Judge Clears Way for Lawsuit Over FIU Fees

2 years ago 288

TALLAHASSEE (CBSMiami/NSF) – A Miami-Dade County circuit justice has refused to disregard a suit against Florida International University that seeks refunds of fees collected from students erstwhile the school’s field was unopen down successful 2020 due to the fact that of the coronavirus pandemic.

Judge William Thomas, successful a 23-page bid Thursday, besides certified the suit arsenic a people action.

He wrote that students suing the assemblage “adequately plead the beingness of an explicit declaration betwixt themselves and FIU,” successful portion by producing impervious that they paid fees associated with services that weren’t provided by the school.

The students argued that the assemblage breached contracts erstwhile it did not present the services.

The lawsuit, filed successful April connected behalf of students who attended FIU during the spring, summertime and autumn of 2020 alleged that the students paid fees similar an “athletic fee,” a “health fee” and a “transportation entree fee.”

“Despite substantially reducing oregon eliminating the services and entree to facilities funded by the fees during these semesters, FIU continued to complaint students each interest and has not reimbursed students for the information of their outpouring 2020 fees that are attributable to the clip erstwhile the campuses were closed, nor for the amounts that students paid during the remaining semesters successful 2020,” Thomas wrote successful the order.

Thomas besides said successful the bid that if students did not wage fees, “they could beryllium taxable to penalties specified arsenic world suspension, withholding of pupil records and transcripts, and further fees if sent to collections.”

Adam Moskowitz, an lawyer representing the students, said successful a connection Monday that the suit aims to retrieve much than $10 cardinal collected from FIU students. Moskowitz besides pointed to 12 different class-action lawsuits filed successful Florida due to the fact that of schools refusing to reimburse fees.

In October, an Alachua County circuit justice refused to disregard a suit that contended the University of Florida should refund fees to students who were forced to larn remotely during 2020.

Attorneys representing UF appealed the determination successful November to the 1st District Court of Appeal, arguing that the assemblage should beryllium shielded from the suit by “sovereign immunity,” which helps support authorities agencies successful ineligible disputes.

Florida International University utilized a akin statement successful its effort to get the Miami-Dade suit dismissed.

Moskowitz successful his connection Monday urged the authorities assemblage system’s Board of Governors to contented refunds to each assemblage students who paid fees during the 2020 world year, alternatively than combat the lawsuit.

“Hopefully, the volunteers connected our State Board of Governors volition present travel galore different states and simply refund students each of these stolen charges, alternatively of spending hundreds of thousands of dollars connected defence instrumentality firms,” Moskowitz said.

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