Consent decree
A consent decree is a settlement that a judge signs and enforces as a court order, so the company must follow its terms or answer to the court.
Also called: consent judgment, consent order
A consent decree is a settlement that a judge signs and enforces as a court order, so the company must follow its terms or answer to the court.
What it means
A consent decree is a settlement that a judge approves and turns into a court order. Both sides agree to the terms, but once the judge signs, the agreement is enforceable like any other order of the court. The U.S. Supreme Court has described consent decrees as having features of both a contract and a court decree.
Government cases often end this way. When an agency sues a company over a practice and the two sides settle, the decree can require the company to change its conduct, pay money or both, and it can run for a set period under the court's watch. In some federal agency cases, the proposed decree is published for public comment before the judge enters it.
Private class actions use decrees too, especially when a settlement includes injunctive relief that the court should be able to enforce. Once a decree is entered, the parties cannot simply rewrite it. Changes need the court's permission.
What it means for you
If you see "consent decree" in the news, it often means a company settled a case with a government agency. A decree does not automatically pay you. Some include refunds for customers, and many do not. Check the agency's refund page or the settlement website to see whether there is money and how to claim it.
Consent decrees can also appear in class action settlements, where they hold a company to promised changes. Those changes apply whether or not you file a claim. Because the court can enforce the decree, the parties can ask the judge to step in if the company breaks it.
Example
Say a state attorney general sues a travel website over hidden booking fees. Instead of going to trial, the attorney general and the company sign a settlement and ask the judge to enter it as a consent decree. The decree bars the hidden fees, requires clear price displays, and sets up a refund program for customers who were charged in the past. If the company later brings the fees back, the attorney general can ask the judge to enforce the decree.
FAQ
Not exactly. A class action settlement is an agreement the judge must approve as fair to the class. A consent decree is a court order that puts an agreement into force, and some class settlements, especially ones with injunctive terms, are entered that way.
It can try, but the court can enforce the decree if it does. The other side can ask the judge to step in. A decree can be changed only by the court, for example when circumstances shift.
Related terms
- Frew v. Hawkins (U.S. Jan. 14, 2004) (Cornell LII)
- U.S. Department of Justice, Environment and Natural Resources Division: consent decrees open for public comment
- 28 U.S.C. § 1715, notifications to appropriate Federal and State officials (Cornell LII)
Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.