Velazquez v. NCS Pearson, Inc. Class Action Settlement

This is a court authorized notice of a proposed settlement in a class action lawsuit, Velazquez v. NCS Pearson, Inc., No. 2022 CH 00280, pending in the Circuit Court of Cook County, Illinois before the Honorable Judge Caroline K. Moreland. The Settlement would resolve a lawsuit brought on behalf of persons who allege that NCS Pearson, Inc. (“Defendant”) used palm scan technology and/or facial comparison technology as part of the administration of examinations for test candidates, purportedly without first providing them with legally required written disclosures and obtaining valid written consent. If you received a notice by mail or email, you have been identified as someone who either (1) had your palm scanned in connection with an examination administered at a Pearson test center in the state of Illinois from January 13, 2017, through October 25, 2023, and did not consent to the Pearson VUE Biometric Data Policy, effective February 1, 2023, or (2) took a remotely proctored examination through Pearson’s OnVUE online testing system from a location within the state of Illinois from August 15, 2019, through February 1, 2023, that may have used facial comparison. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. This Notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights.

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits, with some exceptions, private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information, such as palm or facial scans, of another individual, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by administering examinations to test candidates within the state of Illinois where their palm or face was scanned as part of that administration without first providing sufficient disclosures or obtaining valid consent. Defendant contests these claims and denies that BIPA applies to the conduct at issue or that it violated BIPA if it does apply.

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims against Defendant and its affiliated entities. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement Administration Expenses, attorneys’ fees and costs to Class Counsel, and Service Awards to the Class Representatives, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law.

The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give Final Approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this Notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to Final Approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not give Final Approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.

You are a member of the Settlement Class if you either (1) had your palm scanned in connection with an examination administered at a Pearson test center in the state of Illinois from January 13, 2017, through October 25, 2023, and did not consent to the Pearson VUE Biometric Data Policy, effective February 1, 2023, or (2) took a remotely proctored examination through Pearson’s OnVUE online testing system from a location within the state of Illinois from August 15, 2019, through February 1, 2023, that may have used facial comparison. If you are a member of the Settlement Class, you may submit a claim for payment here.

Cash Payments. Defendant has agreed to create an $18,224,000.00 Settlement Fund for the Class Members, which will be used to pay valid claims, Settlement Administration expenses, attorneys’ fees, costs and expenses, and the Class Representative Service Awards. All Settlement Class Members are entitled to submit a Claim Form in order to receive a cash payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely Claim Form that is deemed valid will be entitled to an equal payment from the Settlement Fund. The exact amount of each Class Member’s payment is unknown at this time. The per person payment to each valid claimant depends on unknown factors to be determined, including the total number of valid Claim Forms submitted. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following Final Approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 90 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees in an amount up to 38% of the Settlement Fund, plus their reasonable costs and expenses, for the substantial time, expense, and effort spent investigating the facts, litigating the case and negotiating the Settlement. The Class Representatives also will apply to the Court for a payment of up to $10,000.00 and $6,000.00, respectively, for their time, effort, and service in this matter.

Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendant relating to the use or collection of test candidate biometric data for exam administration purposes. Giving up your legal claims is called a release. The precise terms of the release are contained in the Settlement Agreement, which is available here. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

The Parties cannot predict exactly when timely and eligible claims will be processed for payments. Final approval by the court has been received and once processing is complete the Case Administrator will begain the disbursement phase of the case.

The Court granted Final Approval to the Settlement on July 8, 2025.

The Court did not make any determination as to the merits of the claims against Defendant or its defenses to those claims. Instead, the Settlement’s terms take effect, and the lawsuit has been dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the lawsuit, in a manner that provides specific and valuable benefits to the members of the Settlement Class. If the Court does not approve the Settlement, if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid at this time and Class Members will receive no benefits from the Settlement Fund. Plaintiffs, Defendant, and all of the Class Members will be in the same position as they were prior to the execution of the Settlement, and the Settlement will have no legal effect, no class will remain certified (conditionally or otherwise), and Plaintiffs and Defendant will continue to litigate the lawsuit. There can be no assurance that if the Settlement is not approved, the Settlement Class will recover more than is provided in the Settlement, or indeed, anything at all.

The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

Evan M. Meyers
Eugene Y. Turin
McGuire Law, P.C.
55 W. Wacker Dr.
9th Floor
Chicago, IL 60601
Tel: 312-893-7002
emeyers@mcpgc.com
eturin@mcpgc.com

The Notice is only a summary of the proposed Settlement of this lawsuit. More details are contained in the Settlement Agreement which, along with other documents, can be obtained on the Documents page. If you have any questions, you can also call the Settlement Administrator at 888-893-3758 or contact Class Counsel at the numbers or email addresses set forth above. In addition to the documents available on the case website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.