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Test Proctor Privacy Lawsuit Tossed on Choice-of-Law Grounds

Nov. 23, 2022, 6:33 PM

ProctorU won’t have to face a proposed class action alleging it collected biometric information of exam-taking college students without their consent in violation of the Illinois Biometric Information Privacy Act.

A choice-of-law provision in ProctorU’s terms of service barred claims against the test-proctoring company under the Illinois law, Magistrate Judge Nicholas A. Danella of the US District Court for the Northern District of Alabama said Tuesday.

Based on the plain language of the terms of service, the plaintiffs’ Illinois BIPA claims fall squarely within the scope of the choice-of-law provision, which provides that Alabama substantive law applies to claims arising ...