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In re Univ. of San Diego Tuition & Fee COVID Refund Litigation

FAQs

Welcome to the Frequently Asked Questions (FAQs) page for the settlement related to the data incident involving In re University of San Diego Tuition & Fees COVID-19 Refund Litigation Below, you will find answers to common questions about this settlement. For further assistance, please visit the case website for court documents, Notice, etc. at www.USDTuitionFeeSettlement.com or contact the Settlement Administrator at claims@apexclassaction.com or 800.355.0700.

General Information

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

Settlement Class Members who do nothing automatically receive a payment by check to the last known mailing address as reflected in UDS’s records after the Effective Date of the Settlement Agreement. You will give up any rights you may have to sue USD about the issues in this case.

CHANGE YOUR PAYMENT OPTIONS

Settlement Class Members may visit www.USDTuitionFeeSettlement.com to (a) provide an updated mailing address for sending a check or (b) elect to receive the Cash Award by Venmo or PayPal instead of a paper check. Settlement Class Members may also submit this information to the Settlement Administrator by mail at Apex Class Action, LLCP.O. Box 54668, Irvine, CA 92619.

EXCLUDE YOURSELF

You will not receive your Cash Award, but you will retain any rights you may have to sue USD about the issues in this case.  The deadline to exclude yourself is January 8, 2025.

OBJECT

Write to the Court explaining why you don’t like the Settlement. If the Court approves the Settlement, you will be bound by the Court’s decision and the Settlement Agreement.  The deadline to object to the settlement is January 8, 2025.

ATTEND A HEARING

Ask to speak in Court about the fairness of the Settlement during the Final Approval Hearing on March 3, 2025.


1. What is this case about?

The lawsuit alleges that students who attended USD during the Spring 2020 Semester are entitled to partial refunds of tuition and fees because USD transitioned to remote instruction in March 2020 amid the COVID-19 pandemic in accordance with California law. USD denies each and every allegation of wrongdoing, liability, and damages asserted, and USD denies that the claims in the Lawsuit would be appropriate for class treatment if the litigation proceeded through trial. 

The Plaintiffs’ Complaint, the Settlement Agreement, and other case-related documents are available on the Settlement Website, accessible at www.USDTuitionFeeSettlement.com.

 

2. Who is included in the Settlement? 

You are a member of the Settlement Class if you were an enrolled students at USD who paid tuition, the Student Wellness fee and/or course fees to USD, or who were credited with having paid such tuition and/or Mandatory Fees to USD for the Spring 2020 term/semester. 

Excluded from the Settlement Class are

 
(1) students who enrolled in online-only classes at the beginning of the Spring 2020 semester,

(2) students who paid no tuition or fees (i.e., students who received more in scholarships or grants from USD than what was charged in tuition and/or Mandatory Fees),

(3) students who left or withdrew from USD prior to March 16, 2020,

(4) any District Judge or Magistrate Judge presiding over this Action and members of their families;

(5) the Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, agents, attorneys, and employees;

(6) persons who properly execute and file a timely request for exclusion from the class; and 

(7) the legal representatives, successors or assigns of any such excluded persons.

 

3. Why did I receive a notice?

  • A Settlement has been reached in a class action lawsuit between Defendant University of San Diego (“Defendant” or “USD”) and certain individuals who have alleged that they, and the Settlement Class Members,[1] are entitled to partial refunds of tuition and fees for the Spring 2020 Semester because USD transitioned to remote instruction in March 2020 amid the COVID-19 pandemic in accordance with California law. The case is In re University of San Diego Tuition & Fees COVID-19 Refund Litigation, Case No. 3:20-cv-01946-RBM-VET, in the United States District Court for the Southern District of California (the “Lawsuit”). The proposed Settlement is not an admission of wrongdoing by USD, and USD denies all allegations of wrongdoing and disclaims all liability with regard to all claims in the Lawsuit. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only.
  • You are a member of the Settlement Class if you were enrolled during the Spring 2020 Semester and you had any amount of tuition and fees were paid from any source other than a scholarship/grant from USD (e.g., your own funds, funding from a parent or other family member, loan, or non-USD scholarship/grant) for the Spring 2020 Semester, and your tuition and fees have not been refunded in their entirety. But you are not a Settlement Class Member if you opt out of the Settlement, or if you received a full scholarship from USD covering all USD tuition and Mandatory Fees or otherwise were not obligated to make any contributions, payments, or third-party arrangements towards tuition or Mandatory Fees for the Spring 2020 Semester.
  • Under the Settlement Agreement, USD will pay $1.4 million into a Settlement Fund. Some of that will go to Class Counsel for attorneys’ fees and expenses, some will go to class representatives as service awards, and some will pay for the costs of administering the settlement. What remains of the $1.4 million will be divided among the approximately ____ Settlement Class Members. Settlement Class Members do not need to take any action to receive their shares of the payment. Settlement Class Members will automatically receive their shares by check mailed to the Settlement Class Member’s last known mailing address, if the Court ultimately approves the Settlement.  Alternatively, if they prefer to receive their share by Venmo or PayPal or update their mailing address for mailing of a check, Settlement Class Members may visit the settlement website to complete an Election Form to provide their Venmo or PayPal information, or to update their mailing address.  

