UPennCovidRefundSettlement.com
1-877-388-1717

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.


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 December 19, 2022
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 December 19, 2022

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.