A federal appeals court has ruled that Google’s agreement to pay $5.5 million to data privacy organizations to settle a consumer class action didn’t properly compensate those whose privacy was invaded by one of the company’s tracking programs.

The U.S. Court of Appeals for the Third Circuit upended a Delaware federal judge’s approval of the class action settlement—which, in addition to paying data privacy groups with cy pres contributions to research best practices, paid class lawyers’ fees and costs, along with payments to a few class representatives.