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This site provides information concerning the settlement that
has been reached in a class action lawsuit regarding the scanning issue related
to the October 2005 SAT test scores. The Court provided Final Approval of the
Settlement on November 30, 2007.
What is the Class Action about? Plaintiffs brought suit
against NCS Pearson and the College Board when they learned of an alleged
scanning issue that may have affected about one percent of the SAT tests
administered in October 2005. Plaintiffs made claims for negligence, strict
liability, defamation, breach of contract, breach of warranties and violation
of various consumer protection statutes. NCS Pearson and the College Board deny
any wrongdoing and will continue to vigorously defend this case if the Court
does not approve this Settlement. Nevertheless, after lengthy settlement
discussions overseen by a private mediator, the parties agreed to settle this
lawsuit without admitting any liability to avoid lengthy and expensive
litigation, and to allow the Settlement’s benefits to be distributed to the
Plaintiffs and other members of the class as soon as possible.
You are a Class Member and will receive benefits if you met all of these
conditions:
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You took the October 2005 SAT.
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You received a revised score report from the College Board as the result
of the scanning issue.
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If you submitted a completed Official Claim Form to the Claims Administrator
before the Claim Form filing deadline date of December 29, 2007.
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If you did not submit a timely opt out from the class action.
What is the settlement? A settlement fund up to $2.85
million is available on a claims-made basis for cash payments and other
benefits to Class Members who complete and submit an Official Claim Form.
Attorneys’ fees and expenses for Class Counsel, and the cost of notifying Class
Members and administering the settlement will also be paid from the settlement
fund.
Each Class Member who completed and submitted an Expedited Claim Form will
receive a baseline award of $275.00. If you believed that you were entitled to
payment above and beyond the baseline award as a result of the October 2005 SAT
scanning issue, and you submitted an Individualized Claim Form detailing how
you were adversely impacted by the scanning issue, your claim was reviewed by
the Special Master who determined the individual distribution award amounts .
Any amounts remaining in the settlement fund will be distributed to charitable
organizations to be determined by the Court.
The Class Notice describes all of the details about the settlement and provides
answers to the most frequently asked questions.
DISTRIBUTION OF SETTLEMENT FUNDS
Distribution payments were mailed on May 30, 2008 to class members that
submitted a timely Claim Form. If you filed a timely claim and have not
received your distribution payment, you can call the toll free number at
1-888-568-7675 and leave a message. Your call will be returned within 2
business days.
Acrobat Reader is required to view the PDFs. You may already
have the Adobe Acrobat Reader on your computer or on disks that came with your
computer. If you do, you won’t need to download Adobe Acrobat. If you do not
have Acrobat, Please
click here to download the Free Adobe Acrobat Reader.
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