Frequently Asked Questions

  1. Why is there a Settlement?
  2. Who is in the Settlement Class?
  3. If I am eligible, how much money will I get?
  4. Do I need a lawyer in this case?
  5. How will the Class Counsel be paid?
  6. How much will the Named Plaintiffs be paid?
  7. What am I giving up if I remain in the Settlement?
  8. How do I tell the Court that I do not like the Settlement?
  9. How do I exclude myself from participating in the Settlement?
  10. What if I never took the ACT Test?
  11. When will I know if the Settlement has been approved by the Court?
  1. Why is there a Settlement?

    No court has decided in favor of either side in the Lawsuit. Plaintiffs and their lawyers believe that the claims they have made against ACT have merit, but that the proposed Settlement is fair and in the best interest of the class because it provides a recovery for eligible Class Members now, while avoiding the risk, expense, uncertainty, and delay of continuing to pursue the Lawsuit. In reaching this conclusion, Plaintiffs and their lawyers considered the possibility that one or more of the Plaintiffs and many of the Class Members might be required to bring their claims individually in arbitration, and the possibility that the Lawsuit might ultimately result in no recovery whatsoever. ACT does not believe that the claims against it have merit. It is settling because it believes that it is in the best interests of its business and its examinees to enter into the proposed Settlement and avoid the costs and disruptions of extended litigation.

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  2. Who is in the Settlement Class?

    In the preliminary approval of the Settlement, the Court has approved two subclasses affected by the illegal practices that are entitled to receive monetary payments pursuant to the Settlement:

    • California Disclosure Class: All individuals who, according to ACT's records: (a) took a college-reportable ACT Test on or after September 1, 2002 and on or before August 2, 2020, (b) resided in California at the time they took the ACT Test or took in California, and (c) satisfy at least one of the following criteria: (i) such individual provided an Eligible Student Profile Section (SPS) Question 8 Response, or (ii) such individual was administered the exam through Special Testing. An "Eligible Response to SPS Question 8" means an affirmative answer, other than "no disability," in response to ACT's inquiry as to whether the individual had a disability that would require special provisions from an educational institution.
    • California EOS Class: All individuals who, according to ACT's records: (a) took a college-reportable ACT Test through Special Testing on or after September 1, 2007 and August 2, 2020, (b) resided in California at the time they took the ACT Test or took the ACT Test in California, and (c) left the response to the EOS Opt-In Query blak on the Special Testing answer folder for at least one exam.

    In addition, the Court has approved an Injunctive Relief Class of all individuals in the Unitied States who meet either of the following criteria: (a) took the ACT Test through Special Testing at any time, or (b) provided an Eligible SPS Question 8 Response at any time. This class is not entitled to receive monetary payments (unless part of the California Class) but might benefit from the injunctive relief from the Court.

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  3. If I am eligible, how much money will I get?

    ACT and certain of its insurers have agreed to pay $16,000,000 into a settlement fund. After deducting administrative costs, service awards to the Named Plaintiffs who have served as Class Representatives, and attorneys' fees and costs, a portion of the Net Settlement Amount will be automatically distributed to you in the form of a check. The amount of the payment will depend on how many individuals are eligible to participate in the Settlement and do not choose to opt-out. If you are a member of the California EOS Class, you will receive two "shares" of the Settlement fund. A share is equal to [1/X], with X representing the total number of individuals in the California Disclosure Class plus the total number of individuals in the California EOS Class. The combined total of class members is 65,728.

    The Settlement Administrator might also make a second distribution to those claimants who have cashed an initial payment check, in proportion to their participation in the settlement find and depending on whether funds remain after payment of administrative costs. Whether a second payment is made will depend upon the discretion of Class Counsel, who also have the discretion to distribute any remaining funds to a Cy Pres Beneficiary.

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  4. Do I need a lawyer in this case?

    The Court has appointed the following lawyers, known as Class Counsel, to represent the Class Members in connection with the Settlement:

    Rahul Ravipudi (actlawsuit@psblaw.com)

    Jesse Creed

    Panish Shea & Boyle LLP

    11111 Santa Monica Blvd, Suite 700

    Los Angeles, CA 90025

    Telephone: (310) 477-1700

    Marci Miller (marci@milleradvocacy.com)

    Miller Advocacy Group

    1303 Avocado Ave., Suite 230

    Newport Beach, CA 92660

    Telephone: (949) 706-9734

    You will no longer be charged for contacting these lawyers, and they will help you with any questions about your claim at no cost to you. If you want to be represented by a lawyer other than Class Counsel, you are free to do so at your own expense.

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  5. How will the Class Counsel be paid?

    Panish Shea & Boyle LLP and Miller Advocacy Group have been approved by the court as Class Counsel for the Settlement classes. Class Counsel will ask the Court for payment of attorneys' fees and the expenses that they have incurred in this Lawsuit to compensate them for their services and expenses. Class Counsel expects to ask the court for $4,000,000, and Defendant agreed not to object to that request. The payment of these attorneys' fees and costs will reduce the benefits made available to the Class under the Settlement.

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  6. How much will the Named Plaintiffs be paid?

    ACT has agreed to pay the 11 Named Plaintiffs up to $5,000 each from the Settlement Amount, subject to final Court Approval of the Settlement and that payment.

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  7. What am I giving up if I remain in the Settlement?

