FFLA, formerly The Florida Bar Foundation, has received cy pres awards totaling $309,957 from two class action settlements. FFLA will use the awards to fund legal aid throughout Florida.
“FFLA is honored to be the recipient of these awards, as it reflects the trust and confidence the courts have in our ability to administer funding for legal aid,” FFLA President Roberto R. Pardo said. “Our reputation for transparency and facilitating impactful work ensures that cy pres funding is used in a responsible and efficient manner.”
Under cy pres, courts can approve distribution of unclaimed class action funds to a charitable organization that could vindicate class member rights in the future. The term cy pres comes from the French, “cy près comme possible,” meaning “as near as possible.” The doctrine often is applied in class action cases where full restitution to all injured parties is impossible or infeasible.
In Contreras v. Nationstar Mortgage, mortgage borrowers in California, Florida and Illinois who made payments online or over the phone claimed fees were not properly disclosed to them. Class members from Florida joined the suit pursuant to Florida’s Deceptive and Unfair Trade Practices Act. Judge Morrison C. England, Jr., Senior United States District Judge for the Eastern District of California, approved the cy pres distribution. FFLA will use the $265,130 award to fund grants that support low-income Floridians subjected to deceptive and unfair trade practices.
In Wenston Desue v. 20_20 Eye Care Network, Inc., a settlement was reached for class members whose patient information was accessed, removed and deleted by an unauthorized individual in a data breach. Judge Rodolfo A. Ruiz II of the U.S. District Court Southern District of Florida approved the plan for distribution of the remaining settlement funds. As a result, FFLA received a $44,827 cy pres award.
