Cross-Vendor / Regulatory Pending

ACLU of Northern California / EFF Letter to California Supreme Court re: ExamSoft

Administrative letter (no docket)

Court
Supreme Court of California (administrative)
Plaintiffs
Electronic Frontier Foundation; ACLU of Northern California (Nicole Ozer)
Defendants
ExamSoft Worldwide, Inc.
Causes of action
California Consumer Privacy Act (CCPA); facial-recognition bias claims (disproportionate impact on test-takers of color and those wearing religious dress)
Settlement
N/A

Allegations

Use of ExamSoft for the October 2020 California Bar Exam violated CCPA, raised facial-recognition bias concerns disproportionately affecting test-takers of color and those wearing religious dress, and risked privacy/security harms.

Outcome / Status

CA Supreme Court issued partial remedy (PII destruction directive) but declined to drop ExamSoft entirely.

Appellate history

None
Source / docket ↗

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