Montana State University Hit with Class Action Seeking Tuition, Fee Refunds for COVID-19-Affected Semesters

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A proposed class action alleges students at Montana State University are owed tuition and fee refunds for this year’s semesters affected by the COVID-19 pandemic.

Despite transitioning to online learning on March 23, 2020 and thereafter failing to provide many of the services and facilities for which students contracted and paid, Montana State has nonetheless refused to issue refunds for both tuition and mandatory fees, the 21-page lawsuit says.

The plaintiff, an undergraduate, claims he and other students were deprived of the in-person education and benefits they expected and for which they paid thousands to the Bozeman research university, arguing that the school’s failure to provide such amounts to a breach of contract.

“In short, [the plaintiff] and the members of the Class have paid for tuition for a first-rate education and an on-campus, in person educational experience, with all the appurtenant benefits offered by a first-rate university, and were provided a materially deficient and insufficient alternative, which alternative [sic] constitutes a breach of the contracts entered into by [the plaintiff] and the Class Members with MSU,” the complaint reads.

On March 12, MSU announced that all classes would be transitioned online beginning on March 23, the suit explains. Per the case, the school did not hold any in-person classes between that date and August 17, 2020.

Given the timeline in which Montana State suspended in-person learning, the plaintiff claims many of the services for which students paid mandatory fees—such as access to health and wellness facilities, programs and services; fitness facilities; student events and sports; and an in-person commencement—also stopped being provided in March. The plaintiff says he was unable to complete a project for his computer engineering class as it required collaboration with other students and access to a lab that was closed by the school on March 23.

The lawsuit argues the plaintiff and proposed class members specifically chose to enroll in MSU’s in-person educational programs but were instead forced into online learning options that were “subpar in practically every aspect.”

Further, the plaintiff asserts that the price of the school’s in-person tuition and fees was meant to include in-person educational services, opportunities and experiences on campus, including opportunities for collaborative learning and dialogue; access to libraries, laboratories, computer labs, recitations and study spaces; and student activities offered by campus life.

Nevertheless, MSU has allegedly refused to refund “any portion” of students’ tuition and fees for the Spring 2020 semester, which the case claims violates “generally accepted principles of business conduct.”

The lawsuit, which echoes a slew of similar suits lodged against universities and colleges nationwide over their apparent refusal to offer Spring 2020 tuition and fee refunds, looks to cover anyone who paid tuition and/or mandatory fees for a student to attend in-person classes at MSU during the Spring 2020 semester or any other semester affected by COVID-19 but had their educational experiences and classes moved online.

ClassAction.org’s coverage of COVID-19 litigation can be found here and over on our Newswire.

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