Univ. of Colorado at Bolder Tuition, Room & Board Lawsuit

Date Filed: 4.15.2020

Case Number: 20-cv-01064

Location Filed: District of Colorado

Plaintiff: Carpey

Summary: A University of Colorado (“CU Boulder”) student (“student”) filed a class-action lawsuit against CU Boulder demanding repayment for paid tuition, mandatory fees, or voluntary fees for privileges or services CU Boulder failed to provide due to its COVID-19 related campus closure. Class Action Complaint and Jury Demand, Carpey v. Univ. of Colorado, Boulder, 1:20-CV-01064-SKC (D. Colo. Apr. 15, 2020). The lawsuit was filed April 15, 2020, in the U.S. District Court for the District of Colorado and makes claims against the CU Boulder for breach of contract and unjust enrichment. Id. The lawsuit highlights that as a precondition for enrollment, the student was required to and did pay tuition, as did all members of the proposed Class. Id. Additionally, the student paid tuition and fees for in-person instruction at the CU Boulder, which covers not just the academic education, but encompass an entirely different experience from the online program, such as face to face interaction with professors, mentors, peers, extra-curricular activities, and facilities. Id.

 The suit claims the CU Boulder breached its contract with students by failing to provide those services and has otherwise not performed under the contract. Id. Alternatively, the CU Boulder is unjustly enriched because it continued to charge for tuition and reaping the financial benefit of millions of dollars from tuition-payers, despite sending students home, closing its campus and residence halls, and changing courses for the worse. Id.

The complaint reads, “although the CU Boulder is still offering some level of academic instruction via online classes, Plaintiff and members of the proposed Class have been and will be deprived of the benefits of on-campus learning.” Id. As of September 18, 2018, the CU Boulder’s total endowment net assets exceeded $1.4 billion. Janet Lorin, Bloomberg - University of Colorado Endowment Gains 11% on Alternative Wagers Bloomberg.com (2020), https://www.bloomberg.com/news/articles/2018-08-24/university-of-colorado-endowment-gains-11-on-alternative-wagers (last visited Jun 12, 2020).

For questions regarding this case, please call 800-777-7777