Judge Approves $5m Preliminary Settlement in Rutgers COVID-19 Tuition Case

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Rutgers COVID-19 Tuition Class Action Lawsuit Overview: 

• Who: Kari Rocchio and Sana Mahmood filed a class action lawsuit against Rutgers.
• Why: Plaintiffs allege that Rutgers improperly retained tuition and fees after ceasing in-person instruction due to the COVID-19 pandemic.
• Where: The class action lawsuit was filed in New Jersey federal court.

Superior Court Judge Alberto Rivas has approved a $5 million preliminary settlement against Rutgers, The State University of New Jersey, over claims the university kept tuition and fees after canceling in-person instruction during the Spring 2020 semester as a result of the COVID-19 pandemic.

“The court finds that, subject to the final approval hearing, the settlement agreement is fair, reasonable and adequate, within the range of possible approval and in the best interests of the settlement class,” the motion states.

The final approval hearing, which will certify the settlement, will be held on Jan. 28, 2022 at 9 a.m. at the Superior Court of New Jersey,

Any person falling within the definition of the settlement class may file a written request with the settlement administrator to exclude themselves or “opt out” from the class on or before the objection/exclusion deadline, which the court orders to be set as 60 days after the notice date. These class members will not be bound by the terms of the settlement agreement nor entitled to any of its benefits. 

Members of the settlement class who fail to submit a valid and timely request for exclusion shall be bound by all terms of the settlement agreement and the final judgment, regardless of whether they have requested exclusion from the agreement.

Class Action Alleges Students Did Not Receive the Educational Benefits They Paid For

This is a class action lawsuit on behalf of all people who paid tuition and fees for the Spring 2020 academic semester at Rutgers, and who, because of the defendant’s response to the COVID-19 pandemic, lost the benefit of the education for which they paid and/or the services for which their fees paid without having their tuition and fees refunded to them. 

‘Plaintiff and the putative class are entitled to a refund of tuition and fees for in-person educational services, facilities, access and/or opportunities that defendant has not provided. Even if defendant did not have a choice in canceling in-person classes, it nevertheless has improperly retained funds for services it is not providing,” the lawsuit states.

Are you a student who did not receive a refund of tuition or fees when in-person instruction was canceled due to COVID-19? Let us know in the comments! 

The plaintiffs are represented by James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC and Daniel J. Kurowski and Whitney K. Siehl of Hagens Berman Sobol Shapiro LLP.

The Rutgers COVID-19 Tuition Class Action Lawsuit is Rocchio et al. v. Rutgers University, Case No. MID-L-003039-20, in the Superior Court of New Jersey, County of Middlesex.

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