1.  This is a class action lawsuit on behalf of all people who paid tuition and fees for  the Spring 2020 academic semester at FDU, 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 for which their fees 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 FDU.   15.  Spring Semester 2020 classes at FDU began on or about January 21, 2020.   Classes and final exams for the semester are scheduled for end on or around May 13, 2020.   16.  Plaintiff and Class members paid the cost of tuition for the Spring Semester 2020.   They also paid other mandatory fees associated with the Spring Semester 2020, including but not  limited to a Technology Fee and a University Wellness Fee.   17.  Undergraduate tuition for the Spring 2020 semester at FDU is approximately  $21,827.  Mandatory undergraduate fees include a $924 yearly Technology Fee and a $140  yearly University Wellness Fee.    19.  FDU also charges mandatory graduate fees such as Technology Fee and  University Wellness Fee, as well as other fees that vary depending on the program and year.     2.  FDU is one of New Jersey’s largest private universities with an enrollment of  over 11,000 students.  FDU has four campuses: two in New Jersey (Madison/Florham Park and  Teaneck/Hackensack), one in Vancouver, British Columbia, and one in South East England, as  well as an online platform.  FDU offers over 100 different degree programs to its students.   20.  The tuition and fees described in the paragraph above is provided by way of  example; total damage amounts – which may include other fees that are not listed herein but that  were not refunded – will be proven at trial.    In Response To COVID-19, FDU Closed Campuses And Cancelled All In-Person Classes   21.  On March 10, 2020, FDU announced that because of the global COVID-19  classes would be held only in online format as of March 16, 2020, the first day back from Spring  Break.  On March 20, 2020, FDU announced that all classes would continue in online format  through the end of the Spring 2020 semester.   22.  Since March 6, 2020, FDU 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, theatre, nursing, and the sciences) have only had access to minimum online  education options.    23.  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 Defendant did not have a choice in cancelling in-person classes, it  nevertheless has improperly retained funds for services it is not providing.    25.  Defendant markets the FDU on-campus experience as a benefit of enrollment on  FDU’s website:   26.   27.  The online learning options being offered to FDU students are subpar in  practically every aspect and a shadow of what they once were, 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.    29.  Indeed, FDU offers an “AA Liberal Arts” online degree.  FDU’s own website  confirms that “[t]uition for the AA program is 50 percent less than standard FDU tuition.”   30.  Through this lawsuit Plaintiff seeks, for himself 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 Semester 2020 when classes moved online and campus services  ceased being provided.  Plaintiff seeks return of these amounts on behalf of himself and the Class  as defined below.  31.  Plaintiff seeks to represent a class defined as all people who paid FDU Spring  Semester 2020 tuition and/or fees for in-person educational services that FDU failed to provide,  and whose tuition and fees have not been refunded (the “Class”).  Specifically excluded from the  Class are Defendant, Defendant’s officers, directors, agents, trustees, parents, children,  corporations, trusts, representatives, employees, principals, servants, partners, joint ventures, or  entities controlled by Defendant, and their heirs, successors, assigns, or other persons or entities  related to or affiliated with Defendant and/or Defendant’s officers and/or directors, the judge  assigned to this action, and any member of the judge’s immediate family.    33.  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.   34.  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.      36.  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.    37.  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.   39.  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.  4.  Thus, FDU has not held any in-person classes since March 6, 2020.  Classes that  have continued have only been offered in an online format, with no in-person instruction.   40.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   41.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendants.   43.  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 Spring  Semester 2020 tuition.  Tuition for Spring Semester 2020 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.   44.  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 Semester 2020 tuition and fees, without providing them the benefit  of their bargain.   45.  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.    46.  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 no  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 Semester 2020 tuition and fees for education services not provided  since FDU has not held in-person classes since March 6, 2020.    48.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   49.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendant.   5.  As a result of the closure of Defendant’s facilities, Defendant has not delivered  the educational services, facilities, access and/or opportunities that Mr. Doval and the putative  class contracted and paid for.  The online learning options being offered to FDU 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.   50.  Plaintiff and members of the Class and Subclass conferred a benefit on Defendant  in the form of monies paid for Spring Semester 2020 tuition and other fees in exchange for  certain service and promises.  Tuition for Spring Semester 2020 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.   51.  Defendant voluntarily accepted and retained this benefit by accepting payment.   52.  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 Semester 2020 tuition and fees for education services not  provided since FDU has not held in-person classes since March 6, 2020.   54.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   55.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendant.   56.  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  Semester 2020 tuition and fee payments to Defendant.     57.  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.   58.  Plaintiff and members of the Class and Subclass demand the return of the pro- rated portion of any Spring Semester 2020 tuition and fees for education services not provided  since FDU shut down on March 11, 2020.   59.  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.   6.  Nonetheless, FDU has not refunded any tuition or fees for the Spring 2020  Semester.   60.  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.   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 Defendant 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 Spring Semester 2020   Unjust Enrichment  (On Behalf Of The Class And Subclass)  