Frequently Asked Questions
About the Conley et al. v. Fordham University Settlement
General
Why did I get a Notice?
The Court has preliminarily approved a settlement in a lawsuit pending in the Supreme Court of the State of New York, County of Bronx, entitled Conley et al. v. Fordham University, Index No. 810808/2025E (the "Lawsuit").
You received a Notice because Fordham's records show that you were enrolled as a student at Fordham during the Spring 2020 semester and you remained enrolled as of March 1, 2020, and you may therefore be an eligible Class Member.
The purpose of the Notice is to inform you about the proposed Settlement and explain your rights and options.
What is the case about?
Cooper Conley and Henry Wallace ("Plaintiffs"), students of Fordham University during the Spring 2020 semester, commenced this action alleging breach of contract and quasi-contract claims stemming from Fordham's transition to remote learning and services during the Spring 2020 semester as a result of the COVID-19 pandemic.
Plaintiffs allege that Fordham breached the terms of the contract entered into with Plaintiffs and similarly situated individuals when Fordham stopped providing in-person and on-campus educational services, as well as access to certain campus services and facilities, on or about mid-March 2020. Plaintiffs sought, for themselves and Class Members, a prorated refund of tuition and fees for the respective time that Fordham switched to remote learning and services.
Fordham has defended and vigorously contested the claims in the Lawsuit, has asserted numerous defenses, and denies any and all liability and wrongdoing. The Court has not decided who is right and who is wrong.
What is a class action?
A class action is a lawsuit where one or more persons sue not only for themselves, but also for other people who have similar claims. These similarly situated people are known as Class Members. In a class action, one Court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Honorable Sophia B. Hershman, J.S.C., is presiding over this Class Action.
Why is there a settlement?
Plaintiffs and Class Counsel analyzed and evaluated the merits of the claims made against Fordham. Based upon Class Counsel's due diligence and the substantial risks of continued litigation – including the possibility that the Lawsuit, if not settled now, might not result in any recovery whatsoever, or might result in a recovery that is less favorable and that would not occur for several years – Plaintiffs and Fordham entered into this Settlement.
Fordham denies all allegations of wrongdoing and liability in this matter, and there has been no finding of liability by any Court. However, in order to support its students and to resolve the Lawsuit, but without admitting any wrongdoing, Fordham has agreed to this Settlement. Class Counsel is satisfied that the terms and conditions of this Settlement are fair, reasonable, and adequate, and that this Settlement is in the best interest of Plaintiffs and Class Members.
Who is the Settlement Administrator?
Apex Class Action, LLC is the Settlement Administrator. The Settlement Administrator is responsible for sending the Notice and Election Form, maintaining this website, receiving Election Forms, Opt-out Statements, and objections, and distributing settlement payments.
You may contact the Settlement Administrator at 1-800-355-0700 or support@apexclassaction.com.
Eligibility
Am I a Class Member?
You are a Class Member if you fit the following description:
All students enrolled in at least one class originally scheduled to take place physically in-person during the Spring 2020 Semester at Fordham who paid, or on whose behalf payment was made for, tuition and/or Mandatory Fees to Defendant for the Spring 2020 Semester, and who remained enrolled as of March 1, 2020.
If you received a Notice of this proposed Settlement, Fordham's records indicate that you may be an eligible Class Member.
Who is not eligible to receive a payment?
Class Members who enrolled for online-only classes at the beginning of the Spring 2020 semester, who paid no tuition or fees, or who left Fordham prior to March 1, 2020, are not eligible to collect any proceeds.
Benefits
What are the terms of the Settlement?
The material terms of the Settlement are as follows:
- Fordham University has agreed to confer benefits upon the Class in the amount of $2,549,490.00, from which it will create a Settlement Fund.
- Class Counsel will ask the Court to approve attorneys' fees of no more than $849,830.00, which represents one-third of the Gross Settlement Fund, plus up to $20,000.00 for expenses and reasonable litigation costs.
