A federal appeals court tossed Google’s settlement of a class action suit accusing the company of privacy violations by using tracking cookies despite users’ privacy settings saying otherwise.

A three-member Third Circuit Court of Appeals panel said it was unclear if the proposed $5.5 million settlement was sufficient or fair and recommended the case be sent back the lower court that had approved the deal in 2017.

"The concerns voiced by the Third Circuit regarding the cy pres aspect of the Google settlement are only the tip of the iceberg. The problem is much more fundamental than that, as the supreme court has signaled, but not decisively ruled, on several occasions,” said Robert Cattanach, a partner at law firm Dorsey & Whitney. “It is this: demonstrating real and concrete damages for any alleged injuries arising out of privacy infringements, or even out right violations, is at best elusive, and at worst almost impossible.”

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