Bloom et al. v. ACT, Inc.

NOTICE OF PENDING CLASS ACTION SETTLEMENT

AND NOTICE OF PROPOSED SETTLEMENT

Certain ACT Test examinees who tested with disability-related accommodations as part of ACT’s Special Testing (rather than as part of National Testing) or who reported disability information to ACT when they completed an optional demographic questionnaire may be eligible for benefits from a class action settlement.

THIS IS A NOTICE OF A SETTLEMENT OF A CLASS ACTION LAWSUIT.

YOU ARE NOT BEING SUED.

A federal court authorized this Notice. This is not a solicitation from a lawyer. A settlement has been reached with ACT, Inc. (“ACT”) (the “Settlement”) in a class action lawsuit, Bloom et al. v. ACT, Inc., Case No. 2:18-cv-06749-GW-KS (C.D. Cal.) (the “Lawsuit”). The plaintiffs who filed the Lawsuit (the “Named Plaintiffs”) alleged that ACT violated certain laws by (1) reporting the disabilities of examinees or otherwise identifying examinees with disabilities on college score reports, (2) denying examinees who tested with accommodations as part of Special Testing (as opposed to National Testing) an equal opportunity to participate in ACT’s Educational Opportunity Service, a service offered to colleges to assist in their efforts to recruit applicants, and (3) permitting colleges to search for prospective applicants through EOS on the basis of the existence and type of their disabilities.

ACT denies the Named Plaintiffs’ allegations. However, as part of the Settlement, ACT has agreed under a consent decree to stop or change certain practices related to the collection and use of disability-related information and the ways for Special Testing examinees to enroll in EOS (the “Consent Decree”). All Class Members in the United States (as defined in the Consent Decree, see Question 2) have rights under the Consent Decree. In exchange, all Class Members will release their right to seek further injunctive relief from ACT related to the facts alleged in the Lawsuit, the collection or disclosure of disability or disability-related information in connection with the ACT Test, enrollment in the Educational Opportunity Service, or disclosure of disability-related information through the Educational Opportunity Service.

If, according to ACT’s records, you resided in California at the time you took the ACT Test or took the ACT Test in California, you may also be entitled to compensation under the Settlement. The Settlement provides $16,000,000 as a Settlement Amount to resolve claims asserted under California law on behalf of certain individuals who reside or took the ACT Test in California. The Settlement Amount minus administrative costs, service awards to the Named Plaintiffs, and attorneys’ fees and expenses for Class Counsel will be distributed to certain California ACT examinees who tested with disability-based accommodations as part of ACT’s Special Testing program (as opposed to National Testing) or who reported their disabilities to ACT during exam registration or administration (the “California Class”). If you are a potential Class Member (see Question 2) but did not reside in California at the time you took the ACT Test or did not take the ACT Test in California, then you are not entitled to receive any monetary payment pursuant to this Settlement.

In settling the Lawsuit, ACT does not admit or concede any liability or wrongdoing whatsoever to Plaintiffs or any Class Members and expressly denies any such liability or wrongdoing. ACT further disputes that any Settlement Class Member, including Named Plaintiffs, has sustained any damages or injuries due to the alleged acts. The Court has made no finding that ACT engaged in any unlawful conduct.

This Notice contains information about the Settlement and the Lawsuit. It is critical that you read this entire Notice carefully, because your legal rights are affected whether or not you act.

As described in more detail below, the Settlement automatically distributes payments to you if you received this Notice by mail or email and do not opt-out of the Settlement or inform the Settlement Administrator that you are not a Class Member. YOU MUST CONTACT THE SETTLEMENT ADMINISTRATOR TO PROVIDE AN UPDATED ADDRESS IF THE ADDRESS INFORMATION ON THE NOTICE IS NOT ACCURATE. OTHERWISE, YOU MIGHT NOT RECEIVE YOUR SETTLMENT PAYMENT.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING	If you received this Notice by mail or email, ACT’s records preliminarily indicate that you are a member of the California Class and are eligible for a payment. If you do nothing, you will receive at least one, and potentially two, payments in exchange for giving up your right to assert claims against ACT based on the facts alleged in the Lawsuit that has been settled. In addition, anyone reading this Notice may be a member of the Settlement Class for injunctive relief purposes. If you do nothing, you will release your right to seek injunctive relief from ACT based on the facts alleged in the Lawsuit if the Court approves the Settlement.
EXCLUDE YOURSELF SEPTEMBER 1, 2021	You may choose not to receive a payment and not to participate in the Settlement as a member of the California Class. If you choose to exclude yourself (opt-out), you will not be included in the Settlement, you will receive no payments, and you will keep any right you currently have to assert claims against ACT for damages based on the facts alleged in the Lawsuit. However, you will still be a Class Member for injunctive relief purposes and will release your right to seek injunctive relief from ACT based on the facts alleged in the Lawsuit if the Court approves the Settlement.
OBJECT SEPTEMBER 1, 2021	You may file objections to the Settlement, provided you have not chosen to opt-out of the Settlement. If you do this, you will still be a Class Member but any payments that you or other Class Members receive will depend on whether the Court approves the Settlement and the terms upon which it does so. To object to the Settlement, you must write to the Court and explain your objection, as described in FAQ Question 8.