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The company responsible for administrating the state’s new bar exam faces legal action over allegations its malfunctioning online platform left applicants “traumatised” as they were unable to access or fully complete the test.Students who took – or attempted to take – the California bar exam last week have filed a class action lawsuit against Meazure Learning over allegations it caused an “unmitigated disaster” after its platform repeatedly crashed and malfunctioned during the 25-26 February exam.The complaint, filed with the US District Court for the Northern District California on Thursday (27 February), lists seven claims of relief, including breach of express and implied warranty under California law; violations of the Song-Beverly Consumer Warranty Act, the California Consumer Legal Remedies Act and the California Unfair Competition Law; and unjust enrichment and negligent infliction of emotional distress under California Law.RUSHED DEPLOYMENTPrior to February 2025, the California bar exam had been administered at in-person sites across the state. The new exam format – which enables applicants to take the test remotely, including from out of state – was announced by the California State Bar in mid-2024 with claims it would save up to USD 3.8 million per year.According to the claimants, Meazure “rushed to deploy software” in order to establish its position as the sole vendor for the administration of the new exam. Allegedly, the company’s testing software was not adequately designed, lacking the appropriate infrastructure and server space to support the thousands of applicants who had signed up and paid to complete the exam through the Meazure platform remotely or at in-person testing sites.As a result, the claimants state that throughout the two day test they faced “server crashes, instructions to uninstall and reinstall required software, inability to open and run required programs on computers that met technical requirements, malfunctioning copy/paste functionality that prevented users from entering answers, and lack of access to the exam questions”.GRAVE CONCERNSProblems had already arisen with the software before the exam kicked off on 25 February, with both Meazure and the State Bar receiving numerous reports about various technical issues from applicants, including technical glitches, unexplained reservation cancellations
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And an inability to complete the required mock exam. According to reporters, several California-accredited law school deans had also written to the State Bar last year to express their “grave concerns” about the exam.Despite these communications, the complaint states that Meazure “failed to address the myriad technical issues that plagued the rollout of the exam”. On 13 February, the State Bar offered applicants the chance to back out and retake the test in July, and eight days later stated that any applicant who failed the February exam could retake the July exam for free. Yet the claimants say this was a “cold comfort”, as retaking the test several months later would require “serious investments” of time and money and a delay to their admission to the California Bar.Just days before the exam the State Bar again communicated that it had received reports about issues with the platform and had been assured by Meazure that the issues had been resolved. However, the claimants say that on the day of the test the software “simply did not work”.The filing reads: “Thousands of test-takers saw their hopes of passing the California Bar Exam dissolve as Meazure’s test platform crashed, and crashed, and crashed again.”Following the exam, the State Bar emailed applicants and acknowledged that the test conditions were “unacceptable” and that it “make[s] no excuses for them”. Applicants who were unable to launch the exam on the platform at all, and those who failed to submit fewer than four written responses because of technical failures, have been given the option to retake the exam in March. For those applicants affected by technical faults but who do not meet the above criteria, the State Bar stated it is still finalising other remediation plans.The claimants are represented by Annick Persinger and Katherine Aizpuru of Tycko & Zavareei.
