Law graduates sitting for the bar exam last summer met an unhappy surprise when ExamSoft, the software program used to administer the two-day test, broke down completely after the first day, forcing thousands of frustrated test-takers to stay up late the night before the second day fretting away over a computer problem rather than sleeping in a pile of couch pillows and take-out Thai food like any self-respecting bar examinee with a full day of testing yet ahead of them. Because of this, last week a class action settlement against ExamSoft for $2.1 million was submitted to the court for approval, which comes out to about $90 per person.
Considering that taking the test on ExamSoft (rather than on pen and paper) costs test-takers an extra payment of between $100 and $150, was anything short of a full refund fair? No. This settlement is partially fair. A full refund would have been adequate. A full refund and $90 would have been fully fair. It seems the class lawyers took what they could get here.
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