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ExamSoft Worldwide Inc. has agreed to settle a class action lawsuit that alleges its SofTest software used by some test takers during the July 2014 Bar Exam had a programming glitch that prevented them from uploading their answers. If you registered and/or paid to use the SofTest software for the July 2014 Bar Exam, you may be entitled to a cash payment from the ExamSoft class action settlement.
ExamSoft is a computer software company that specializes in computerized assessment and assessment-administration programs. According to the class action lawsuit, ExamSoft provides bar exam software for nearly 90 percent of the United States.
“When exam takers are finished with the day’s bar exam, they use the ‘SofTest’ program to upload their answers to Defendant ExamSoft’s Uploading Network,” the ExamSoft class action lawsuit says. “It charges fees up to $150.00 for exam takers to use this SofTest program.”
SofTest allows bar exam takers to use their own laptop computers instead of writing out the exam by hand, blocking their access to files, programs and the Internet while they are taking the test. ExamSoft touts the convenience and reliability of its SofTest program, claiming that more than 8 million exams have been successfully administered with the software.
“Nevertheless, despite ExamSoft’s representations about its software, ExamSoft users experienced a severe technical breakdown on or about July 29, 2014, leaving Plaintiffs and Members of the Class alleged herein unable to upload their bar exam and, therefore, unable to complete that part of the bar exam,” the ExamSoft class action lawsuit alleges.
The plaintiffs allege they received an error message after they tried to upload their responses to the bar exam, indicating that their answer files did not upload. Further, they claim the bar exam takers received confusing, sometimes contradictory emails about whether their answers had been uploaded. “Plaintiffs and the Class also had a complete inability to verify whether their exams were submitted before state-mandated deadlines,” the ExamSoft class action lawsuit says.
The ExamSoft SofTest class action lawsuit asserts various consumer fraud, negligence and contract claims.
ExamSoft denies any liability but has agreed to settle the SofTest class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
Who’s Eligible
Class Members of the ExamSoft class action settlement include: “all individuals and entities in the United States who registered and/or paid to use the [SofTest] Software for the July 2014 Bar Exam,” excluding the following:
- Bar exam takers who exclusively tested in New Jersey, Massachusetts, or the U.S. Virgin Islands (which did not use the Software to test on July 29, 2014);
- Bar exam takers who never uploaded any actual (as opposed to mock) July Bar Exam files;
- Bar exam takers who uploaded all July 28 and/or 29, 2014 Bar Exam files by 5:52 PM EDT on July 28, 2014 and for whom there is no record of a failed attempt to upload prior to that time on July 29, 2014;
- Any Judge or Magistrate presiding over the class action lawsuit and members of their immediate families;
- ExamSoft Worldwide Inc. and any of its subsidiaries, parent companies, successors, predecessors, and any entity in which ExamSoft or its parents have a controlling interest, and any of their current or former officers, directors, employees, representatives, managers, members, and any other person acting for on or on behalf of ExamSoft;
- Persons who properly execute and file a timely request for exclusion from the ExamSoft class action settlement (the exclusion deadline is July 12, 2015); and
- The legal representatives, successors or assigns of those who have excluded themselves from the ExamSoft class action settlement.
Potential Award
Up to $90. If the total amount of approved claims exceeds $2.1 million, each eligible Class Member will receive a pro rata share based on the total number of approved claims submitted.
Proof of Purchase
N/A.
Claim Form
Claim Form Deadline
11/23/2015.
If you wish to file online, you must have a ClaimId and PIN, which you may have received with the Class Notice. If you did not receive notice of the ExamSoft class action settlement, you can call 1-877-811-2354 for a paper Claim Form or download a Claim Form (PDF) from the settlement website.
Case Name
West, et al. v. ExamSoft Worldwide Inc., Case No. 1:14-cv-22950, in the U.S. District Court for the Southern District of Florida
Final Hearing
10/9/2015
Settlement Website
www.ExamSoftSettlement.com
Claims Administrator
West et al. v. ExamSoft Worldwide Inc.
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
1-877-811-2354
info@ExamSoftSettlement.com
Class Counsel
John Allen Yanchunis Sr.
MORGAN & MORGAN
Jay Edelson
EDELSON PC
Gretchen Freeman Cappio
KELLER ROHRBACK LLP
Benjamin F. Johns
CHIMICLES & TIKELLIS LLP
Tina Wolfson
AHDOOT & WOLFSON
Defense Counsel
Jay P. Lefkowitz
Joseph Serino Jr. PC
Kristin Sheffield-Whitehead
KIRLAND & ELLIS LLP
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