    If you do nothing in response to this Notice, you will give up your right to object to the Settlement and your right to be excluded from the Settlement. If you are a California Disclosure Class Member or a California EOS Class Member and the Settlement is approved, you will automatically receive at least one payment in exchange for giving up your right to assert claims against ACT based on the facts alleged in the Lawsuit. Please ensure the Settlement Administrator has your correct mailing address to send a settlment check. Click here to update your mailing address. 

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  8. How do I tell the Court that I do not like the Settlement?

    You may write to the Court about why you object to (i.e., don't like) the Settlement and think it should not be approved. Filing an objection does not exclude you from the Settlement.

    To object to the Settlement, you must send the Court a written statement of objection. Be sure to include your name, address, telephone number, signature, the reason(s) you object to the Settlement and whether the objection applies only to you or to a specific subset of the California Classes, and the case caption, Bloom et al. v. ACT, Inc., Case No. 2:18-cv-06749-GW-KS (C.D. Cal.). If you are represented by counsel, the objection must be filed on the docket of this case through the Court's Case Management /Electronic Case Filing (CM/ECF) system. If you are not represented by Counsel, the objection must be mailed to the Clerk of the United States District Court for the Central District of California, 350 West First Street, Los Angeles, CA 90012 or filed with the Clerk of Court at any location of the United States District Court for the Central District of California.

    If you have opted out of the Settlement and fail to object in the manner specified above, you will be deemed to have waived any objections and will be prohibited from later making any objection (whether by appeal or otherwise) to the settlement agreement. The deadline for filing an objection is December 21, 2020.

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  9. How do I exclude myself from participating in the Settlement?

    You may exclude yourself from the California Disclosure Class and/or the California EOS Class only. You may not exclude yourself from the Injunctive Relief Class. To exclude yourself, you must send a written request for exclusion (an "Opt-Out Request") via U.S. Mail to the Settlement Administrator at Bloom et al. v. ACT, Inc., c/o KCC Class Action Services, P.O. Box 43434, Providence, RI 02940-3434, or submit an Opt-Out Request electronically on the settlement website listed below. Your Opt-Out Request must include (1) your full name, (2) your email address, telephone number, and physical address, (3) a clear statement communicating that you elect to be excluded from the Settlement and do not wish to be a member of the California Disclosure Class and/or California EOS Class, (4) the case caption of the Lawsuit, Bloom et al. v. ACT, Inc., Case No. 2:18-cv-06749-GW-KS (C.D. Cal.), and (5) your signature. If you exclude yourself and the Settlement is approved, you will not receive any payment under the Settlement and you will retain your right to file your own claims for damages in arbitration or court against ACT, subject to any applicable statue of limitaions or other legal constraints. Even if you exclude yourself from the Settlement, you will remain a member of the Injunctive Relief Class.

    Any Opt-Out Request must be postmarked (as determined by the date of the postmark on the return mailing envelope) or electronically submitted on or before December 21, 2020 (the "Opt-Out Deadline"). Class Members who fail to submit a valid and timely Opt-Out Request on or before the Opt-Out Deadline shall be bound by all terms of the approved settlement agreement and the preclusive effect of the Settlement. No "mass" or "class" opt-outs are permitted. Each Class Member must individually opt out of the California Classes. The deadline for filing an Opt-Out Request is December 21, 2020.

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  10. What if I never took the ACT Test?

    If you never took the ACT Test, or if you took the ACT Test but never disclosed any information regarding a disability to ACT, then you are not entitled to receive any payment in connection with this Settlement. If you nevertheless received Notice indicating you might be a Class Member, please contact the Settlement Administrator and inform them that you are not a Class Member and do not cash any check that you might receive.

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  11. When will I know if the Settlement has been approved by the Court?

    The Court will hold a "Fairness Hearing" to consider the Settlement, the request for attorneys' fees and costs by Class Counsel, and the Named Plaintiffs' request for service awards for bringing the Lawsuit. The Fairness Hearing has been scheduled for April 1, 2021. You may, but are not required to, speak at the Fairness Hearing about any objection you filed to the Settlement. If you desire to speak at the Fairness Hearing, you must also submit a "Notice to Intention to Appear" to the Court and the parties' attorneys, indicating your desire to do so. You must send a letter saying that it is your "Notice of Intention to appear in the Bloom et al. v. ACT, Inc. Class Action Settlement Fairness Hearing." Be sure to include all the information required for the objection (see Question 8 above). Mail the notice to the Court, and send a copy by fax, U.S. mail, or email to Class Counsel and Defense Counsel at the addresses listed below.



    COURT

    Clerk of Court

    United States Courthouse for the Central District of California

    350 West First Street

    Los Angeles, CA 90012


    Class Counsel

    Rahul Ravipudi (actlawsuit@psblaw.com)

    Jesse Creed

    Panish Shea & Boyle LLP

    11111 Santa Monica Blvd, Suite 700

    Los Angeles, CA 90025

    Telephone: (310) 477-1700

    Facsimile: (310) 477-1699


    Marci Miller (marci@milleradvocacy.com)

    Miller Advocacy Group

    1303 Avocado Ave., Suite 230

    Newport Beach, CA 92660

    Telephone: (949) 706-9734


    Defense Counsel

    Eric Samore (esamore@salawus.com)

    Ronald Balfour (rbalfour@salawus.com)

    SmithAmundsen LLC

    150 North Michigan Ave #3300

    Chicago, IL 60601

    Telephone: (312) 894-3200

    Facsimile: (312) 984-3210


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