Legislation

  • February 13, 2024

Part 4: Making a COVID-19 Tuition Suit Last

Class Action Litigation, Class Actions, Class Certifications, Legislation, Litigation, Massachusetts Decisions, US District Court - Mass
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We recently highlighted two Boston-based COVID-19 tuition refund class action suits, against Brandeis University and Boston College, and the impact of a provision in the Commonwealth’s Fiscal Year 2024 Budget that grants retroactive immunity from claims arising out of tuition or fees paid for the Spring 2020 term. In both cases, with orders issued just days apart, the U.S. District Court for the District of Massachusetts in Boston found that provision, Section 80(b), was reasonable and narrowly tailored and therefore not unconstitutional. In the Brandeis case, the ruling ended the matter entirely, whereas the case against BC will proceed as to the non-Spring 2020 semesters.

A Refresher on the Boston-Based Cases

In Part 2 of our series, we reviewed the legal backdrop of this wave of class action litigation and explored some common pitfalls in education-based claims, building off of our initial post, which focused on suits against Suffolk University and Boston University. In

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  • May 29, 2019

With Massachusetts’ Consumer Data Privacy Bill Still Under Consideration, Student Data Privacy Class Action Fails In Federal Court

Consumer Class Actions, Legislation, Privacy Class Actions, US District Court - Mass
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As we have recently reported, the Massachusetts legislature is currently considering a comprehensive data privacy law that would create a private right of action for consumers who allege a violation of any provision of the proposed law. Last week, a Massachusetts federal court dismissed a data privacy class action, concluding that the plaintiffs failed to state an actionable claim under existing law. The decision draws into sharp relief the potential impact of the proposed legislation. The case demonstrates how the data privacy bill, if enacted, could open a new avenue for individuals to sustain private actions based on alleged data privacy violations that courts have previously found do not entitle plaintiffs to relief.

The Mount Ida College Plaintiffs Alleged Data Privacy Violations but Could Not Sustain their Class Claims

In this recent and closely watched case, Squeri v. Mount Ida College, brought on behalf of a putative class of former and

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  • November 14, 2017

Consumer Financial Services Arbitration: Another Perspective

Arbitration, Class Arbitration, Consumer Class Actions, Legislation
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Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I have heard from some politicians in the media is that Congress has voted to ban class actions against banks. As is true with many political statements from both sides of the aisle, this one is only partially true. Here are a few additional (but not alternative) facts to place Congress’ action in context.

  • The CFPB rule, and not Congress’ rejection of it, would have represented a change in the law. Since the Supreme Court’s 2011 decision in AT&T Mobility v. Concepcion, class action waivers have generally been enforceable in contracts for consumer financial services. The CFPB proposed rule was based on the agency’s authority granted under the Dodd-Frank Act. However, Congress and the President had the final say regarding whether the rule would take effect, and
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