Litigation

Lawsuits where proctoring vendors are defendants.

39 cases tracked across federal, state, appellate, and administrative proceedings.

By proctoring company

ExamSoft / Examplify 6

ProctorU / Meazure Learning 6

Cross-Vendor / Regulatory 5

Pearson VUE / NCS Pearson 5

Proctorio 4

Respondus 4

Honorlock 2

PSI / Talview 2

ProctorTrack / Verificient 2

Kryterion 1

Inspera 1

Mercer Mettl 1

Causes of action

Biometric / BIPA 12

Consumer protection 9

Data breach / Negligence 9

Breach of contract 8

Other 7

Fraud / Misrepresentation 6

Civil rights / ADA 4

First Amendment / IP 2

Fourth Amendment 1

Court / Jurisdiction

N/A — pre-litigation investigation 4

U.S. District Court, Northern District of Illinois 3

U.S. District Court, Northern District of California 3

U.S. District Court, Southern District of Florida 2

N/A 2

Circuit Court of Cook County, Illinois, Chancery Division 2

Supreme Court of California 1

Likely N.D. Ill. or Cir. Ct. Cook County 1

N.D. Ill. 1

U.S. District Court, Southern District of Ohio 1

Cross-Vendor / Regulatory Pending

Ogletree v. Cleveland State University (4th Amendment ruling implicating Respondus and Honorlock)

1:21-cv-00500-JPC (district); appeals 23-3043 and 23-3081 (6th Cir.)

CSU required students to perform room scans before remote proctored exams using Respondus and Honorlock; the warrantless visual entry into Ogletree's bedroom constituted an unreasonable search. The court found his …

Honorlock Investigation (pre-litigation)

Ahdoot & Wolfson investigation re: Honorlock BIPA (no filed case)

Investigation announced — case caption not yet publicly available

Investigation announced regarding Honorlock's collection of facial recognition and biometric data from Illinois students without informed consent.

ExamSoft / Examplify Investigation (pre-litigation)

Sauder Schelkopf July 2021 California Bar investigation re: ExamSoft (no filed case)

Investigation announced — case caption not yet publicly available

Investigation announced regarding July 2021 California Bar Exam ExamMonitor/Examplify failures.

Cross-Vendor / Regulatory Pending

In re Online Test Proctoring Companies (EPIC Complaint to D.C. AG)

D.C. AG Complaint

The five companies engaged in (1) unfair and deceptive collection of excessive personal data; (2) unfair use of opaque, unproven AI; (3) Proctorio's and Honorlock's deceptive uses of facial recognition; …

Cross-Vendor / Regulatory Pending

U.S. Senators' Inquiry Letters re: Online Proctoring

Senate Inquiry (no docket)

Privacy, accessibility, equity, and civil-rights bias issues in remote proctoring; deadline December 17, 2020.

ProctorU / Meazure Learning Investigation (pre-litigation)

ProctorU 2020 data breach class action investigation (Migliaccio & Rathod LLP)

Investigation announced — case caption not yet publicly available

Migliaccio & Rathod LLP publicly announced investigation in September 2020 over July 2020 data breach exposing user records on hacker forum (records dating back to 2012). Per Bleeping Computer reporting, …

ExamSoft / Examplify Pending

Prado-Galarza v. ExamSoft Worldwide, Inc. (originally Prado v. ExamSoft Worldwide Inc.)

6:20-cv-01294-CEM-EJK

ExamSoft's activity log falsely showed Prado adding 42 characters after exam time elapsed, prompting an Ethics Committee investigation by the Florida Board of Bar Examiners; Prado spent over $25,000 on …

Pearson VUE / NCS Pearson Dismissed

Kylie S. v. Pearson plc and NCS Pearson, Inc.

N.D. Ill. case (specific docket not located in public sources reviewed)

Class action over the same November 2018 AIMSweb data breach affecting approximately 11.5 million student records.

ProctorTrack / Verificient Settled

Gray v. Verificient Technologies, Inc.

2018-CH-16054

Verificient's ProctorTrack remote exam service required users to provide biometric scans of face and/or knuckles for identity verification without complying with BIPA's notice, consent, and retention requirements.

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