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To resolve the case, the College Board and NCS Pearson will pay a total of $2.85 million into a settlement fund. Fees for the lawyers representing the class, and costs to notify the approximately 4,400 class members of the settlement and administer it will be paid from the $2.85 million fund.
Class members have two options for payment under the settlement. They can submit a short-form claim to receive a payment of $275, or they can submit a longer form if they believe their damages are greater than that amount. A retired judge will issue binding awards. Subject to the amount available in the settlement fund, there is no set limit on what students submitting individualized claims may receive.
Amounts remaining in the settlement fund after all claims are paid will be distributed to charitable organizations as determined by the Court.
Notices of the proposed settlement will be mailed to class members. The deadline for exclusions or objections is October 19, 2007. All claim forms must be submitted by December 29, 2007. On November 29, 2007, the court will hold a hearing on whether to approve the settlement.
The court appointed the firms of Larson King, L.L.P., Zimmerman Reed, P.L.L.P., and McSweeney & Fay, P.L.L.P., as counsel for the settlement class. A toll-free number, (888) 568-7675, has been set up in the case (called Russo, et al. v. NCS Pearson, Inc., et al., Civ. No. 06-1481 (JNE/SRN)), along with a Web site, www.october2005satsettlement.com, where notices, claim forms and the settlement agreement may be accessed. Affected test takers may also write to October 2005 SAT Settlement Administrator,
For more information please contact: for the College Board – Edna Johnson at (212) 713-8158, ejohnson@collegeboard.org; for NCS Pearson Inc. – Dave Hakensen at (952) 681-3040, David.Hakensen@pearson.com; and for Plaintiffs – Joe Snodgrass at (651) 307-3317, jsnodgrass@larsonking.com.