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Alana K. Durrett took the ACT examination in April, June, and August 2006 before taking the October 2006 examination. In registering for the exams online,

Alana K. Durrett took the ACT examination in April, June, and August 2006 before taking the October 2006 examination. In registering for the exams online, Ms. Durrett had to electronically "check" a box certifying that she "read, understand, and hereby agree to abide by all procedures and requirements, including those concerning test score cancellation and binding arbitration." One of the terms provided that ACT reserved the right to cancel test scores and any disputes over cancellation had to be submitted to arbitration. Ms. Durrett received a letter from ACT questioning the validity of her scores because her scores were significantly higher on the fourth attempt than in her three previous test scores and an unusual similarity between her responses and those of an examinee with the same test form who was seated near to Ms. Durrett during the exam. Ms. Durrett did not want to retake the test, as the terms and conditions provided and she filed suit seeking to prevent ACT from canceling the scores.. Is it possible for her scores to be reinstated?

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