Study Abroad Students Owed COVID-19 Refunds, Class Action Lawsuit Claims

A Pennsylvania woman has filed a class action lawsuit claiming she was denied a refund after her study abroad program in the spring was canceled due to the coronavirus pandemic.

Plaintiff Alyson Huth filed her class action lawsuit against American Institute of Foreign Study Inc., doing business as AIFS Study Abroad, in federal court Tuesday.

Huth alleges AIFS Study Abroad’s decision to switch to all-remote courses and cancel study-abroad, in-person classes deprived her and others of the benefits of being on campus, such as cultural experiences and access to facilities.

AIFS Study Abroad allegedly refused to reimburse or only partially reimbursed students for the cost of the spring semester 2020 program and other expenses.

AIFS Study Abroad provides a variety of services, such as college study abroad, au pair placement, international camp staffing, and insurance, according to the class action lawsuit.

Huth says she was registered as a full-time student when she enrolled in a study abroad program through AIFS Study Abroad. 

She says she and all Class Members were required to pay an “all-inclusive program fee,” either through financing or paying out of pocket, before enrolling.

The plaintiff points out the defendant touts the advantages of studying abroad in its corporate brochure, which also includes a letter from the company’s chairman and CEO that states the “need for enhanced global understanding is now greater than ever.”

According to the class action lawsuit, AIFS Study Abroad promises a broad range of “benefits and services” to those enrolled in its study abroad programs.

Huth claims those paying the all-inclusive program fee are entitled to tuition for up to 18 credits for the semester, face-to-face interaction with peers and professors, meals throughout the week, social activities, extracurricular activities, the ability to visit historical locations, the ability to attend the Cannes Film Festival, and other networking and hands-on learning experiences. 

Huth says she left the United States for France on Jan. 30, with the planned first day of classes being “on or about” Feb. 4; the term was scheduled to end May 29.

But it ended much sooner.

At AIFS Study Abroad’s instruction, Huth was forced to leave France and return to the U.S. on March 15, according to the class action lawsuit.

However, Huth says her education was changed from in-person study to online-only instruction, forcing her to leave France and “depriving her of the benefit of the bargain” of the program she had paid for.

“Moreover,” Huth’s class action lawsuit says, “Plaintiff did not receive any further academic instruction at all until April 27, 2020, about six weeks later, when Defendant’s online instruction began.”

Because she and others were forced to leave their study abroad program, they went without weeks of that education and “could not access any recreational facilities or cultural attractions” or participate in activities or excursions.

Huth estimates she and the proposed Class Members were deprived of about half of the semester for which they paid.

For example, while in France, the plaintiff says she was in French class for three hours every day, Monday through Friday.

When she was moved to online-only instruction, she had two professors and rarely had class on Fridays — “and never in-person or in France.”

She cites similar examples concerning other courses.

The plaintiff says in France, her French film class lasted four and half hours each Thursday, but when it was moved to online instruction, she was only provided with 10 to 20 minutes of instruction per week.

“Based on the dates set forth above, upon information and belief, Defendant’s move to online classes and constructive eviction of students on March 15, 2020 deprived Plaintiff and other members of the Class from access to on-campus facilities, in-person instruction and the study abroad program for over 50% of the semester for which they had contracted.”

Huth claims AIFS Study Abroad has not refunded any of her or other Class Members’ all-inclusive program fee, save for portions of room-and-board costs.

She is demanding a jury trial and seeks a declaration that the defendant “has wrongfully kept” the all-inclusive program fee money, including tuition.

In addition, Huth is asking the Court to require AIFS Study Abroad to disgorge those wrongfully obtained amounts; injunctive relief; an award of attorneys’ fees, court costs and expenses; pre- and post-judgment interest on all amounts awarded; and any other relief deemed proper.

Do you think the students should be refunded for their spring semester costs? Tell us what you think in the comments below.

The plaintiff is represented by Edward Toptani of Toptani Law PLLC, Eric M. Poulin and Roy T. Willey IV of Anastopoulo Law Firm LLC, and John M. Bradham of Morea Schwartz Bradham Friedman & Brown LLP.

The Study Abroad COVID-19 Class Action Lawsuit is Alyson Huth, et al. v. American Institute for Foreign Study Inc., Case No. 3:20-cv-01786, in the U.S. District Court for the District of Connecticut.

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