 

4. Who are the Defendants?

University of San Diego, or USD

 

5. What does the Settlement provide?

The Plaintiffs and USD have determined that it is in their best interests to settle to avoid the expenses and uncertainties associated with continued litigation. This Settlement resolves all claims asserted in the case against USD and its affiliated persons and entities. The Plaintiffs and the attorneys for the Settlement Class believe the proposed settlement is in the best interests of the Class. The Settlement is not an admission of wrongdoing by USD and does not imply that there has been, or would be, any finding that USD violated any law if the case were to move forward. USD denies each and every allegation of wrongdoing and liability in the Lawsuit. The Court did not reach a decision on the merits of the Lawsuit. The Court has preliminarily approved the Settlement and ordered that this notice be provided to explain it. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court must give final approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that Settlement Class Members receive this Notice and have the opportunity to exclude themselves from the Settlement Class or to voice their support for or opposition to final approval of the Settlement. If the Court does not give final approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.

 

6. What are my Options?

(1) Receive Payment By Check or Elect to Have Your Payment Made Electronically.  

The $1.4 million Settlement Fund, minus any attorneys’ fee for Plaintiffs’ counsel (addressed below), service awards for the three named Plaintiffs of up to $15,000 total, and the costs of administering the settlement, will be divided equally among all Settlement Class Members. The parties expect the payment to be approximately $___ per recipient. You will not need to take any action to receive your share of the settlement. Settlement Class Members will automatically receive their Cash Award by check mailed to the Settlement Class Member’s last known mailing address as reflected in USD’s records.  Alternatively, if they prefer to receive their share by Venmo or PayPal, they may visit the settlement website to provide their Venmo or PayPal information, or may provide that information to the Settlement Administrator by mail at the address below. If any Settlement Class Members fail to cash their Cash Award checks, those monies from uncashed checks will be deposited in USD’s institutional general scholarship and hardship financial aid funds at USD for the purpose of providing additional student aid.

 

(2) Exclude Yourself (“Opt out”) of the Settlement).

You may exclude yourself from the Settlement. If you do so, you will not receive a Cash Award from the Settlement Fund. You will not release any claims you may have against USD and the Released Parties (as that term is defined in the Settlement Agreement, available for review at www.USDTuitionFeeSettlement.com), and you will be able to pursue whatever legal rights you may have by pursuing your own lawsuit against USD and the Released Parties at your own risk and expense.

To exclude yourself from the Settlement, you must mail a timely letter to the Settlement Administrator at Apex Class Action, LLC

P.O. Box 54668, Irvine, CA 92619 postmarked by January 8, 2025.  Your request to be excluded from the Settlement must include your name and address, and a statement that you want to be excluded from the Settlement Class for purposes of this Settlement in the USD Tuition & Fees COVID-19 Refund Litigation.  You cannot ask to be excluded by phone or on the Settlement Website. You may opt out of the Settlement Class only for yourself; one may not purport to opt others out of the Settlement Class on a class or representative basis.  “Mass” or “class” opt-outs will not be allowed.

 

(3) Object to the Settlement. 

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. You can ask the Court to deny approval of the proposed settlement by filing an objection. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, the benefits for Settlement Class Members described herein will not be provided, and the lawsuit will continue. 

To object, you must file your objection in writing with the Court by January 8, 2025.  Your objection must include the following: 

  • Your name and address;
  • An explanation of the basis upon which you claim to be a Settlement Class Member;
  • All grounds for the objection, including all citations to legal authority and evidence supporting the objection;
  • The name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection (the “Objecting Attorneys”);
  • A statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel who files an appearance with the Court in accordance with the Local Rules); and
  • If you or any of the Objecting Attorneys has objected to any class action settlement where the objector or the Objecting Attorneys asked for or received any payment in exchange for dismissal of the objection, or any related appeal, without any modification to the settlement, then the objection must include a statement identifying each such case by full case caption and amount of payment received.

“Mass” or “class” objections will not be allowed.

 

If you do not timely and validly make your objection, you will be deemed to have waived all objections and may not be entitled to speak at the Final Approval Hearing.

If you file and serve a written objection and statement of intent to appear, you may appear at the Final Approval Hearing, either in person or through your personal counsel hired at your own expense, to object to the fairness, reasonableness, or adequacy of the Settlement.

If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in

which the Court accepts filings) no later than January 8, 2025.  You must also send a copy of your objection by mail, hand, or overnight delivery service to the attorneys representing the Settlement Claims Administrator at Apex Class Action, LLC P.O. Box 54668, Irvine, CA 92619, or Class Counsel, including Michael A. Tompkins of Leeds Brown Law, P.C., postmarked no later than January 8, 2025. 

If you hire an attorney in connection with making an objection, that attorney must also file with the Court a notice of appearance by January 8, 2025. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection. If you object and the Settlement is approved, you will still be entitled to receive benefits under the Settlement and will be bound by the terms of the Settlement.

 

Settlement Administrator
Apex Class Action LLC
PO Box 54668
Irvine, CA 92619

 

7. What is the deadline to file my payment request, file an Exclusion, or file an Objection?

January 8, 2025

 

8. When will I receive payment?

Cash Awards will be distributed if and after the Court grants Final Approval to the Settlement. The parties cannot accurately predict when (or whether) the Court will grant Final Approval to the Settlement, or whether there may be appeals from that order that take additional time to resolve, so please be patient. After the Court grants Final Approval to the Settlement, and after any appeals are resolved, Cash Awards will be likely be paid within 60 days.

Updated information about the case will be made available at www.USDTuitionFeeSettlement.com or you can call the Settlement Administrator at (800) 355 - 0700 or contact Class Counsel at the information provided below.

 

 

Additional Resources

Contact Information:
Settlement Administrator
Apex Class Action LLC
PO Box 54668
Irvine, CA 92619
Email: claims@apexclassaction.com
Phone: 800.355.0700

 

[1] Definitions for terms used herein can be found in the Settlement Agreement available at www.USDTuitionFeeSettlement.com.