Appeals court considers reviving claims American, George Washington University owe tuition refunds

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

University Tuition Reimbursement Class Action Lawsuits Overview: 

• Who: The D.C. Court of Appeals is deciding whether or not to revive class action lawsuits filed against American University and George Washington University. 
• Why: Students claim the universities owe them refunds for tuition paid after the universities were forced to shift courses to online learning due to the COVID-19 pandemic.
• Where: The class action lawsuits are being discussed in the D.C. Court of Appeals.

The D.C. Circuit Court of Appeals is discussing whether or not to revive a pair of class action lawsuits brought against American University and George Washington University by students who claim they are owed refunds after in-person learning was shut down at the onset of the COVID-19 pandemic.

The class action lawsuits were previously dismissed by a federal district court last year, MSN reports. 

Students claim they were deprived of the in-person learning experience they had been promised and paid tuition after they were forced to shift to online classes in March 2020. 

Further, students argue American and George Washington are guilty of unjust enrichment and breaching an implied contract, which D.C. courts have previously determined exists, between students and the universities they attend, MSN reports. 

One of the appellate judges, Patricia Millett, noted the universities had no choice but to shut their campuses down following a public health order by D.C. Mayor Muriel Browser. 

Universities could have added classes, plaintiffs argue

Counsel for the students argued that the universities had other options that would have prevented them from breaching their implied contracts with students; however, such as by adding extra classes after the public health order expired, MSN reports. 

The counsel also argues American and George Washington have conceded online classes are worth less than in-person learning since they have offered discounts for them in the time since the period currently under dispute. It also maintains that students who earned course credits have no legal standing to now make claims for refunds, regardless of where the classes took place, MSN reports. 

Millett determined, however, that whether or not the universities had promised to teach classes on campus was not the main issue but rather who should be financially responsible for its deal with students not being entirely fulfilled. 

The three-judge panel did not come to an immediate ruling on the issue, MSN reports.  

A number of universities faced class action lawsuits after having to switch courses to online learning due to the COVID-19 pandemic, including the University of Delaware and Loyola University of Chicago. 

Were you forced to transition to online learning while enrolled at a university during the pandemic? Let us know in the comments! 

The George Washington plaintiff is represented by Glenn Ivey and Andrew S. Levetown of Ivey & Levetown LLP and Steve W. Berman, Daniel J. Kurowski and Whitney K. Siehl of Hagens Berman Sobol & Shapiro LLP.

The George Washington University refund class action lawsuit is Mark Shaffer v. The George Washington University, Case No. 1:20-cv-01145, in the U.S. District Court for the District of Columbia.

Read About More Class Action Lawsuits & Class Action Settlements:

• NYC Schools Vaccine Mandate Blocked in Appeals Court, Hearing Set for Wednesday
• Texas School District’s Mask-Optional Policy Targeted in Class Action Lawsuit
• Northwestern COVID Tuition Class Action Lawsuit Dumped by Federal Judge
• The Honest Company Lied to Investors About COVID’s Impact, Class Action Lawsuit Alleges