A Court authorized the notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

The Honorable Cathy Seibel, of the U.S. District Court for the Southern District of New York, is overseeing this case. The case is called D’Amario v. The University of Tampa, Case No. 7:20-cv-03744-CS.  The people who sued are called the Plaintiffs.  The Defendant is The University of Tampa.
 

In a class action, one or more people called class representatives (in this case, Jade D’Amario and Joshua Dunn) sue on behalf of a group or a “class” of people who have similar claims.  In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.

This lawsuit claims that Defendant breached its contract with its students to provide physically in-person, on-campus educational services for the Spring 2020 Semester by transitioning to remote learning and services in March 2020 without issuing partial tuition and fee refunds. The Defendant denies it violated any law or legally enforceable commitment or promise.  The Court has not determined who is right.  Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a Settlement.  That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All students and former students who paid, or on whose behalf payment was made, tuition and fees to Defendant for the Spring 2020 Semester, who remained enrolled as of March 1, 2020, and whose tuition and fees have not been refunded.

Monetary Relief:  A Settlement Fund has been created totaling $3,400,000.00. Class Member payments, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (see FAQ 12). 

A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible on the Important Documents Page.
 

The amount of this payment will depend on how many requests for exclusion were submitted.  Each Class Member who did not opt out of participating in the settlement will receive a proportionate share of the Settlement Fund, which will be based on the total out-of-pocket amount of tuition and fees (excluding room and board) paid by or for the Class Member for the Spring 2020 Semester.  You can contact Class Counsel at (646) 837-7150 to inquire as to the number of requests for exclusion that have been received to date.   

The hearing to consider the fairness of the settlement is scheduled for October 18, 2022. If the Court approves the settlement, eligible Class Members will receive their payment 28 days after the Settlement has been finally approved and/or after any appeals process is complete.  The payment will be made in the form of a check, unless elected otherwise, and all checks will expire and become void 90 days after they are issued.

If you are a Class Member and you want to get a payment, do nothing and you will automatically receive a pro rata share of the Settlement Fund, which will be based on the total out-of-pocket amount of tuition and fees (excluding room and board) paid for the Spring 2020 Semester.  Your payment will come by check to the residential address on file with UT. If you have changed addresses or are planning to change addresses prior to November 15, 2022, please use the Change of Address Form page.

You may instead have opted to receive your payment by Venmo or PayPal, applied your payment to future credits at UT to be used no later than the start of the Fall 2023 semester (on August 28, 2023) or directed your payment as a gift to UT for deposit into a scholarship fund administered by UT for the benefit of its students by filling out an Election Form on this Website on or before August 30, 2022. The deadline to file an Election Form has passed.

If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement.  The specific claims you are giving up against the Defendant are described in the Settlement Agreement.  You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.26 of the Settlement Agreement.  Unless you excluded yourself (see FAQ 13), you are “releasing” the claims, regardless of whether you submitted an election or not.  The Settlement Agreement is available on the Important Documents page.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully.  If you have any questions you can talk to the lawyers listed in FAQ 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
 

The Court has appointed Philip L. Fraietta and Alec M. Leslie of Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class.  They are called “Class Counsel.”  They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer in this case, you may hire one at your expense.

The Defendant has agreed that Class Counsel’s attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount.  Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund. 

Subject to approval by the Court, Defendant has agreed that the Class Representatives may request to receive a service award of $10,000 each from the Settlement Fund for their services in helping to bring and resolve this case.
 

If you had wanted to exclude yourself from the Settlement, you must submitted a request for exclusion on the Settlement Website or via letter postmarked on or before August 30, 2022.
 

No. Unless you excluded yourself, you gave up any right to sue the Defendant for the claims being resolved by this Settlement. 

No. If you excluded yourself, you will not receive any payment from the Settlement Fund.

None.  UT has provided to Class Counsel a list of the Class Members and their contact information.  Also, the Court has issued an order permitting UT, under the Family Educational Rights and Privacy Act (“FERPA”), to disclose to the settlement administrator and Class Counsel, the Spring 2020 Semester out-of-pocket amount for each Class Member.  UT will release that information no later than five (5) days after August 30, 2022.  On or before August 30, 2022, you as a Class Member had the option to request that the Court quash its order requiring such disclosure as to your information.

If you are a Class Member, and you did not elect to exclude yourself from the Settlement by opting out, you could have objected to the Settlement if you didn’t like any part of it. If you had wanted to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer, you must have said so in your letter or brief. If you had wanted to object, you must have filed a letter with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, postmarked no later than August 30, 2022.

Class Counsel filed with the Court and posted on this website its request for attorneys’ fees by August 16, 2022.

Objecting simply means telling the Court that you don’t like something about the Settlement. You could have objected only if you stayed in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you excluded yourself, you had no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 3:30pm EST on October 18, 2022 at United States District Court for the Southern District of New York, 300 Quarropas Street, White Plains, NY 10601.  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 the 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 it is a good idea to check for updates by visiting the Home Page or calling (888) 681-2292.  If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.  
 

No.  Class Counsel will answer any questions the Court may have.  But, you are welcome to come at your own expense.  If you send an objection or comment, you don’t have to come to Court to talk about it.  As long as you filed and mailed your written objection on time, the Court will consider it.  You may also pay another lawyer to attend, but it’s not required.

Yes. You may have asked the Court for permission to speak at the Fairness Hearing. To have done so, you must have included in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in D’Amario v. The University of Tampa, Case No. 7:20-cv-03744-CS.” Your objection and notice of intent to appear must have been filed with the Court, sent to Class Counsel and Defendant’s Counsel, and postmarked no later than August 30, 2022.  

The Notice summarizes the Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement on the Important Documents page.  You may also write with questions to UT Settlement, c/o JND Legal Administration, P.O. Box 91244, Seattle, WA 98111.  You can call the Settlement Administrator at (888) 681-2292 or Class Counsel at (646) 837-7150, if you have any questions.  Before doing so, however, please read the full Notice carefully.