ASHA SMITH AND EMMA NEDLEY, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED V. UNIVERSITY OF PENNSYLVANIA , CIVIL ACTION NO. 20-2086 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
If you were enrolled as a student in any program at the University of Pennsylvania (“Penn” or “University”) after March 17, 2020, were assessed fees for the
Spring 2020 semester, and you were not enrolled for the Spring 2020 semester solely in a program that, at the beginning of the Spring 2020 semester, was
intended to be delivered as an online program, you are likely part of the proposed settlement class (a “Settlement Class Member”) affected by this lawsuit.
The purpose of this website is to inform you of a proposed Settlement relating to a class action lawsuit brought by Plaintiffs, students at Penn during the
Spring 2020 semester, against Penn, on behalf of a putative class who paid tuition and fees for the Spring 2020 semester. The case is captioned
Asha Smith
and Emma Nedley, on behalf of themselves and all others similarly situated v. University of Pennsylvania
, Civil Action No. 20-2086 (E.D. Pa.)
(the “Action”).
In this Action, Plaintiffs alleged Penn breached a contract when it transitioned to remote learning in response to the COVID-19 pandemic. Plaintiffs also alleged that Penn’s shift to remote learning gave rise to claims of unjust enrichment and conversion. Plaintiffs sought a partial refund of their tuition and fees for the Spring 2020 semester. The Court dismissed the tuition-based claims for breach of contract, unjust enrichment, and conversion, and it dismissed the fee-based claims for unjust enrichment and conversion. The sole remaining claim in this Action is Plaintiffs’ fee-based breach-of-contract claim. Penn denies all allegations of wrongdoing and there has been no finding of liability in any court. However, considering the interest of both Penn and its students in prompt resolution of the matter, Penn has agreed to establish a Settlement Fund to resolve the Action.
In this Action, Plaintiffs alleged Penn breached a contract when it transitioned to remote learning in response to the COVID-19 pandemic. Plaintiffs also alleged that Penn’s shift to remote learning gave rise to claims of unjust enrichment and conversion. Plaintiffs sought a partial refund of their tuition and fees for the Spring 2020 semester. The Court dismissed the tuition-based claims for breach of contract, unjust enrichment, and conversion, and it dismissed the fee-based claims for unjust enrichment and conversion. The sole remaining claim in this Action is Plaintiffs’ fee-based breach-of-contract claim. Penn denies all allegations of wrongdoing and there has been no finding of liability in any court. However, considering the interest of both Penn and its students in prompt resolution of the matter, Penn has agreed to establish a Settlement Fund to resolve the Action.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | ||
|---|---|---|
| OPTIONS | RESULT | DEADLINE |
| DO NOTHING |
Do Nothing and Automatically Receive a Payment. Details on this option can be found in FAQ 7. Students who are not Continuing Penn Students may update their address and change the form in which they receive their settlement benefit. |
No Deadline |
| EXCLUDE YOURSELF FROM THE PROPOSED SETTLEMENT |
You can choose to “opt out” of the proposed Settlement. Opting out means that you choose not to participate in the proposed Settlement.
It also means that you cannot object to the proposed Settlement (see below). If you opt out, you will not receive a payment and you will
keep any individual claims you may have against Penn relating to the transition to remote learning in the Spring 2020 semester. Details on this option can be found in FAQ 11. |
Postmarked no later than September 11, 2023 (for Class Members sent Notice July 31, 2023) |
| OBJECT TO THE PROPOSED SETTLEMENT |
You can file an objection with the Court explaining why you believe the Court should reject the proposed Settlement. If your objection
is overruled by the Court and the proposed Settlement is approved, then you would be included in the Settlement Class. If the Court agrees
with your objection, then the proposed Settlement may not be approved. If you choose to object, you may not also opt out of the proposed
Settlement, as only participating class members may object to a proposed Settlement. Details on this option can be found in FAQ 12. |
Postmarked no later than September 11, 2023 (for Class Members sent Notice July 31, 2023) |
This website provides a summary of your rights and options. Your rights and options—and the deadlines to exercise them—along with many of the material terms
of the proposed Settlement are explained further in the
Notice
. The most comprehensive explanation of your rights and options is contained in the
Settlement Agreement
.
If you will not be a Continuing Penn Student and your contact information has changed, please complete the Information Form. (A Continuing Penn Student is a student who, after the spring 2023 semester, will have at least one full semester to complete in their respective program). You may also notify the Settlement Administrator by emailing to info@UPennCovidRefundSettlement.com, calling toll-free 1-877-877-388-1717, or by writing to the Settlement Administrator at University Covid Refund Settlement, c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, WI 53217.
If you will not be a Continuing Penn Student and your contact information has changed, please complete the Information Form. (A Continuing Penn Student is a student who, after the spring 2023 semester, will have at least one full semester to complete in their respective program). You may also notify the Settlement Administrator by emailing to info@UPennCovidRefundSettlement.com, calling toll-free 1-877-877-388-1717, or by writing to the Settlement Administrator at University Covid Refund Settlement, c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, WI 53217.
SETTLEMENT UPDATE:
Final Approval of the Settlement was granted on January 19, 2023. The Settlement became Final on the
Effective Date, February 21, 2023.
A Joint Stipulation of the Settlement was approved on July 19, 2023. This Order entered approves the Notice to be sent to 270 students who were not sent the original Notice in 2022.
Distribution of Settlement Funds are anticipated to distribute to eligible Class Members in November 2023.
Settlement Benefit for Continuing Penn Students will be credited to his or her student account.
Non-Continuing Students will be mailed a check unless a request for digital payment was submitted to the Settlement Administrator.
A Joint Stipulation of the Settlement was approved on July 19, 2023. This Order entered approves the Notice to be sent to 270 students who were not sent the original Notice in 2022.
Distribution of Settlement Funds are anticipated to distribute to eligible Class Members in November 2023.
Settlement Benefit for Continuing Penn Students will be credited to his or her student account.
Non-Continuing Students will be mailed a check unless a request for digital payment was submitted to the Settlement Administrator.
