The Pearson VUE BIPA lawsuit settlement is an $18,224,000 class action resolution of claims that Pearson collected Illinois test takers’ palm vein scans and facial comparison data without the written notice and consent required by the Illinois Biometric Information Privacy Act. Judge Caroline K. Moreland of the Cook County Circuit Court granted final approval on July 8, 2025, in Velazquez v. NCS Pearson, Inc. (Case No. 2022-CH-00280), and the settlement administrator has now begun issuing payments to class members who filed valid claims by the June 20, 2025 deadline.1BIPA Test Settlement. Velazquez v. NCS Pearson Final Approval Order
Who the Settlement Covered
Two groups of Illinois test takers qualified as class members.2BIPA Test Settlement. Class Notice
- People who had their palm scanned at a Pearson test center in Illinois between January 13, 2017, and October 25, 2023, and did not consent to the Pearson VUE Biometric Data Policy that took effect on February 1, 2023.
- People who took a remotely proctored exam through Pearson’s OnVUE system from an Illinois location between August 15, 2019, and February 1, 2023, where facial comparison technology may have been used.
The settlement did not single out particular exams. Any test administered at a Pearson VUE testing center or through OnVUE during those windows and from an Illinois location was covered, from professional licensing exams to certification tests.3BIPA Test Settlement. Settlement Homepage
What Pearson Was Accused Of
Tammy Velazquez filed the case on January 13, 2022, after her hand was scanned at a Pearson center in Schaumburg during the Massage & Bodywork Licensing Examination in the summer of 2021. Angela Ramirez later joined as a second class representative.4ClassAction.org. Velazquez v. Pearson Education Inc., Complaint
At Pearson’s professional testing centers, candidates placed a hand on a device that used near-infrared light to record the unique vein pattern inside the palm, then converted the scan to an encrypted numerical template. Pearson took the scan at check-in and again after any break. In the OnVUE remote system, the software used artificial intelligence to compare a check-in photo against the test taker’s government-issued ID, with a live proctor verifying manually when the automated match failed.5Pearson VUE. Palm Vein Recognition Technology6NREMT. About OnVUE
The complaint alleged three BIPA violations. Pearson did not publish a written retention schedule for the biometric data. It did not give test takers written notice of what was being collected, why, or for how long, and did not obtain the written release BIPA requires before scanning. And it shared biometric data with third-party vendors without informing or getting permission from the people scanned.4ClassAction.org. Velazquez v. Pearson Education Inc., Complaint
Pearson denied wrongdoing. The settlement resolves the case without any admission of liability, and the court dismissed the lawsuit on the merits with prejudice.1BIPA Test Settlement. Velazquez v. NCS Pearson Final Approval Order
How Much Class Members Are Getting
Each approved claimant receives an equal share of what remains in the fund after fees, costs, service awards, and administrative expenses. The court approved $6,940,133.83 in attorneys’ fees, costs, and expenses. Velazquez received a $10,000 service payment and Ramirez received $6,000 for their work as class representatives.1BIPA Test Settlement. Velazquez v. NCS Pearson Final Approval Order
The per-person amount depends on how many valid claims were submitted and has not been publicly disclosed. Payments are calculated pro rata across all approved claims.7BIPA Test Settlement. Frequently Asked Questions
When Payments Are Being Sent
Disbursement began in mid-2026. If you filed a valid claim, watch for a check or electronic payment from the settlement administrator. Payments expire 90 days after they are issued and become void after that, so cash or deposit promptly. Questions about a specific claim can go to the administrator at 888-893-3758 or info@BIPATestSettlement.com.7BIPA Test Settlement. Frequently Asked Questions
If You Missed the Claim Deadline
The claim submission window closed on June 20, 2025, and the settlement website is no longer accepting new claims.3BIPA Test Settlement. Settlement Homepage Because the court dismissed the case with prejudice, class members who did not file a claim also cannot bring their own BIPA suit against Pearson over the same conduct within the class periods.1BIPA Test Settlement. Velazquez v. NCS Pearson Final Approval Order
Why This Case Was Worth $18 Million
Illinois passed BIPA in 2008 on the reasoning that biometric identifiers are different from other personal data: a compromised fingerprint or vein pattern cannot be changed the way a Social Security number can. The statute lets people sue for $1,000 per negligent violation and $5,000 per intentional or reckless violation, plus attorneys’ fees. In 2019, the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corp. that plaintiffs do not need to prove actual harm to recover under BIPA, which opened the door to large class actions based on notice and consent failures alone.8Illinois General Assembly. Biometric Information Privacy Act, 740 ILCS 14
Illinois amended BIPA in August 2024 through SB 2979 so that repeated scans of the same person using the same method count as a single violation rather than a separate violation each time, and formally recognized electronic signatures as valid written releases. In April 2026, the Seventh Circuit held in Clay v. Union Pacific Railroad Co. that the amendment applies retroactively to pending BIPA cases in federal court. The Illinois Supreme Court has not yet ruled on whether the amendment is retroactive in state court proceedings.9Sidley Austin. Seventh Circuit Limits Potential Damages Under BIPA, Holds 2024 Amendment Applies Retroactively The Pearson settlement was negotiated against that backdrop of shifting damages exposure, and it drew no objections from class members before the court signed off.