The suit, filed this week in a federal court in Illinois, claims The College Board and ACT, Inc. charge a fee per student on each sale of personally identifying information — names, home addresses, birth dates, phone numbers and social security numbers — but fails to disclose to those taking the test that their information will be sold to marketers for a profit.
While the lawsuit puts the value of that fee at $.33 per student per request, Philly.com reports that the price for this information has gone up recently, with The College Board now charging $.37 per request and ACT demanding $.38 each.
There are ways for students to avoid having their information sold — the SAT requires test-takers to opt-in to having their information shared while ACT takers must opt-out of having their info sold. The lawsuit claims both companies are “masking the sale” of the information under the guise of information-sharing. The question is whether or not test-takers would let their information be shared if they knew it was being sold for a profit.
The suit alleges consumer fraud and deceptive business practices, breach of written contract, invasion of privacy and misappropriation of confidential information, and unjust enrichment.