What is this lawsuit about?
The lawsuit that is being settled is entitled Marlena Rosado v. Barry University, Inc. It is pending in United States District Court for the Southern District of Florida, Case No. 1:20-cv-21813-JEM. The case is a “class action.” That means that the “Class Representative,” Marlena Rosado, is an individual who is acting on behalf of all students who were enrolled for the Spring 2020 semester at Barry University, as of March 1, 2020, which number approximately 6,100 students, and who paid tuition, room and board and/or fees when Barry University transitioned to remote learning due to the COVID-19 pandemic. The Class Representative has asserted a claim for breach of contract and unjust enrichment.
Barry University denies the claims asserted and contends that its actions were proper and in accordance with the terms of its student policies, agreements and applicable law. Barry University therefore denies that its actions give rise to any claim by the Class Representative or any Settlement Class Members.
How do I know if I am part of the Settlement?
If Barry University’s records reflect that you were actively enrolled in non-online classes for the Spring 2020 semester at Barry University as of March 1, 2020, your non-online classes had already begun, and you did not withdraw for a refund from Barry University, then you are a member of the Settlement Class and are entitled to receive Tuition Credits for future classes, a cash payment, or credit for outstanding balances due to Barry University. If you took classes exclusively online during the Spring 2020 semester or otherwise withdrew for a refund, you are not a member of the Settlement Class.
What does the Settlement provide?
Barry University has agreed to create a Settlement Fund of $2,400,000. The balance of the Settlement Fund after attorneys’ fees and litigation costs, the Service Award and the Settlement Administrator’s Costs, also known as the Net Settlement Fund, will be divided among all Settlement Class Members entitled to Settlement Class Member Benefits pro rata based upon the type of fees paid, except for tuition fees. The Settlement Class Member Benefit allocated to tuition will be calculated separately for Full-Time Students and Part-Time Students, which are specifically defined in the Settlement Agreement. Members of the Settlement Class who are defined as Full-Time students will receive a larger share of the portion of the settlement fund allocated towards tuition. The Settlement Class Member Benefits allocated to various fees will be divided pro rata based upon the type of fees paid. For example, the portion of the Settlement Class Member Benefit allocated under the Settlement to Room and Board Fees will be divided, pro rata, among all students who paid Room and Board Fees and received a move-out credit from Barry University in Spring 2020. The same is true of Health Fees, Lab and Materials Fees, and Other Fees. For more details on the Settlement Class Member Benefits and how it will be calculated, please see Paragraph 9 of the Settlement Agreement.