Frederick, et. al. v. Examsoft Worldwide, Inc.
ExamSoft BIPA Settlement
Case No. 2021L001116

Welcome to the ExamSoft BIPA Settlement Website

IF YOU ARE AN ILLINOIS RESIDENT WHO TOOK AN ONLINE EXAM USING EXAMSOFT’S SOFTWARE BETWEEN JANUARY 1, 2020 AND MAY 5, 2021 AND HAD YOUR BIOMETRIC IDENTIFIERS AND/OR BIOMETRIC INFORMATION COLLECTED, CAPTURED, RECEIVED, OR OTHERWISE OBTAINED BY EXAMSOFT YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.

Important:
Class Members can receive payment from ExamSoft either electronically or by check if the Settlement is approved. To receive your share of the Settlement by Venmo or PayPal, you must have filed and Election form by March 14, 2022. The deadline has passed.

If you do not make an election, payments will default to check. Please use the Contact Us form to submit your current mailing address, along with your name and Unique ID (located at the top of your notice).

Class Members who did not File an Election or update their current address could result in receiving delayed payment.

What Is This Lawsuit About?

A Settlement has been reached in a class action lawsuit against ExamSoft Worldwide, LLC f/k/a ExamSoft Worldwide, Inc. (“ExamSoft”). In the class action lawsuit, plaintiffs allege that ExamSoft unlawfully collected, captured, received, or otherwise obtained and/or stored the Biometric Identifiers and/or Biometric Information of Illinois test-takers through its online proctoring software. ExamSoft denies the allegations.

Who Is In The Settlement Class?

You are included if you are an Illinois resident and used ExamSoft’s software to take an online exam between January 1, 2020 and May 5, 2021, and had your biometric identifiers and/or biometric information collected, captured, received, or otherwise obtained and/or stored by ExamSoft.

What Does The Settlement Provide?

A Settlement Fund has been created totaling $2,250,000.00. Settlement Class Member payments as well as the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees, and an award to the Class Representatives, will come out of this fund. Those included in the Settlement will be eligible to automatically receive a pro rata payment from the Net Settlement Fund.

Additionally, on or about May 6, 2021, ExamSoft updated its notices and consents. It agrees 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.

YOUR LEGAL RIGHTS AND OPTIONS

Option and Deadline
Description
DO NOTHING Once the Settlement becomes Final, you will automatically receive a payment that is a pro rata share of the Net Settlement Fund—the remainder of the Settlement Fund after the deduction of attorneys’ fees, expenses, incentive awards, notice and settlement administration costs, and any other costs agreed to by the Parties and approved by the Court.  Your pro rata share will be determined by whether you are a Private University Student, Public University Student, or Bar Exam Taker.  You will receive your share by check.
FILE AN ELECTION FORM
March 14, 2022 - Passed		 You do not need to do anything to receive a payment. However, you may have chosen to file an Election Form to receive your payment via Venmo or PayPal, rather than by mailed check.
EXCLUDE YOURSELF
March 14, 2022 - Passed		 You will receive no benefits, but you will retain any rights you currently have to sue ExamSoft about the claims in this case.  Excluding yourself is the only option that allows you to ever bring or maintain your own lawsuit against ExamSoft regarding the allegations in this case ever again.
OBJECT
March 14, 2022 - Passed		 You could have written to the Court explaining why you don’t like the Settlement.
ATTEND A HEARING
April 7, 2022 at 10:00 a.m. CST - Passed		 You could have asked to speak in Court about the fairness of the Settlement.

For More Information

Visit this website often to get the most up-to-date information.

Call
1-877-389-1908
Email
info@ESBIPASettlement.com
Mail
ES BIPA Settlement
c/o JND Legal Administration
P.O. Box 91398
Seattle, WA 98111