Howard University Class Action Seeks COVID-19 Tuition Refunds

A student at Howard University has hit the college with a class action lawsuit stemming from the move to all online classes resulting from the coronavirus pandemic.

Plaintiff Isaiah Payne says that he has lost the benefit of the education for which he paid and is demanding that Howard University refund his tuition and fees.

Payne states that he was an undergraduate student majoring in political science and graduated after the 2020 spring semester.

Payne says he paid approximately $12,500 in tuition and fees for the 2020 spring semester. He asserts that Howard University has not refunded any of his tuition or fees despite the fact that in-person classes have not been held since March 13, 2020.

The plaintiff in this class action lawsuit states that on March 16, 2020, Howard University announced via a letter from its president that it was suspending face-to-face instruction of courses for the remainder of the 2020 spring semester and that classes would continue online following the spring break.

“As a result of the closure of Defendant’s facilities, Defendant has not delivered the educational services, facilities, access and/or opportunities that Mr. Payne and the putative class contracted and paid for,” the tuition for Howard University class action lawsuit says.

Payne explains that the online learning options offered to Howard University students are subpar in many aspects including lack of facilities, materials, and access to faculty. He says that students have been deprived of the opportunity for collaborative learning and in-person dialogue and feedback. 

Even though the defendant did not have any choice but to cancel in-person classes and move to online classes, Howard University has reportedly improperly retained funds for services that it is not providing. 

The plaintiff claims that the only classes that have been offered after March 23, 2020 have been Howard University online classes. He states that even classes for students with concentrations in areas where in-person instruction is crucial (such as theatre and nursing) have only been offered online.

Payne says that he and putative Class Members are entitled to refunds for tuition for Howard University for services, facilities, and opportunities that the defendant has not provided.

The plaintiff maintains that he did not choose to attend an online institution of higher learning, but instead chose to enroll in Howard University on an in-person basis.

“The online learning options being offered to Howard students are subpar in practically every aspect and a shadow of what they once were, from the lack of facilities, materials, and access to faculty,” the tuition for Howard University class action lawsuit goes on to say.

The Howard University online classes are not even remotely worth the amount charged to the plaintiff and Class Members for the spring 2020 tuition for Howard University, the plaintiff maintains.

Payne asserts that, through the admission agreement and payment of tuition and fees, he and potential Class Members have entered into a binding contract with the defendant.

The plaintiff states that he has fulfilled his end of the bargain when he paid monies for the spring 2020 semester, which was supposed to cover in-person educational classes from January through May 2020. 

Payne states that Howard University has failed to provide the contracted services and has not otherwise performed under the contract.

Despite this, the defendant has allegedly retained monies paid by the plaintiff and possible Class Members for the spring 2020 tuition for Howard University without providing the benefits of their bargain.

“Plaintiff and members of the Class and Subclass have suffered damage as a direct and proximate result of Defendant’s breach, including but not limited to being deprived of the education, experience, and services to which they were promised and for which they have already paid,” the tuition for Howard University class action lawsuit goes on to say.

Common questions of law and fact in this class action lawsuit are: 1) whether the defendant accepted money from Class Members in exchange for the promise to provide services; 2) whether the defendant has provided the services for which the Class Members have contracted; 3) whether the Class Members are entitled to a refund for that portion of tuition for Howard University that was contracted for, but that the defendant did not deliver; 4) whether the defendant has unlawfully converted money from Class Members; and 5) whether the defendant is liable to Class Members for unjust enrichment.

Prospective Class Members include: “all people who paid Howard tuition and/or fees for in-person educational services for the Spring 2020 Semester that Howard failed to provide, and whose tuition and fees have not been refunded.”

Were you enrolled in college for the 2020 spring semester and were not offered a refund? Get legal help here.

The plaintiff is represented by William N. Sinclair of Silverman Thomspon Slutkin & White and L. Timothy Fisher, Neal J. Deckant, and Sarah N. Westcot of Bursor & Fisher PA.

The Tuition for Howard University Class Action Lawsuit is Isaiah Payne v. Howard University, Case No. 1:20-cv-01314-RDB, in the U.S. District Court for the District of Maryland.

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