Respondus online exam BIPA $6.25M class action lawsuit settlement

Respondus Inc. agreed to a $6.25 million settlement to resolve a class action lawsuit claiming it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting biometric identifiers from people taking exams.

The settlement benefits anyone who took an exam using Respondus Monitor while physically present in Illinois at any time between Nov. 11, 2015, and June 2, 2023. 

BIPA prohibits the collection, storage and use of a person’s biometric data, such as fingerprints, faceprints or irises, for any purpose without first providing notice and getting consent in writing. 

The lawsuit alleged Respondus violated BIPA in Illinois through the use of its exam software Respondus Monitor by using biometric data to identify individuals without complying with the law’s requirements.

Respondus denies the allegations and denies it violated BIPA, denying it ever collected or possessed any biometric data that could be subject to BIPA.

Respondus has been making programs for online testing for two decades. Each year hundreds of millions of exams use the company’s programs LockDown Browser and Respondus Monitor, the company says.

Eligible Respondus users can file a claim to receive a cash payment. 

The amount of each payment is estimated to be around $50, depending on the number of approved claims submitted. Settlement class members who submit an approved claim during the claims period will get their money in one payment. 

The deadline for exclusion and objection is July 31, 2023.

The final approval hearing for the Respondus class action lawsuit settlement is scheduled for Aug. 31, 2023.

The claim form is due by Aug. 30, 2023. 

Who’s Eligible

Anyone who took an exam using Respondus Monitor while physically present in Illinois at any time between Nov. 11, 2015, and June 2, 2023. 

Potential Award

$50 (estimated)

Proof of Purchase

Name, personal attestation that you used Respondus Monitor while physically present in the state of Illinois and attending an educational institution other than a public Illinois institution and the name of the college or university that you were enrolled in.

Claim 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.

Claim Form Deadline

08/30/23

Case Name

Veiga, et al. v. Respondus Inc., Case No. 2023LA000430, in the U.S. Circuit Court for the 18th Judicial Circuit for the State of Illinois, County of DuPage.

Final Hearing

08/31/23

Settlement Website

BIPA-ExamSettlement.com

Claims Administrator

Veiga v. Respondus c/o Kroll Settlement Administration
P.O. Box 5324
New York, NY 10150-5324
833-747-6499

Class Counsel

Gary M Klinger
Jonathan B Cohen
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC

Defense Counsel

Matt Wolfe
SHOOK HARDY & BACON LLP