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Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 12:39 pm
by Cheeringsquad
I paid $100 for stress, heartache, and disappointment. Examsoft needs to take responsibility and remedy the situation. This is the response I got when I emailed Examsoft press:
Thank you so much for your patience and we are very sorry for the difficulty you were experiencing Tuesday night when trying to upload your answer files. At this time we are do not plan on administering any refunds, for we have a very strict no refund policy. We understand this is a very stressful time at which we can assure you that this delay in uploading your answer files did not impact the answer file content.
Regards,
ExamSoftTeam
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 12:45 pm
by Xferr
If you're serious, they're obviously not going to refund anyone. They're not going to give up half their revenue for the year without a fight, that would be financial suicide.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 12:52 pm
by exitoptions
You're not the customer. The state bar examiner is the customer, and they could care less about your stress or pain or suffering. Obviously.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 12:57 pm
by crEEp
exitoptions wrote:You're not the customer. The state bar examiner is the customer, and they could care less about your stress or pain or suffering. Obviously.
Not according to my credit card statement. I'm honestly thinking about calling American Express, explaining the situation, and requesting to dispute the transaction. At the very least, it's shady, and I don't think American Express wants to deal with shady merchants.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 12:59 pm
by Tanicius
crEEp wrote:exitoptions wrote:You're not the customer. The state bar examiner is the customer, and they could care less about your stress or pain or suffering. Obviously.
Not according to my credit card statement. I'm honestly thinking about calling American Express, explaining the situation, and requesting to dispute the transaction. At the very least, it's shady, and I don't think American Express wants to deal with shady merchants.
Yeah by all means if you want your answer to be automatically voided and never graded, go for it buddy...
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:01 pm
by Guchster
All I can say is that I'm ready for the class action.
But on a serious note--consider this public notice that I'm opting-in, TYIA.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:03 pm
by sundontshine
crEEp wrote:
Not according to my credit card statement. I'm honestly thinking about calling American Express, explaining the situation, and requesting to dispute the transaction. At the very least, it's shady, and I don't think American Express wants to deal with shady merchants.
Haha. Enjoy handwriting the bar in February.
We're not getting refunds and there really is nothing we can do about it.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:05 pm
by crEEp
Tanicius wrote:crEEp wrote:exitoptions wrote:You're not the customer. The state bar examiner is the customer, and they could care less about your stress or pain or suffering. Obviously.
Not according to my credit card statement. I'm honestly thinking about calling American Express, explaining the situation, and requesting to dispute the transaction. At the very least, it's shady, and I don't think American Express wants to deal with shady merchants.
Yeah by all means if you want your answer to be automatically voided and never graded, go for it buddy...
That's not going to happen. I paid an exam fee, as well, and ExamSoft is in possession of my exam. It's not like I'm reporting it as fraudulent, I'm going to tell the truth: that ExamSoft fucked up and failed to deliver a portion of the service they advertised. But if they automatically void my exam and want to go that route, I'm sure it will be amazing for their already sterling reputation...
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:10 pm
by crEEp
sundontshine wrote:crEEp wrote:
Not according to my credit card statement. I'm honestly thinking about calling American Express, explaining the situation, and requesting to dispute the transaction. At the very least, it's shady, and I don't think American Express wants to deal with shady merchants.
Haha. Enjoy handwriting the bar in February.
We're not getting refunds and there really is nothing we can do about it.
see, that's the type of defeatist attitude that gave us Obama.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:17 pm
by crEEp
I'm just going to leave this here...
http://www.ftc.gov/complaint
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:20 pm
by lacrossebrother
Lol at the thought of examsoft continuing operations.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:21 pm
by Bildungsroman
Cry me a river. ExamSoft screwed up, but the state bars remedied the situation by extending deadlines. What damages have you suffered? Neurotic anxiety for a few hours? This is why nobody likes law students.
If anyone has a story yet of a person whose exam will not get graded thanks to ExamSoft's screwup, I haven't heard it yet.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:23 pm
by A. Nony Mouse
I mean, if your exam ultimately got uploaded, you're not going to prevail asking for the pain and suffering of sitting in your hotel room biting your nails. What on earth kind of recovery would you expect to get for that? I realize it absolutely sucks, but there isn't always a legal remedy for something absolutely sucking.
(Scooped.)
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:24 pm
by mmmnnn
Lol also surely examsoft included mandatory/binding arbitration in their terms of service, right?
