ExamSoft was allegedly collecting and storing the biometric data of Illinois students without complying with the requirements of the Illinois Biometric Information Privacy Act (“BIPA”).
We filed a class action lawsuit on behalf of Illinois students who used ExamSoft to take exams between January 2020 and May 2021. After a year of litigation, we negotiated a settlement valued at over $2.25 million.
The Court awarded each class representative a $5,000 service award. Class members automatically received a pro-rated share of the settlement fund depending on whether the student took an exam at a public school, private school, or the Illinois Bar Exam. In addition, on or about May 6, 2021, ExamSoft updated its notices and consents and agreed to continue to provide BIPA-compliant notices and obtain BIPA-compliant consents from all test takers in Illinois unless and until BIPA is amended, repealed, invalidated, or otherwise declared unconstitutional.