ACT Test Takers with Disabilities Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

ACT, Inc. is known for its tests related to college admissions. This settlement resolves a class action against it concerning those who took its tests who had disabilities. The complaint claimed that ACT violated laws by doing a number of things: (1) reporting the disabilities of those who took the test on score reports to colleges; (2) not allowing test-takers who received accommodations in Special Testing (rather than participating in National Testing) to take part in ACT’s Educational Opportunity Service (EOS) provided to colleges; and (3) allowing colleges to look for applicants through EOS by disabilities.

Docket Number:

2:18-cv-06749-GW-KS

Company: ACT, Inc.

Filing Deadline: January 1, 2100

Class Period: September 1, 2002 to August 2, 2020

Objection Deadline: December 21, 2020

Exclusion Deadline: December 21, 2020

Final Approval Hearing: April 1, 2021

Proof of Purchase:

No claim forms are available for this settlement. Presumably ACT’s records are being used to identify class members.

Eligibility:

You may be eligible if you are in either of the following classes:

California Disclosure Class: all individuals who
- took a college-reportable ACT test between September 1, 2002 and August 2, 2020,
- who lived in California when they took the test, or took the test in California, and
- satisfy at least one of the following: (a) the individual provided an Eligible Student Profile Section (SPS) answer to Question 8 (that is, an affirmative answer about disabilities that would require special provisions from a school), or (b) the individual was given the exam through Special Testing.

California EOS Class: all individuals who
- took a college-reportable ACT test between September 1, 2007 and August 2, 2020,
- who lived in California when they took the test, or took the test in California, and
- who left the response to the EOS Opt-In Query blank on the Special Testing answer folder for at least one test.

Typical Settlement Amount:

A check for a portion of the net settlement fund will be distributed to each class member. Members of the California Class will receive one “share” and members of the California EOS Class will receive two “shares.”

Total Settlement Amount: $16,000,000

Class Representative Proposed Incentive Fee:

Up to $5,000

Law Firms:
Miller Advocacy Group
Panish Shea & Boyle LLP

Case Name:

Settlement Website: ACT Test Takers with Disabilities Settlement Website

Claims Administrator:
KCC Class Action Services, LLC

Claims Administrator Contact Information:

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

Tags: Education, Individuals with Disabilities, Testing