The ABA Journal reports that law graduates in multiple states have now filed suit against bar exam software company, ExamSoft, related to software glitches that prevented them from uploading their answers on time while taking the bar exam last month. State bar examiners extended the deadline for submission in all states where test-takers were affected by the software issues, but several law grads are seeking redress in court for problems related to the delays in uploading, complaining of added stress to an already emotionally-fraught experience. Test-takers paid between $100 and $150 to use the software and are seeking refunds for these fees as well as compensation for their wasted time and anxiety. Bar exam results in many states are not released until later in the fall (even October or November in some states), so test-takers do not yet know whether they have passed or failed and are not able to determine whether their results may be attributable to the software problems.
ABC News reports that five students have filed suit against the software company to date. This includes cases originating in state and federal courts in Chicago, one in federal court in Spokane, Washington and one filed in federal court in California. All are either certified, or seeking to be certified as class-actions. The case in Illinois state court is seeking both compensatory and punitive damages for fraud, breach of contract and unjust enrichment. The complaint states that ExamSoft is refusing to issue refunds to affected test-takers and specifically alleges that, "A representative message sent to one test taker from ExamSoft's customer service team stated the following: 'Thank you for contacting ExamSoft. We deeply apologize for the inconvenience had happened Tuesday night. However, when paying and registering Softest on your computer you agreed to a disclaimer which indicated that there are no refunds. Again, I am really sorry. Please let me know if you have any further questions,'"
According to ABC News, ExamSoft claims that the upload problems originated with server configuration issues and not the software itself or the number of students using the program.
For more information about this, please see:
Above the Law: "ExamSoft Sued in Illinois"
Courthouse News Service "Disaster Strikes Multistate Bar Exam"