NYU Escapes COVID Tuition Class Action, Still On the Hook for Fee Repayment

NYU COVID Tuition Class Action Lawsuit Overview:

• Why: The student takes issue with the school’s decision to continue charging students full tuition and fees despite the move to remote learning.
• Who: A former NYU graduate student filed a class action lawsuit against the university.
• Where: The class action lawsuit was filed in New York federal court.

Siding with New York University, a federal judge ruled that a former NYU graduate student cannot recoup tuition costs from spring 2020. The student failed to show that NYU promised in-person education in exchange for tuition, the judge said. However, the claims regarding school fees for campus amenities will move forward. 

The plaintiff, Nelcy Mabel Garcia De Leon, proposes two classes: one includes students who paid tuition in spring 2020 and one that includes students who paid fees for that semester. De Leon lodged claims of breach of contract, unjust enrichment and violations of the New York General Business Laws (NYGBL).

Plaintiff Failed to Prove NYU COVID Tuition Promise

In its motion to dismiss, NYU argued that De Leon failed to provide a specific promise that NYU made for in-person learning in return for tuition.

Judge McMahon agreed and dismissed De Leon’s claims of breach of contract regarding her tuition claims. 

“Tuition is the sum of money charged for teaching; Plaintiff does not (and cannot) allege that NYU failed to teach her,” the judge wrote in her order. “She accepted the benefits of that teaching by earning credits toward her degree. She got what she paid for – she got the only thing she was promised.”

Judge McMahon also tossed De Leon’s allegations that NYU violated NYGBL. The judge maintains that De Leon does not show that NYU “knew nor could have known” that its representations of the school and its offerings would “later turn out to be impossible, due to unanticipated forces.”

Students Can Still Seek Fee Repayment

Judge McMahon did maintain De Leon’s breach of contract and unjust enrichment claims surrounding fees that are supposed to be used for on-campus services such as “access to campus facilities, student activities, health services and other opportunities.”

The judge denied NYU’s argument that COVID-19 rendered it “impossible” to follow through on its non-academic services, ruling that “does not necessarily excuse the university from its obligation to repay” students who gave the university money in exchange for those services. 

Has your school years been affected by the pivot to remote learning? Share your thoughts in the comments below.

The plaintiff is represented by Edward Toptani of Toptani Law PLLC and Eric M. Poulin, Roy T. Willey IV and Blake G. Abbott of Anastopoulo Law Firm LLC.

The NYU COVID Tuition Class Action Lawsuit is De León v. New York University, Case No. 1:21-cv-5005, in the U.S. District Court for the Southern District of New York.

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