ExamSoft Class Action Settlement

The Problem

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”).

What We Did

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.

What Our Clients Got

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notices and obtain BIPA-compliant consents from all test takers in Illinois unless and until BIPA is amended, repealed, invalidated, or otherwise declared unconstitutional.