COVID-19 Tuition Fees Class Action Lawsuit Roundup

COVID-19 Tuition Fees Lawsuits Overview:

• Who: Students have filed COVID-19 class action lawsuits against colleges and universities.
• Why: The plaintiffs claim that they were deprived of the full value of education and amenities for which they paid when classes moved online during the pandemic and are seeking refunds of their tuition and other fees they paid.
• Where: The COVID-19 tuition fees class action lawsuits are pending in various courts throughout the United States.

The COVID-19 pandemic caused worldwide disruption, causing many industries to shut down or reduce their services in order to curb the spread of the novel coronavirus. Colleges and universities were affected, and many halted in-person classes and other campus services.

In response, many university students have sought prorated COVID-19 tuition refunds because they did not receive the value of the educational experience for which they paid. When their schools have refused to issue refunds, some students have opted to take legal action to get the refunds they believe they are entitled to receive.

The following includes a brief summary of how some of these COVID-19 tuition refund class action lawsuits are faring.

South Florida COVID-19 Tuition Fees

On Feb. 14, a Florida federal judge sent a proposed University of South Florida COVID-19 tuition fees class action lawsuit back to state court after dismissing the student plaintiff’s sole federal claim.

U.S. District Judge Charlene E. Honeywell dismissed plaintiff Felipe Rivadeneira’s Fifth Amendment claim, finding that he did not have a constitutionally protected property interest in the fees he paid.

Rivadeneira argued that he had a protected property right to the funds he paid USF to enjoy on-campus amenities. He filed the COVID-19 tuition fees class action lawsuit on behalf of himself and a proposed Class of USF students seeking prorated refunds for tuition and other fees for the spring 2020 semester.

The judge remanded the case to Hillsborough County court, which is where the proposed USF class action lawsuit was originally filed.

Nova Southeastern University Tuition Fees

On Feb. 16, Nova Southeastern University was dealt a blow when a Florida federal judge denied its motion to dismiss a class action lawsuit seeking tuition refunds for transitioning to online learning during the COVID-19 pandemic.

In this case, U.S. District Judge Rodolfo A. Ruiz II determined that a Florida law protecting colleges from pandemic related lawsuits did not apply because the proposed Nova class action lawsuit was filed nearly one year before the law took effect.

Syracuse University Class Action Lawsuits

Syracuse University is facing four COVID-19 class action lawsuits by students seeking refunds after their classes were moved online due to pandemic-related shutdowns. They claim that they lost the benefit of the on-campus education for which they paid. Although the university allegedly allowed students to apply for reimbursements for housing and meal plan payments, Syracuse refused to refund tuition or fees.

Rutgers University COVID-19 Refund Class Action Settlement

At least one COVID-19 tuition fees class action lawsuit has resulted in a settlement. On Jan. 28, 2021, a judge granted final approval to a $5 million Rutgers University tuition fees settlement.

Expected payments were estimated to be $50 to $70 per person. Under the terms of the Rutgers settlement, eligible Class Members would automatically receive a payment and did not need to file a claim.

NYU Fee Repayment Class Action Lawsuit

New York University was able to escape claims in a COVID-19 tuition refund class action lawsuit, but a judge held that the graduate student plaintiff’s claims regarding school fees for campus amenities could proceed.

The judge agreed with NYU’s assertion that plaintiff Nelcy Mabel Garcia De Leon failed to show that NYU breached a contract regarding the tuition claims. 

However, the judge determined that De Leon could still pursue breach of contract and unjust enrichment claims for fees related to campus facilities, student activities, health services, and other amenities that were unavailable during the COVID-19 related disruptions.

American University & George Washington University Cases May Be Revived

Tuition refund class action lawsuits against American University and George Washington University were dismissed by a federal court last year, but the D.C. Circuit Court of Appeals may decide to revive them. The plaintiffs in those cases allege that online courses are worth less than in-person classes and that they were deprived of the in-person learning experience they paid for.

Are you a college student whose on-campus experience was affected by the COVID-19 pandemic? Were you provided a refund of any tuition fees due to pandemic-related shutdowns? Tell us about it in the comments below!

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