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:25 pm
by Georgia Avenue
lol at this entire thread
you had to wait three hours to upload an exam ffs. three hours you weren't going to be doing anything with regardless. now you're throwing around pain and suffering, fraudulence, FTC complaints, and generally acting like you've been held captive against your will for five years
law students are unreal
eta: scooped twice
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:27 pm
by Tanicius
crEEp wrote:Tanicius wrote:crEEp wrote:exitoptions wrote:You're not the customer. The state bar examiner is the customer, and they could care less about your stress or pain or suffering. Obviously.
Not according to my credit card statement. I'm honestly thinking about calling American Express, explaining the situation, and requesting to dispute the transaction. At the very least, it's shady, and I don't think American Express wants to deal with shady merchants.
Yeah by all means if you want your answer to be automatically voided and never graded, go for it buddy...
That's not going to happen. I paid an exam fee, as well, and ExamSoft is in possession of my exam. It's not like I'm reporting it as fraudulent, I'm going to tell the truth: that ExamSoft fucked up and failed to deliver a portion of the service they advertised. But if they automatically void my exam and want to go that route, I'm sure it will be amazing for their already sterling reputation...
You really think the state bar gives a flying hoot about Examsoft? They will continue to use Examsoft because Examsoft is cheap and does exactly what they want it to do: provide arbitrary means to continue cutting people out of their circle of market competition after they pay the bar association members assloads of money to go to law school.
If you stop payment to Examsoft, the bar won't even bat an eye and will just void your answer and probably even flag your application for C&F. You are not getting around this by arguing contract unconscionability dude.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:33 pm
by crEEp
look, it's not about recovering damages for pain and suffering or any of that nonsense. it's about examsoft touting their spyware as the greatest thing ever for exams (e.g.,
https://twitter.com/ExamSoft/status/493765654340579328 ) and a large group of customers getting burned because they trusted this crap. Had I known that I would experience this nonsense after the exam, I would've instead handwritten it. I doubt I'm alone in that sentiment.
And, the bar examiners had no obligation to extend the deadlines, because we assumed the risk by using ExamSoft. The bar examiners were the ones who saved the day by extending the deadline while ExamSoft sits and counts its extortion money. How the hell could you defend this company?
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:35 pm
by A. Nony Mouse
Dude, you have to have damages to bring any kind of action. What damages are you claiming?
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:36 pm
by rpupkin
crEEp wrote:
And, the bar examiners had no obligation to extend the deadlines, because we assumed the risk by using ExamSoft. The bar examiners were the ones who saved the day by extending the deadline while ExamSoft sits and counts its extortion money. How the hell could you defend this company?
No one is defending the company; folks are just saying that you don't have a colorable legal claim. It's a little embarrassing that someone who (presumably) graduated from law school can't appreciate the difference.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:36 pm
by Georgia Avenue
crEEp wrote:and a large group of customers getting burned because they trusted this crap.
Your exam got uploaded, right? Any time you want to point out one person who got "burned" I'm all ears.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:39 pm
by crEEp
rpupkin wrote:No one is defending the company; folks are just saying that you don't have a colorable legal claim. It's a little embarrassing that someone who (presumably) graduated from law school can't appreciate the difference.
You're quick to the draw, but please point out where I even suggested litigation? I've suggested two alternatives to litigation: a complain with the FTC and a complaint with my credit card company. All I'm saying is that I think ExamSoft is handling this situation extremely poorly by firmly holding their position of no refunds. Please don't put words in my mouth again.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:43 pm
by crEEp
Tanicius wrote:If you stop payment to Examsoft, the bar won't even bat an eye and will just void your answer and probably even flag your application for C&F. You are not getting around this by arguing contract unconscionability dude.
[citation needed]
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:44 pm
by A. Nony Mouse
You're right, you didn't mention a law suit (just someone else suggesting a class action). We jumped to a legal reason for Examsoft to issue a refund. I think you will be much happier if you close the computer and go get drunk or sit on a beach or read stuff you enjoy or workout or really any other productive use of your energy than brooding about Examsoft, though.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:47 pm
by spleenworship
This is pathetic. Shit happens. Pull on your big boy/girl pants and deal.
People who want to sue over this are the reason lawyer jokes exist.
Re: Examsoft needs to refund students for pain and suffering
Posted: Thu Jul 31, 2014 1:51 pm
by ajcollege
spleenworship wrote:This is pathetic. Shit happens. Pull on your big boy/girl pants and deal.
People who want to sue over this are the reason lawyer jokes exist.
+1. I could see this being a conversation among frustrated bar takers the night it happened, but if you're seriously agitated two days later because the bits didn't get there exactly when ExamSoft "promised" they'd get there, you really need to make like Elsa the Snow Queen and Let It Go.