Q.J. v. PowerSchool Holdings LLC, et al.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
Q.J. v. PowerSchool Holdings LLC, et al., Case No. 1:23-cv-05689

Our Records Indicate that, while a Student, You, or a Minor for Whom You Have Legal Responsibility, Logged into Naviance and May Be Entitled to a Payment from a Class Action Settlement.

A Court authorized this Settlement Website.  You are not being sued.  This is not a solicitation from a lawyer.

A settlement has been reached in a class action lawsuit against PowerSchool Holdings LLC (“PowerSchool”); Hobsons Inc. (“Hobsons”); Heap Inc. (“Heap”); and the Board of Education of the City of Chicago (“CPS”) (collectively, “Defendants”). The class action lawsuit seeks to recover against Defendants for their alleged roles in the alleged non-consensual interception of students’ confidential and sensitive communications while using education technology products offered by Hobsons and, later PowerSchool, including a product commonly referred to as Naviance (the “Naviance Platform”). The class action lawsuit alleges violations of the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. § 2511(a); the California Invasion of Privacy Act, Cal. Penal Code §§ 631-632; the Illinois Eavesdropping Act, 720 Ill. Comp. Stat. 5/14-1, et seq.; the Stored Communications Act, 18 U.S.C. § 2702(a)(1); the Illinois School Student Records Act, 5 Ill. Comp. Stat. 10/1, et seq.; and common law. Defendants deny that they violated any law but have agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.

You are included if you are a Person in the United States who, while a student, logged into the Naviance Platform offered by Hobsons and, later PowerSchool, at least once during the period beginning on August 18, 2021, and continuing through January 23, 2026.

If the settlement is approved by the Court, Defendants will establish a Settlement Fund of $17,250,000 to pay all Approved Claims submitted by the Settlement Class, together with notice and administration expenses; attorneys’ fees, costs and expenses; and a service award. If you are entitled to relief, you may submit a claim to receive a pro rata (meaning equal) share of the Settlement Fund.

If the settlement is approved by the Court, Defendants will also provide the following prospective relief:

• Within thirty (30) days of entry of final judgment by the Court (“Final Judgment”), PowerSchool shall create a web governance committee (“Web Governance Committee”) that will assess the implementation and use of analytics and advertising technologies within the Naviance Platform to evaluate whether such use is consistent with applicable law. Additionally, while continuing to deny liability, PowerSchool agrees that for the next two years, it will not use within the Naviance Platform any software, technology and/or code offered or provided by any third party, including but not limited to (a) Heap Inc.; (b) Google LLC; (c) Microsoft Corporation; (d) Hotjar Inc.; and (d) Gainsight, Inc., unless the Web Governance Committee determines that such use is consistent with applicable law at that time. This provision does not apply to software, technology and/or code offered or provided by data sub processors, such as Amazon Web Services, Azure or Snowflake
   
• Within thirty (30) days of entry of Final Judgment, PowerSchool shall supplement its existing disclosures in the Privacy Statement linked on the student.naviance.com landing page of the Naviance Platform to notify students about third-party analytics and advertising technologies implemented within the Naviance Platform, including but not limited to technologies offered by Heap Inc.; Google LLC; Microsoft Corporation; and Gainsight, Inc. PowerSchool is not required to supplement disclosures for outdated or cached versions of the student.naviance.com landing page that are outside of its control.
   
• Upon entry of Final Judgment, PowerSchool shall instruct (a) Heap Inc.; (b) Google LLC; (c) Microsoft Corporation; and (d) Hotjar Inc., to delete within ten (10) days of Final Judgment all data and communications of all members of the Settlement Class who used the Naviance Platform during the Class Period to the extent the data and communications are in the possession, custody or control of those parties. PowerSchool shall make a similar request to Gainsight, Inc. within ten (10) days of any decision to cease use of Gainsight’s analytics technology.
   
• Within thirty (30) days of entry of Final Judgment, for a nine-month period, PowerSchool shall display via a banner on the student.naviance.com landing page of the Naviance Platform and a banner on the www.powerschool.com website a prominent notice about PowerSchool’s commitment to privacy that states: “PowerSchool places great importance and value on the proper handling of personal data that flows within our product as we provide services to our customers.  To learn more about our Privacy Principles, read our Global Privacy Statement.” PowerSchool is not required to alter the appearance of outdated or cached versions of the www.powerschool.com website or the student.naviance.com landing page that are outside of its control.
   
• From the date of entry of Final Judgment until the earlier of: (i) the fourth anniversary of the date of entry of Final Judgment, or (ii) a substantive change in the law that would significantly alter CPS’s legal obligations described herein; CPS agrees to modify the contractual provisions it uses in contracts with third parties that handle Student Data, Student Confidential Information, and/or School Student Records, as those terms were defined in the July 1, 2020, Services Agreement between CPS and Hobsons to require compliance with various federal and state laws.
   
• CPS further agrees that it shall require any third party entering into a contract described above to provide, on at least an annual basis, a written attestation, made under penalty of perjury, that based on a reasonable and diligent investigation, Vendor reasonably believes that it is in full compliance with each provision of the contract, including, where applicable, provisions requiring compliance with the Illinois School Student Records Act (“ISSRA”), 105 ILCS 10/1, et seq.; the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g and its implementing regulations; the Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h and its implementing regulations; the Student Online Personal Protection Act (“SOPPA”), 105 ILCS 85/1, et seq.; the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq.; and the Illinois Eavesdropping Act, 720 ILCS 5/14-1, et seq.
   
• Within ten (10) days of entry of Final Judgment, Heap shall delete all primary – as distinct from backup – data and communications of Settlement Class Members who used the Naviance Platform during the Class Period to the extent the data and communications are in Heap’s possession, custody or control. Within thirty (30) days of entry of Final Judgment, Heap shall delete all backup data and communications. For the avoidance of doubt, upon the deletion of the backup data and communications described herein, all data and communications of Settlement Class Members in Heap’s possession, custody or control shall have been deleted.

Read this Settlement Website carefully. Your legal rights are affected whether you act or don’t act.

Your rights and options---and the deadlines to exercise them---are explained on this Settlement Website.

Please check back regularly for updates to the Settlement Website and settlement status.