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notices and obtain BIPA-compliant consents from all test takers in Illinois unless and until BIPA is amended, repealed, invalidated, or otherwise declared unconstitutional.