Recommending the National Cybersecurity Alliance as a Cy Pres Recipient
For class counsel, defense counsel, settlement administrators, and courts evaluating the distribution of residual or unclaimed funds in privacy, data-breach, and consumer-protection litigation.
The National Cybersecurity Alliance (NCA) is a registered 501(c)(3) nonprofit that has provided practical digital security and privacy education to the American public since 2001. We accept cy pres and residual-fund awards, and we keep the independence, documentation, and track record that make us a clean recipient to name. This page gives you what you need to evaluate NCA and, if appropriate, to name us in a settlement or proposed order.
How NCA's work lines up with your case
Cy pres funds should benefit the people the case was about. NCA's mission maps directly onto the populations harmed in the cases that most often generate residual funds:
Data-breach and data-security litigation: NCA educates consumers and small and medium-sized businesses on protecting personal data, recognizing breaches, and responding to compromised credentials.
Privacy and biometric (e.g., BIPA-type) litigation: Our Data Privacy Week programming and year-round privacy guidance reach the same individuals whose data or privacy rights are at issue in these settlements.
Consumer-protection, deceptive-practice, and fraud litigation: NCA helps the public recognize scams, phishing, and online fraud, directly benefiting consumers in the affected class through year round resources, campaigns and other content.
Because the class members in these cases are, by definition, people whose digital security or privacy was compromised, an award to NCA puts the money toward the prevention and education that helps the very population the case was meant to protect.
What you can rely on when naming us
If you're considering NCA, here are the things that tend to matter:
A clear connection to your class. NCA's programs serve the same consumers and small businesses affected by privacy and security harms. We can provide a written statement, tailored to your case, describing how an award would benefit the people your case was about.
No conflicts of interest. NCA is independent of the parties, counsel, and the court in any matter where it's considered. On request, we'll provide a written disclosure confirming we have no preexisting relationship with counsel, the parties, or the presiding judge, or disclosing one if it exists, so the court can weigh it.
An established organization. NCA is a 501(c)(3) with a national footprint, professional staff, and a 20-plus-year operating history, not an entity created to receive a single award. We founded Cybersecurity Awareness Month and we can document our ability to put the funds toward their intended educational purpose.
National reach, with flexibility. NCA operates nationwide and can focus programming on a particular population or region where that's preferred.
Conflict-of-interest statement
NCA will provide a signed conflict-of-interest disclosure for any matter in which it is proposed as a recipient. Absent a disclosed relationship, NCA confirms that it has no financial, governance, or referral relationship with class counsel, defense counsel, the named parties, or the court that would compromise the independence of the award.
Organizational facts for your declaration or motion
Legal name: National Cybersecurity Alliance
Tax status: 501(c)(3) tax-exempt nonprofit- EIN: 37-1861631
Founded: 2001
Mailing address: 717 Coliseum Drive NW, Winston-Salem, NC 27106
Leadership and board of directors: About Us - National Cybersecurity Alliance
Annual reach: programs including Data Privacy Week and Cybersecurity Awareness Month reach millions of individuals and organizations annually, NCA has been quoted or mentioned in 110+ media outlets and we have over 40,000 newsletter subscribers.
How awarded funds are used
Cy pres awards support NCA's core public-service work: free, practical security and privacy education for individuals, families, and small to medium-sized businesses; national awareness initiatives; and tools that help the public protect their data and recognize online threats. NCA will:
Direct funds toward programs that align with the subject matter of the underlying litigation;
Accept reasonable, court-specified restrictions on the use of an award; and
Provide an accounting or report on the use of funds where a court or the parties require one.
Prior cy pres and residual-fund awards
NCA has been named as a cy pres or residual-funds recipient in multiple data-privacy and data-breach class actions, including:
Sanders v. Ibex Global Solutions
Lundy et al. v. Meta Platforms Inc.
Medina v. Albertsons
Perez et al v. Carvin Wilson Software LLC
Lockridge v. Qualified Temporary Services Inc.
AFNI Data Incident Settlement Fund
Mednax Services, Inc
What NCA will provide to support court approval
On request, and without obligation, NCA can supply:
A letter of support or declaration tailored to your case describing the nexus to the class;
A conflict-of-interest disclosure;
Proof of 501(c)(3) status, Form 990s, and financials;
A description of intended use of funds
Discuss fit before you name us
We're glad to talk through whether NCA is an appropriate recipient for a particular matter before anything is filed, and to confirm there are no conflicts in your case.
Contact: Max McKenna, Director of Partnerships, max@staysafeonline.org
General inquiries: info@staysafeonline.org