Pace University Tuition, Room & Board Lawsuit

Date Filed: 4.23.2020

Case Number: 20-cv-03210

Location Filed: Southern District of New York

Plaintiff: Xaviera Marbury

Summary: A Pace University student (“student”) filed a class-action lawsuit against Pace University demanding repayment for paid tuition, mandatory fees, or voluntary fees for privileges or services Pace University failed to provide due to its COVID-19 related campus closure. Class Action Complaint and Jury Demand, Marbury v. Pace Univ., 20-CV-03210 (D.S.C. Apr. 20, 2020). The lawsuit was filed April 20, 2020, in the U.S. District Court for the District of South Carolina and makes claims against Pace University 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 Pace University, 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 Pace University breached its contract with students by failing to provide those services and has otherwise not performed under the contract. Id. Alternatively, Pace University 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 Class Action. Id.

The complaint reads, “although Pace University 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 June 30, 2014, Pace University's total endowment net assets exceeded $593 million. Richard Wilson, Pace University Endowment Fund Endowments.com (2020), http://endowments.com/pace-university/ (last visited Jun 12, 2020).

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