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Class Action Lawsuit Targets PACER Fees

Accepted submission by takyon at 2017-01-27 17:12:36
Techonomics

Used PACER [wikipedia.org] recently? You may be entitled to a refund [arstechnica.com] if a new class action suit succeeds:

A lawsuit that claims the public is being overcharged by the US government's website for accessing federal court records just took a major step forward. A federal judge overseeing the litigation against PACER [pacer.gov], the Public Access to Court Electronic Records system, just certified the case as a class action—meaning anybody who has used the service between 2010-2016 might be entitled to refunds if the government loses or settles.

Three nonprofits last year brought the suit that claims millions of dollars generated from a recent 25-percent increase in page fees are being illegally spent by a federal agency known as the Administrative Office of the Courts (AO). The cost for access is 10 cents per page and up to $3 a document. Judicial opinions are free.

The case [arstechnica.com] is being brought by the National Consumer Law Center, the Alliance for Justice, and the National Veterans Legal Services Program. The organizations claim that, while the fees my not be onerous to some, for others the amount adds up and may hinder public access. What's more, they claim that the fees breach a congressional act—the E-government Act of 2002—requiring that PACER only levy charges that cover the government's cost to maintain the program.


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