A standardized test taker filed a multimillion-dollar class action lawsuit against ACT and the College Board for selling personal information about her and millions of American high schoolers.
The lawsuit, filed this week in a federal district court in Illinois, seeks more than $5 million in damages from the test makers for “unfair, immoral, unjust, oppressive and unscrupulous” conduct. Namely, the plaintiff, a Cook County woman about which little else is known, alleges that ACT and the College Board do not tell test takers what will be done with their personal information. She said test takers are asked if ACT and the College Board can "share" personal information with others. That is misleading, the lawsuit alleges, because the information is in fact sold and test takers -- almost entirely high school teens -- become part of a multimillion-dollar money-generating machine for ACT and the College Board.
The test makers have long sold high school students’ personal information to colleges that want to market to students. The current price is about 37 or 38 cents per name. Colleges are using increasingly sophisticated data mining techniques to recruit and shape their classes. Colleges can use such information to deny admission to students and perhaps reduce financial aid awards.
A spokesman for ACT said it would not comment on pending litigation but that the lawsuit was a “unique instance," meaning ACT at least has not previously faced such a challenge. The College Board could not immediately say if it had ever faced such a lawsuit and would not comment on ongoing litigation, but a spokeswoman said, “as a guiding principle in all we do, the College Board takes very seriously the privacy, security and confidentiality of information entrusted to us by the students in our care.”
Three Illinois attorneys representing the woman bringing the lawsuit did not respond to messages seeking comment.