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Private Schools Settle over Claims They Fixed Financial Aid Awards
Written By: Omar Reyes
January 09, 2025
Case name: College Financial Aid Antitrust Litigation (Henry, et al. v. Brown University, et al.)
Case No.: 1:22-cv-00125, Northern District of Illinois
Settlement fund: $284 million
 
Class description: all U.S. citizens or permanent residents who have during the Class Period (a) enrolled in one or more of Defendants’ full-time undergraduate programs, (b) received at least some need-based financial aid from one or more Defendants, and (c) whose tuition, fees, room, or board to attend one or more of Defendants’ full-time undergraduate programs was not fully covered by the combination of any types of financial aid or merit aid (not including loans) in any undergraduate year.
 
Class period: Various, see below
 
Defendants: Brown University, California Institute of Technology, University of Chicago, Columbia  University, Cornell University, Dartmouth College, Duke University, Emory University, Georgetown University, Johns Hopkins University, Massachusetts Institute of Technology, Northwestern University, University of Notre Dame, University of Pennsylvania, William Marsh Rice University, Vanderbilt University, and Yale University
 
This is one of those cases where we could never imagine a well-intentioned policy being abused. And yet somehow private universities and colleges are accused of conspiring in violation of the federal antitrust laws regarding principles, formulas, and methods of determining financial aid. Dubbed the 568 Cartel, the following defendants (who deny each one of plaintiffs’ allegations) have settled for the following amounts:
 
  • University of Chicago: $13.5 million
  • Emory: $18.5 million
  • Yale: $18.5 million
  • Brown: $19.5 million
  • Columbia: $24 million
  • Duke: $24 million
  • Dartmouth: $33.75 million
  • Rice: $33.75 million
  • Northwestern: $43.5 million
  • Vanderbilt: $55 million

Seven defendants have not yet settled.

Plaintiffs allege that Defendants conspired to fix or otherwise limit the amount of financial aid students received and thus artificially inflated the net prices that class members paid to attend the universities during certain time periods (see below). Plaintiffs allege that defendants conspired through an organization called the 568 Presidents Group, of which all of the Defendants were members during some or all of the time period. Plaintiffs argue that if they had not participated in this alleged conspiracy, the university defendants would have competed with each other to award more financial aid.

The settlement dates vary: 

  • For Chicago, Columbia, Cornell, Duke, Georgetown, MIT, Northwestern, Notre, Rice, Vanderbilt, Yale – from Fall Term 2003 through February 28, 2024
  • For Brown, Dartmouth Emory – from Fall Term 2004 through February 28, 2024
  • For Caltech, from Fall Term 2019 through February 28, 2024
  • For Johns Hopkins, from Fall Term 2021 through February 28, 2024

Assuming that about half of the estimated 200,000 Class members submit a claim, and that the Court awards the attorneys’ fees and costs as requested, the average class member could receive a payment of almost $2,000. 

One impoertant point: The deadline for this case was December 17, 2024. Only last week, if you went to the claims administrator's web page for filing a claim, it said, "All late submitted claims will be subject to the parties’ and the Court’s review." Now, it says simply: "The deadline to submit a Claim has passed."

But don't let that discourage you! If you are still interested in submitting a claim, CCC has been in the business long enough to know that, quite often, courts do indeed approve late claims.  Please reach out to Omar at oreyes@chicagoclearing.com if you have questions regarding the case. He will be happy to discuss this case further or even try to contact the administrator on your behalf. You may also contact the administrator through the settlement website, linked here: https://financialaidantitrustsettlement.com/contact-us.

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