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A New York City music school that hit a bad note with students by charging full tuition and fees while only offering online learning during the pandemic must face a class action lawsuit, a judge has ruled.
On Tuesday, U.S. District Judge Katherine Polk Failla ruled that Plaintiff Alina Flatscher’s complaint against the Manhattan School of Music could go ahead, albeit a trimmed version, La360 reported.
The class action alleged the school breached an implied contract with students by not refunding tuition fees when it went virtual during the pandemic.
On Tuesday, Judge Failla wrote that the school must face breach of contract and unjust enrichment claims.
“The court finds defendant’s statements to be sufficiently specific to give plaintiff the expectation that her payment of tuition and fees entitled her to more than just course credit towards graduation, and instead encompassed physical access to MSM facilities and certain in-person, hands-on educational experiences,” the order said.
In her class action lawsuit, Flatscher pointed out statements in the school’s course catalog and other promotional materials that pointed to physical access to Manhattan School of Music facilities like practice rooms, and certain in-person, hands-on experiences, not just the degree you get there.
She says the school charged students more than $48,000 in tuition for the 2019-2020 academic year, Law360 reported.
Flatscher did her courses online and got private voice lessons through video conferences, but she and her teacher struggled with technical difficulties.
The judge ruled — on the basis of the school’s promotional materials — that the class action could move forward to the next stage due to a suggestion of an “implied contractual right” to in-person instruction.
Many class actions have been filed to reclaim tuition after universities went online during the pandemic last year, and some have failed. However, the judge said this case was unique in the fact that it teaches practical music and performance.
“Defendant misses the crux of this matter: defendant is a musical conservatory, ‘preparing (defendant’s) students to be accomplished and passionate performers,” the order reportedly said.
“Indeed, many, if not all, of Defendant’s courses ‘require in-person/hands on instruction’ because of the school’s unique status as a musical conservatory. “
What do you think of the students’ claims in this case? Let us know in the comments!
Flatscher is represented by Thomas J. McKenna of Gainey McKenna & Egleston. The school is represented by Gregory B. Reilly of Bond Schoeneck & King.
The Manhattan School of Music Tuition Class Action Lawsuit is Alina Flatscher v. The Manhattan School of Music, Case No. 1:20-cv-04496, in the U.S. District Court for the Southern District of New York.
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