SEATTLE – An attorney from Hagens Berman representing students and parents pursuing class-action lawsuits seeking tuition repayment and other costs against universities amid COVID-19 related campus closures is calling on Congress to protect the rights of tuition payers.

The statement from Steve W. Berman, managing partner and co-founder of Hagens Berman and attorney for students and parents in the series of class actions comes after an attempt made by the American Council on Education’s to shield higher education institutions from liability, potentially leaving students and parents with no recourse.

Berman issued the following statement in a letter to House Speaker Nancy Pelosi, House Minority Leader Kevin McCarthy, Senate Leader Mitch McConnell and Senate Minority Leader Chuck Schumer:

The letter from the Council recognizes the value of an in-person educational experience and confirms the lawsuits we and others have filed are far from speculative.  But despite sending students home and closing their campus(es) during the Spring 2020 term, colleges and universities have retained and/or refused to partially refund student tuition and fees, despite students’ complete inability to continue school as normal, occupy campus buildings and dormitories, or avail themselves of school programs and events. So while students enrolled at and paid their colleges and universities for a comprehensive, in-person academic experience, colleges and universities provided students something far less: a limited online experience presented by YouTube, Blackboard, Google or Zoom, void of face-to-face faculty and peer interaction, separated from program resources, and barred from facilities and equipment vital to study.  Not one student in this country bargained or paid for such an experience.  Moreover, for some students and families, their payments to colleges and universities for Spring 2020 tuition and fee assessments were based on outdated financial aid equations and collections, failing to take into account recent disruptions to family income, a particular concern where layoffs and furloughs are at record levels. 

While we do not dispute the need for such closures to protect student health or the decision to temporarily transition students to online-only classes.  But it is undisputable that transitions created significant losses to students from coast-to-coast and we take issue with their insistence that they retain money from students that they did not earn.  We respectfully request that Congress decline to enact immunity protections for colleges and universities on claims by students seeking partial tuition and fee refunds.  We take no position regarding immunity issues as they may relate to personal injury liability or the resumption of campus operations.

Berman has led his firm to bring class-action lawsuits accusing several universities of breach of contract, unjust enrichment and conversion. The law firm represents tuition payers against Boston University, Brown University, Duke University, Emory University, George Washington University, Hofstra University, University of Miami, the University of Southern California, Vanderbilt University and Washington University in St. Louis for failure to repay tuition-payers for their losses, and is pursuing action against many others.

Law Firm’s Ongoing Investigation

If you are paying for college tuition, and/or room and board at any U.S. college or university closed due to COVID-19, find out more about the lawsuit and your rights.

Hagens Berman is investigating the rights of those who are currently paying for room and board, and/or tuition at all U.S. colleges and universities that have been forced to close due to the outbreak of COVID-19. This may include parents, guardians or college students who are paying for their own costs of college.

Despite orders from colleges and universities sending home students and closing campuses, these institutions of higher learning continue to charge for tuition and room and board. Collectively, these institutions are continuing to receive millions from students despite their inability to continue school as normal, or occupy campus buildings and dorms.

Find out more about the class-action lawsuit against colleges and universities for tuition, room and board and other costs incurred during the outbreak of COVID-19.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with nine offices across the country. The firm’s tenacious drive for plaintiffs’ rights has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” and MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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