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K.D. v. Educational Testing Service

386 N.Y.S.2d 747 (1976)

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K.D. v. Educational Testing Service

New York County Supreme Court

386 N.Y.S.2d 747 (1976)

Facts

Educational Testing Service (ETS) (defendant) administered the Law School Admission Test (LSAT). ETS required each individual who took the test to agree to ETS’s conditions concerning its administration of the test and reporting of test scores to law schools. One such condition was that after ETS scored an individual’s LSAT, it compared the score to previous scores from that individual. If a score was more than 150 points higher than a previous score, ETS investigated. In addition, test takers agreed that ETS reserved the right to cancel a test score if circumstances rendered the score of questionable validity. K.D. (plaintiff) took the LSAT twice, each time agreeing to ETS’s conditions. K.D.’s second score was 238 points higher than his first score, initiating an ETS investigation. The investigation revealed that K.D.’s answers to the multiple-choice portion of the test were statistically similar to those of the person sitting next to him. Pursuant to ETS protocol, to which K.D. agreed, ETS offered K.D. a free retake of the test. K.D. declined and instead sued ETS, seeking to enjoin the company from cancelling his score and reporting the cancellation to law schools, and seeking to compel ETS to report his second score to law schools. K.D. claimed that his agreement to ETS’s terms constituted a contract of adhesion and was thus invalid. ETS moved to dismiss the complaint on the ground that K.D. had agreed to abide by ETS’s administration and reporting conditions.

Rule of Law

Issue

Holding and Reasoning (Fraiman, J.)

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