Class action lawsuit over PACER fees survives motion to dismiss

A federal court in Miami has denied the U.S. government’s motion to dismiss a putative class action alleging that users of the federal courts’ electronic records system (PACER) were improperly charged for accessing records. The government had argued that the court lacked subject matter jurisdiction over the case, and that the plaintiffs had failed to state a claim upon which relief could be granted.

Law.com has the story here.  And for those who do not want to pay PACER fees, the court’s order is here. 🙂

UPDATE/CLARIFICATION: The Florida lawsuit here is separate from the lawsuit in the first linked story.  That suit, filed in the federal district court in the District of Columbia, has already certified a class. Both cases apparently will now go forward.

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