1.  This is a class action lawsuit on behalf of all people who paid tuition and fees for  the Spring 2020 academic semester at NYU, and who, because of Defendant’s response to the  Novel Coronavirus Disease 2019 (“COVID-19”) pandemic, lost the benefit of the education for  which they paid, and/or the services or which their fees were paid, without having their tuition  and fees refunded to them.     14.  Plaintiff and Class members are individuals who paid the cost of tuition and other  mandatory fees for the Spring 2020 semester at Quinnipiac.   15.  Courses for the Spring 2020 semester began on or about January 21, 2020 and  final examinations are scheduled to end on or about May 9, 2020.   16.  Plaintiff and Class members paid the cost of tuition for the Spring 2020 semester.   They also paid other mandatory fees associated with the Spring 2020 semester, including a  technology fee and a student fee.   17.  Tuition at Quinnipiac for the Spring 2020 semester is approximately $24,000.   Room and board and other mandatory fees approximate $16,940.    19.  On March 10, 2020, Quinnipiac announced via letter from University President  Judy Olian that because of the global COVID-19 pandemic, all in-person classes would be  suspended effective immediately.  The announcement informed students that all classes would  instead be held remotely through online formats.     2.  Quinnipiac is a private university, with an enrollment of approximately 10,000  students.  The university offers 58 undergraduate majors, 20 graduate programs, and a Juris  Doctor program.  Quinnipiac also operates an online program offering undergraduate, graduate,  doctoral degrees, as well as various certificate programs.   20.  Since March 6, 2020, Quinnipiac has not held any in-person classes.  Classes that  have continued have only been offered in an online format, with no in-person instruction.  Even  classes for students with concentrations in areas where in-person instruction is especially crucial  (such as music, accounting, theatre, and the sciences) have only had access to minimum online  education options.    21.  As a result of the closure of Defendant’s facilities, Defendant has not delivered  the educational services, facilities, access and/or opportunities that Plaintiff and the putative class  contracted and paid for.  Plaintiff and the putative class are therefore entitled to a refund of all  tuition and fees for services, facilities, access and/or opportunities that Defendant has not  provided.  Even if Quinnipiac claims it did not have a choice in cancelling in-person classes, it  nevertheless has improperly retained funds for services it is not providing.    22.  The online learning options being offered to Quinnipiac students are subpar in  practically every aspect, from the lack of facilities, materials, and minimal access to faculty.   Students have been deprived of the opportunity for collaborative learning and in-person  dialogue, feedback, and critique.    24.  Quinnipiac students paid a higher price for an in-person education than they  would have paid for an online education.  This is illustrated clearly by the vast price difference in  Quinnipiac’s in-person, on-campus programs versus Quinnipiac’s own online learning programs.   For example, the tuition for the Spring 2020 semester for an in-person undergraduate degree is  approximately $24,000.  A full 16-credit course load therefore amounts to $1,500 per credit.     25.  However, Quinnipiac also offers an online Bachelor of Science in Health Science  Studies which costs $575 per credit, and an online Bachelor of Science in Nursing which costs  $570 per credit.  Thus, the cost per credit for an in-person undergraduate education at Quinnipiac  is nearly triple the cost of an online education at the same university.   26.  Through this lawsuit Plaintiff seeks, for herself and Class members, Defendant’s  disgorgement of the pro-rated portion of tuition and fees, proportionate to the amount of time  that remained in the Spring 2020 semester when classes moved online, students were forced to  vacate campus, and campus services ceased being provided.  Plaintiff seeks return of these  amounts on behalf of herself and the Class as defined below.  28.  Plaintiff also seeks to represent a subclass consisting of Class members who  reside in New Jersey (the “Subclass”).    29.  Subject to additional information obtained through further investigation and  discovery, the foregoing definition of the Class and Subclass may be expanded or narrowed by  amendment or amended complaint.   30.  Numerosity.  The members of the Class and Subclass are geographically  dispersed throughout the United States and are so numerous that individual joinder is  impracticable.  Upon information and belief, Plaintiff reasonably estimates that there are tens of  thousands of members in the Class and Subclass.  Although the precise number of Class  members is unknown to Plaintiff, the true number of Class members is known by Defendant and  may be determined through discovery.  Class members may be notified of the pendency of this  action by mail and/or publication through the distribution records of Defendant and third-party  retailers and vendors.      32.  Typicality.  Plaintiff’s claims are typical of the claims of the other members of  the Class in that, among other things, all Class and Subclass members were similarly situated and  were comparably injured through Defendant’s wrongful conduct as set forth herein.  Further,  there are no defenses available to Defendants that are unique to Plaintiff.    33.  Adequacy of Representation.  Plaintiff will fairly and adequately protect the  interests of the Class and Subclass.  Plaintiff has retained counsel that is highly experienced in  complex consumer class action litigation, and Plaintiff intends to vigorously prosecute this action  on behalf of the Class and Subclass.  Furthermore, Plaintiff has no interests that are antagonistic  to those of the Class or Subclass.   35.  