I recently blogged about the Seventh Circuit’s decision that “smallness” should not be a bar to class certification, in which Judge Posner endorsed the use of cy pres awards instead of awards to individual class members when the award would be so small that the administrative costs of providing it on an individual basis would be greater than the award itself. The issue may soon be before the Supreme Court, as some of my colleagues have petitioned the Court for review of the Facebook Beacon settlement’s use of cy pres. The question presented is: “Whether, or in what circumstances, a cy pres remedy that provides no direct relief to class members comports with the requirement of Rule 23(e)(2) that a settlement that binds class members must be ‘fair, reasonable, and adequate.'” View the Petition here. The Court should decide whether to grant certiorari this month.