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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE: The California ACT Test Class Action Settlement was granted final approval on April 5, 2021. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
California residents who reported disabilities on their ACT test may be able to receive payment from a $16 million class action settlement over allegations of improper disclosure.
Individuals who can benefit from the class action settlement include those who took an ACT test in California between Sept. 1, 2002, and Aug. 2, 2020. To be eligible, Class Members must have either disclosed a disability, i.e., “provided an Eligible Student Profile Section (SPS) Question 8 Response,” used “Special Testing,” or left a blank response on a Special Testing answer folder.
ACT Inc., the maker of one of the major college entrance exams, was hit with a class action lawsuit alleging it improperly disclosed test takers’ disability status. According to the complaint, ACT included disability status on information it gave to colleges and sold to third parties.
The plaintiffs alleged that they and other ACT test takers were asked to disclose their disabilities in order to receive accommodations during the test-taking process. They claimed this information was given to other parties without their knowledge.
The class action lawsuit accused the test maker of disclosing this information to “gain an edge” over the competition, the College Board, that does not disclose the disability status of test taker. ACT allegedly touted the extra information as a way for colleges to target certain groups.
The plaintiffs accused ACT of violating privacy laws. In addition, the test takers claimed the information could be used by colleges to deny applications from students with disabilities so the school could avoid paying for accommodations.
“ACT is not only affecting the opportunities of students with disabilities in the fiercely competitive college admissions process,” the complaint contended. “It is also affecting their opportunities in future employment.”
ACT Inc. denied any wrongdoing but agreed to pay $16 million to end the class action lawsuit. In addition to payments to Class Members, the company has agreed to stop practices the plaintiffs said were discriminatory, including:
- Score flagging
- Special testing EOS
- EOS disability search
- Asking “examinee’s disability status during registration for or administration of the ACT Test for reasons unrelated to the provision of testing accommodations”
There are two sets of Class Members.
Class Members who resided in California when they took the ACT between Sept. 1, 2002, and Aug. 2, 2020, and disclosed disability information may be eligible to receive up to two payments from the settlement fund. Residents of the United States who disclosed disability information on their ACT test are entitled to injunctive relief under the settlement agreement.
Under the terms of the settlement agreement, California test takers will receive at least one payment from the settlement fund. After initial payments go out and administrative costs are paid, any remaining funds may be sent out as a second payment to Class Members.
Payments will depend on the number of Class Members who do not opt out of the settlement. There are 65,728 Class Members.
Class Members eligible for a payment from the settlement fund will automatically be entered and do not need to submit a claim; however, they can update their contact information with the claims administrator using the Claim ID and PIN Code on their settlement notice.
The deadline for Class Members to object to or opt out of the class action settlement is Dec. 21, 2020. A fairness hearing is scheduled for April 1, 2021.
Who’s Eligible
Class Members include those who took an ACT test in California between Sept. 1, 2002, and Aug. 2, 2020. To be eligible, Class Members must have either disclosed a disability, i.e., “provided an Eligible Student Profile Section (SPS) Question 8 Response, used “Special Testing,” or left a blank response on a Special Testing answer folder.
In addition, Class Members who can take part in injunctive relief include residents of the United States who disclosed disability information on their ACT test.
Potential Award
To Be Determined
- An initial payment to California Class Members will be determined by the total number of Class Members who do not opt out.
- There are 65,728 Class Members.
- A second payment may be made to California Class Members if there are remaining settlement funds after administrative costs are paid.
Proof of Purchase
Class Members are automatically entered into the settlement. Class Members can update their address online using the Claim ID and PIN Code on their settlement notice.
Address Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Opt Out/Exclusion Deadline
12/21/2020
Case Name
Bloom, et al. v. ACT Inc., Case No. 2:18-cv-06749-GW-KS, in the U.S. District Court for the Central District of California, Western Division
Final Hearing
04/01/2021
Settlement Website
Claims Administrator
Bloom v. ACT settlement administrator
c/o KCC Class Action Services LLC
P.O. Box 43434
Providence, RI 02940-3434
admin@ACTClassActionSettlement.com
1-855-786-0914
Class Counsel
Rahul Ravipudi
Jesse Creed
PANISH SHEA & BOYLE LLP
Marci Miller
MILLER ADVOCACY GROUP
Defense Counsel
SMITHADMUNDSEN LLC
Read About More Class Action Lawsuits & Class Action Settlements:
9 thoughts onCalifornia ACT Test Class Action Settlement
According to an order filed with the court on June 29, 2021, payments to eligible claimants will be made by August 15, 2021.
Has anyone seen a check yet?
How do you get clam code
Add me to the list
Ofcoures the school would be notified. You got extra time to take the test.
I live in Hawaii and took the ACT in highschool but don’t know if this pertains to me or not?
This only for California test takers.
My kids was in this act and I lived in California how do I get the claim id and code
Hello can someone help me