In the alternative, the Class and Subclass may also be certified because:  (a)   the prosecution of separate actions by individual Class and Subclass members  would create a risk of inconsistent or varying adjudications with respect to individual Class  members that would establish incompatible standards of conduct for the Defendant;  (b)   the prosecution of separate actions by individual Class and Subclass members  would create a risk of adjudications with respect to them that would, as a practical matter, be  dispositive of the interests of other Class members not parties to the adjudications, or  substantially impair or impede their ability to protect their interests; and/or  (c)   Defendant has acted or refused to act on grounds generally applicable to the Class  as a whole, thereby making appropriate final declaratory and/or injunctive relief with respect to  the members of the Class as a whole.  36.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   37.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendants.   39.  As part of the contract, and in exchange for the aforementioned consideration,  Defendant promised to provide certain services, all as set forth above.  Plaintiff, Class, and  Subclass members fulfilled their end of the bargain when they paid monies due for the Spring  2020 semester.  Tuition for the Spring 2020 semester was intended to cover in-person  educational services from January through May 2020.  In exchange for tuition monies paid, Class  and Subclass members were entitled to in-person educational services through the end of the  Spring semester.   4.  Since March 6, 2020, Quinnipiac has not held any in-person classes.  Classes that  have continued have only been offered in an online format, with no in-person instruction.    40.  Defendant has failed to provide the contracted for services and has otherwise not  performed under the contract as set forth above.  Defendant has retained monies paid by Plaintiff  and the Class for their Spring 2020 semester tuition and fees, without providing them the benefit  of their bargain.   41.  Plaintiff and members of the Class and Subclass have suffered damage as a direct  and proximate result of Defendant’s breach, including but not limited to being deprived of the  education, experience, and services to which they were promised and for which they have  already paid.    42.  As a direct and proximate result of Defendant’s breach, Plaintiff, the Class, and  Subclass are entitled to damages, to be decided by the trier of fact in this action, to include but  not be limited to reimbursement of certain tuition, fees, and other expenses that were collected  by Defendant for services that Defendant has failed to deliver.  Defendant should return the pro- rated portion of any Spring 2020 tuition and fees for education services not provided as  Quinnipiac has not held in-person classes since March 6, 2020.    44.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   45.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendant.   46.  Plaintiff and members of the Class and Subclass conferred a benefit on Defendant  in the form of monies paid for Spring 2020 tuition and other fees in exchange for certain service  and promises.  Tuition for the Spring 2020 semester was intended to cover in-person educational  services from January through May 2020.  In exchange for tuition monies paid, Class members  were entitled to in-person educational services through the end of the Spring semester.   47.  Defendant voluntarily accepted and retained this benefit by accepting payment.   48.  Defendant has retained this benefit, even though Defendant has failed to provide  the education, experience, and services for which the tuition and fees were collected, making  Defendant’s retention unjust under the circumstances.  Accordingly, Defendant should return the  pro-rated portion of any Spring 2020 tuition and fees for education services not provided since  Quinnipiac has not held in-person classes since March 6, 2020.   5.  On March 15, 2020, Ms. Olian also informed students that all university housing  was to close for the remainder of the semester, and that all students were required to vacate by 9  p.m. on Wednesday, March 18.   50.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   51.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendant.   52.  Plaintiff and members of the Class and Subclass have an ownership right to the  in-person educational services they were supposed to be provided in exchange for their Spring  2020 tuition and fee payments to Defendant.     53.  Defendant intentionally interfered with the rights of Plaintiff, the Class, and  Subclass when it moved all classes to an online format and discontinued in-person educational  services for which tuition and fees were intended to pay.   54.  Plaintiff and members of the Class and Subclass demand the return of the pro- rated portion of any Spring 2020 tuition and fees for education services not provided since  Quinnipiac has not held in-person classes since March 6, 2020.   55.  Defendant’s retention of the fees paid by Plaintiff and members of the Class and  Subclass without providing the educational services for which they paid, deprived Plaintiff, Class  and Subclass members of the benefits for which the tuition and fees paid.   56.  This interference with the services for which Plaintiff and members of the Class  and Subclass paid damaged Plaintiff and Class members in that they paid tuition and fees for  services that will not be provided.   6.  As a result of the closure of Defendant’s facilities, Defendant has not delivered  the educational services, facilities, access and/or opportunities that Mr. Hotter and the putative  class contracted and paid for.  The online learning options being offered to Quinnipiac students  are subpar in practically every aspect, from the lack of facilities, materials, and access to faculty.   Students have been deprived of the opportunity for collaborative learning and in-person  dialogue, feedback, and critique.  The remote learning options are in no way the equivalent of the  in-person education that Plaintiff and the putative class members contracted and paid for.   7.  Plaintiff and the putative class are therefore entitled to a refund of tuition and fees  for in-person educational services, facilities, access and/or opportunities that Defendant has not  provided.  Even if Quinnipiac claims it did not have a choice in cancelling in-person classes, it  nevertheless has improperly retained funds for services it is not providing.   Breach Of Contract  (On Behalf Of The Class And Subclass)   Conversion  (On Behalf Of The Class And Subclass)   Plaintiff And Class Members Paid Tuition And Fees For Winter and Spring 2020 Terms   Unjust Enrichment  (On Behalf Of The Class And Subclass)  