Cy Pres
Cy pres awards are a powerful way to support organizations like CCSLS.
What Is a Cy Pres Award?
A cy pres award is a charitable distribution that occurs when money from a class action settlement cannot be fully distributed to the class members. Instead of letting those funds go unused, courts direct them to nonprofit organizations whose missions closely align with the purpose of the lawsuit.
For legal aid organizations like Contra Costa Senior Legal Services (CCSLS), cy pres awards are a powerful way to extend justice to people who may never know their rights were protected on their behalf.
Where the Term Comes From
The term cy pres comes from the French phrase cy pres comme possible, meaning “as near as possible.” The doctrine dates back hundreds of years to English common law, where courts used it to honor a donor’s original charitable intent when the exact purpose could no longer be fulfilled.
Today, the cy pres doctrine ensures that settlement funds continue serving the “next best” use—protecting the rights of those harmed or advancing public interest.
How Cy Pres Works in Practice
Cy pres awards are often made in connection with:
- Class action settlements where unclaimed funds remain after direct payments to class members.
- Cases involving consumer protection, elder abuse, fraud, financial exploitation, or public interest issues.
- Situations where the court identifies a nonprofit organization whose mission directly advances the issues raised in the litigation.
Because CCSLS safeguards the rights of low-income and vulnerable older adults—and regularly handles issues overlapping with consumer protection, financial fraud, housing, benefits, and elder abuse—we are a natural fit for cy pres consideration in many cases.
Examples of Cy Pres in Action
- Consumer Protection Case: After settlement checks went unclaimed in a financial fraud class action, the court distributed remaining funds to legal aid organizations serving victims of scams. A gift to CCSLS could support free legal help for seniors targeted by predatory lenders or fraudulent contractors.
- Elder Abuse Litigation: In cases involving exploitation of older adults, courts have directed cy pres funds to organizations that protect seniors’ rights, fund community education, and provide legal remedies—work that CCSLS performs every day.
- Housing/Real Estate Actions: When a settlement involves deceptive real estate practices, cy pres funds may be awarded to nonprofits helping communities navigate housing insecurity. CCSLS regularly supports seniors facing unsafe or unfair housing conditions.
Common Questions & Myths About Cy Pres
“Do cy pres awards take money away from class members?”
No. They only apply when direct distribution is no longer feasible—for example, when class members cannot be located or when the cost of distribution outweighs the benefit.
“Are cy pres gifts only for huge cases?”
Not necessarily. Cy pres awards range from modest amounts to significant multi-million-dollar gifts. Every award helps expand access to justice.
“Does the court pick automatically?”
Courts often rely on recommendations from plaintiffs’ or defense counsel. Attorneys play a crucial role in nominating mission-aligned nonprofits like CCSLS.
“Does the organization need to be involved in the case?”
No. The organization simply needs to advance work that aligns with the purpose of the litigation.
Partner With Us to Advance Justice for Older Adults
If you are working on a case that could result in a cy pres award—or if you are counsel interested in recommending nonprofit beneficiaries—we would welcome a conversation.
Cy pres support helps CCSLS provide critical legal services to low-income seniors across Contra Costa County, ensuring they are safe, housed, financially secure, and protected from abuse.