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University of South Florida Online Learning Class Action Lawsuit Overview:
- Who: The University of South Florida and its Board of Trustees are being sued by a man seeking to represent a class of other students.
- Why: The lead plaintiff claims the university breached contracts with students by not reimbursing them for fees paid when the university switched to online learning during the COVID-19 pandemic.
- Where: The lawsuit is being heard in federal court in Florida.
The University of South Florida and its Board of Trustees have been hit with a class action lawsuit alleging that they breached contracts with students by not reimbursing them for fees paid when the university switched to online learning during the COVID-19 pandemic.
The class action lawsuit was filed in Hillsborough County on August 12 by lead Plaintiff Felipe Rivadeneira who says that he, and other students, paid fees to the university to for services that could only be received in person, and therefore they should be reimbursed for not being able to go on campus during the pandemic.
According to Rivadeneira, the university’s failure to provide the services for which tuition and fees were intended to cover since approximately March 11, 2020 constitutes a breach of the contracts between the University and himself and is unjust.
The class action lawsuit calls for fees paid for the Spring and Summer 2020 semesters, as during that time students had their work moved to online only learning, lost access to the campus, and failed to receive the campus-based services for which they paid said fees, the claim alleges.
“Plaintiff and Defendants entered into express contract(s) where Plaintiff and members of the proposed Class would provide payment for the fees charged for tuition and other services and Defendants would provide in-person educational services, experiences, opportunities, access to campus facilities and other related services,” the class action lawsuit reads.
Rivadeneira, an undergraduate student during the Spring 2020 semester, says in the claim that he paid $8,440.02 in fees for tuition, and $2,126.42 in other fees, including a Transportation Fee, Under Grad Tech Fee, Under Grad State Fee, Green Fee, Tuition Differential Fee, Facility Fee, and more.
“Plaintiff Rivadeneira paid said fees for in-person educational services, experiences, opportunities, and other related collegiate services,” the claim reads.
“Plaintiff Rivadeneira has not been provided a pro-rated refund of the said tuition fees for his in-person classes that were discontinued and moved online, or the other fees he paid after the University’s facilities were closed.”
The class action lawsuit argues that “there is no question that classroom learning-and all the experiences that come with on-campus education-is more valuable to students than online learning.”
“Students and their families pay-and borrow-hundreds of thousands of dollars for the on-campus experience because it provides the students the opportunity to engage directly with their professors and instructors, to meet and share experiences with diverse and accomplished individuals from around the world, to join student clubs, to build professional networks, and to experience the campus environment.”
Online learning does not offer these opportunities and carries few of the massive expenses associated with live classroom learning, the claim reads.
“After COVID-19, Plaintiff and members of the proposed class were deprived of the opportunity, services, and experiences for which they paid.”
Rather than get the experience they had paid for, students had been subject to a breach of the contracts entered into with the University, the student argues.
The class action lawsuit argues that the university’s marketing material and application documents constituted contracts with the students, and all of those documents touted the benefits of being on the university’s campus.
Rivadeneira wants to represent anyone who paid to attend in-person classes at the University of South Florida. He is suing for breach of contract, unjust enrichment, violation of the takings clause, and inverse condemnation. He seeks certification of the Class, damages, restitution, legal fees and costs, interest, and a jury trial.
Were you at school during the COVID-19 lockdowns? Tell us whether you had any of your fees reimbursed for the move to online learning in the comments section!
Rivadeneira is represented by Joshua H. Eggnatz of Eggnatz Pascucci, P.A and Thomas J. McKenna of Gainey Mckenna & Egleston.
The University of Florida Online Learning Class Action Lawsuit is Rivadeneira v. University of South Florida, et al., Case No. 8:21-cv-01925 in the Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida.
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