve these problems by representing such class members pro bono and presenting judges with the other side of the argument. When CCAF prevails, lawyers get less, class members get more, and the rule of law is strengthened.

The New York Times says CCAF’s Ted Frank is “the leading critic of abusive class action settlements,” while Reuters called him a “class action maverick” and “among class action lawyers’ most feared objectors.”

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Litigation

In re Google Referrer Header Privacy Litigation

  • No. 15-15858 (9th Cir.), appeal from No. 10-cv-04809-EJD (N.D. Cal.)
  • Court Level: Appellate

In the original case, Gaos v. Google, plaintiffs sued Google seeking trillions of dollars in statutory damages for alleged federal privacy violations over their search…

CEI Litigation

Litigation

Berry v. LexisNexis

  • No. 14-2006 (4th Cir.), appeal from 11-cv-754 (JRS) (E.D. Va.)
  • Court Level: Appellate

CEI appealed the district court’s approval of a settlement over data marketing practices, from which class members cannot even opt out, and under which class…

Class Action Fairness

Litigation

Frank v. Poertner

  • Court Level: Appellate

CCAF objected in Poertner v. Gillette Co., a settlement of consumer fraud claims over Duracell batteries where the attorneys received $5.7 million and the class…

CEI Litigation

Litigation

Southwest Airlines Voucher Litigation

  • No. 13-3264, 799 F. 3d 701 (7th Cir. 2015), appeal from No. 11-cv-8176 (N.D. Ill.)
  • Court Level: District

The Center’s client objected to a settlement over Southwest drink coupons given to “Business Select” passengers as a perk. Thanks to the Center’s involvement in…

Class Action Fairness

Litigation

Fraley v. Facebook

  • No.14-15595 (9th Cir.), appeal from No. 11-cv-01726 (RS) (N.D. Cal.)
  • Court Level: District

Fraley, et al. v. Facebook, Inc., et al. was a class action lawsuit against Facebook in 2011 alleging the company used Facebook users’ names, pictures, and identities without…

CEI Litigation

Litigation

Blackman v. Gascho

  • Court Level: Supreme Court

In Blackman v. Gascho, the Competitive Enterprise Institute (CEI) sought Supreme Court review for a challenge to a lopsided class action settlement agreement that left…

Class Action Fairness

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