Doval, et al., v. Fairleigh Dickinson University
Case No. BER-L-004966-20
IF YOU ARE A PERSON WHO PAID FDU SPRING 2020 SEMESTER TUITION AND FEES OR WHO BENEFITTED FROM THE PAYMENT, AND WHOSE TUITION AND FEES HAVE NOT BEEN REFUNDED, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
The Superior Court of New Jersey Law Division Bergen County has preliminarily approved a class action settlement that may affect your legal rights.
A Settlement has been reached in a class action lawsuit against Fairleigh Dickinson University (“FDU” or “Defendant”). The class action lawsuit involves whether FDU breached a contract with its students to provide physically in-person instruction and on-campus educational services for the Spring 2020 Semester by transitioning to remote learning and services environment in March 2020 without issuing tuition and fee refunds. FDU denies all allegations of wrongdoing and liability. There has been no finding of liability by any Court. However, in order to support its students and their families and to resolve the matter, but without admitting any wrongdoing, FDU has agreed to establish a Settlement Fund to resolve all claims in the Action (the “Settlement”).
Frequently Asked Questions
Who’s Included? You are included if you are a person who paid FDU Spring 2020 Semester tuition and fees or who benefitted from the payment, and whose tuition and fees have not been refunded.
What Can I Get? Class Members who submit a timely and valid Claim Form will receive a cash benefit as set forth below. A Settlement Fund of $1,500,000.00 has been established to pay all claims to the Settlement Class, together with notice and administration expenses, approved attorneys’ fees and costs, and incentive awards. If you are entitled to relief, you will be eligible to receive a pro rata (meaning proportional) share of the Settlement Fund, up to $155.00, which will be based on the total out-of-pocket amount of tuition and fees paid for the Spring 2020 Semester (less any outstanding balance from the Spring 2020 term still owed to FDU).
YOU MUST SUBMIT A TIMELY, VALID CLAIM FORM TO RECEIVE A PAYMENT UNDER THE SETTLEMENT.
How Do I Get a Payment? All Class Members must submit a timely, valid Claim Form postmarked or received by October 1, 2024 to receive a payment under the Settlement. Click here to submit a claim. FDU has provided the Settlement Administrator with a list of the Class Members and their contact information. The Court has issued an order permitting FDU, under the Family Educational Rights and Privacy Act (“FERPA”), to disclose to the Settlement Administrator, the Spring 2020 Semester out-of-pocket amount for each Class Member. FDU will release that information no later than five (5) business days after July 12, 2024. On or before July 12, 2024, you as a Class Member have the option to request that the Court quash its order requiring such disclosure as to your information.
If you are a member of the Settlement Class, you have the following options:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
| YOU MAY | |
| DO NOTHING | If you do nothing, you will receive no payment under the Settlement. You will also give up your rights to sue FDU about the claims in this case. |
| SUBMIT A VALID CLAIM FORM BY OCTOBER 1, 2024 | This is the only way to receive a payment under the Settlement. Claim Forms must be postmarked or received by October 1, 2024. |
| EXCLUDE YOURSELF BY JULY 12, 2024 | If you opt out of the Settlement, you will receive no benefits, but you will retain any rights you currently have to sue FDU about the claims in this case. Any request for exclusion must be postmarked or received by July 12, 2024. |
| OBJECT BY JULY 12, 2024 | If you wish, you may write to the Court explaining why you don’t like the Settlement. Any objection must be filed and copies received by July 12, 2024. |
| GO TO THE HEARING ON AUGUST 22, 2024 | You may ask to speak in Court about your opinion of the Settlement. Your notice of appearance must be filed and copies received by July 12, 2024. |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read all of the Long Form Notice.
When and where will the Court decide whether to approve the Settlement? The Court will hold the Final Approval Hearing at 11:00 a.m. on August 22, 2024 at Superior Court of New Jersey, Law Division, Bergen County, 10 Main Street, Hackensack, New Jersey 07601. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for incentive awards to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so continue to visit this website for Settlement updates. You can also call (844) 979-7303 for updates.