Pearson Testing $18.2M BIPA Class Action Settlement

If you had your palm scanned at a Pearson test center in Illinois between January 13, 2017, and October 25, 2023, or took a remotely proctored Pearson OnVUE exam from an Illinois location between August 15, 2019, and February 1, 2023, you may be eligible to submit a claim for a cash payment from a class action settlement.

NCS Pearson, Inc. has agreed to pay $18,224,000 to settle a class action lawsuit for allegedly using palm scan and facial comparison technology during exam administration in Illinois without providing the required written disclosures or obtaining valid written consent.

Who is eligible for a BIPA settlement payout?

You are a class member if:

• You had your palm scanned in connection with an exam administered at a Pearson test center in Illinois between January 13, 2017, and October 25, 2023, and did not consent to the Pearson VUE Biometric Data Policy effective February 1, 2023.
• You took a remotely proctored exam through Pearson’s OnVUE online testing system from a location within Illinois between August 15, 2019, and February 1, 2023, that may have used facial comparison technology.

How much is the class action payment?

Pro Rata Cash Payment: Each approved claimant will receive a cash payment. Final amount will be determined by the number of claims submitted.

How to claim a settlement payout

To receive a class action rebate, class members must submit a claim. You can file a claim online or download and print a PDF claim form to mail to the settlement administrator. A completed claim form can also be emailed to info@BIPATestSettlement.com.

Settlement Administrator's mailing address: Velazquez v. NCS Pearson, Inc. c/o Settlement Administrator P.O. Box 4778 Portland, OR 97208-4778

Claim forms must be submitted online, emailed or postmarked by June 20, 2025.

Required information for claim submission

Unique ID from official notice is required to submit an online claim.

Exam Sponsor (entity or organization that the exam was for) must be provided on claim form.

Payout options

• Payments will be issued by check mailed to the address provided on your claim form.
• Checks will expire and become void 90 days after issuance.

$18.22 BIPA class action million settlement fund

The settlement fund of $18,224,000 will include the following:

• Attorneys’ fees: Up to $6,924,320
• Service awards to class representatives: Up to $10,000 and $6,000, a total not to exceed $16,000
• Settlement administration expenses: To be determined
• Payments to class members with valid claims: Remaining settlement funds

Important dates

• Deadline to Exclude Yourself from the Settlement: June 5, 2025
• Deadline to File a Claim: June 20, 2025
• Final Approval Hearing: July 8, 2025

When is the Pearson class action lawsuit payout date?

The final hearing will take place on July 8, 2025. Payments to approved claimants will be issued approximately 75 days after the court grants final approval.

Why did this class action lawsuit and settlement happen?

The class action lawsuit alleged that NCS Pearson, Inc. used palm scan and facial comparison technology as part of exam administration in Illinois without providing legal written disclosures or obtaining valid written consent, as required by the Illinois Biometric Information Privacy Act (BIPA). Pearson denies any wrongdoing or violation of the law.

Both agreed to settle to avoid the cost of further litigation and the possibility of a trial.

Sources

1. Class Notice
2. Settlement Website FAQ Page