- Plaintiffs Cooper Conley and Henry Wallace will each receive a Service Award of $3,000.00, in addition to their allocated share, for the time and energy they expended on behalf of themselves and Class Members.
- The Settlement Administrator will petition the Court for its costs and expenses, which are expected not to exceed $50,000.00.
- The remaining Net Settlement Fund will be distributed to eligible Class Members who do not opt out.
- In exchange, Class Members who do not opt out will release the claims described in the Settlement Agreement.
How much will I get paid?
Each Class Member who does not opt out will receive a proportionate share of the Net Settlement Fund. The Settlement Administrator will prepare calculations to be approved by the Parties, and the Net Settlement Fund will be distributed as follows:
- The Net Settlement Fund will be allocated into two pools: one for undergraduate students representing 65% of the available funds, and one for graduate students representing 35% of the available funds. All Class Members will be determined to be undergraduate or graduate students for allocation purposes.
- Within their respective pools, funds will be allocated on a prorated basis. Each student will receive a share based on the net amount of tuition and fees paid for the Spring 2020 semester, divided by the total net amount of tuition and fees that all students paid to Fordham for the Spring 2020 semester.
- Any Fordham aid, grants, or other tuition and fee reductions that do not require repayment, as well as any unpaid balances, will not be counted as tuition and fees paid.
Your Estimated Settlement Award, and the net amount of tuition and fees paid by you or on your behalf as reflected in Fordham's records, are printed on the Notice you received.
What do I need to do to receive a settlement payment?
Nothing. You do not need to do anything to participate in the Settlement. If you do not respond, the Settlement Administrator will mail you a check after the Court approves the Settlement.
To receive your payment electronically by PayPal or Venmo, complete the Election Form by December 14, 2026. The Election Form must be personally filled out by the Class Member or someone with a legal right to act on their behalf, and must be properly completed, signed, and either submitted online through the Electronic Payment page or returned to the Settlement Administrator by mail, by email to support@apexclassaction.com, or by fax to (949) 989-4428, by December 14, 2026 (the "Notice Response Deadline"). Mailed forms must be postmarked by that date. If you do not properly complete and timely submit the Election Form, it may delay you receiving your proceeds.
When can I expect to receive my settlement payment?
Payments will be issued only after the Court grants final approval of the Settlement. If you timely submitted an Election Form, the Settlement Administrator will make your payment in the manner you prefer. Otherwise, you will receive a check sent to your last known mailing address.
You must keep a current address on file with the Settlement Administrator and Class Counsel, along with a valid phone number and email address for updates.
Who brought this Lawsuit and are they being compensated?
This Lawsuit was brought by Plaintiffs Cooper Conley and Henry Wallace. Plaintiffs Conley and Wallace took a lead role in this litigation and assisted in its resolution. In addition to their allocated share of the Settlement, they will receive $3,000.00 each for their efforts, to reflect the time and energy expended on behalf of themselves and Class Members in reaching this Settlement.
Options
What am I giving up by staying in the Settlement?
If the Settlement is approved, the Lawsuit will be dismissed with prejudice and Class Members who do not opt out will fully release and discharge Fordham. This means that you cannot sue, continue to sue, or be part of any other lawsuit against Fordham regarding the claims brought in this case, or which could have been brought in this case. It also means that all of the Court's orders will apply to you and legally bind you.
The specific claims you are giving up against Fordham are described in Sections 1.26, 1.27, 1.28, and 3.7 of the Settlement Agreement, which is available on the Court Documents page. If you have a pending lawsuit, speak to your lawyer in that case immediately to see if the Settlement will affect your other case.
How do I exclude myself from the Settlement?
If you do not want to be part of the Settlement, you must submit a written, signed statement that states you are opting out of the Settlement (an "Opt-out Statement") and mail it by First Class United States Mail, postage prepaid, to the Settlement Administrator at:
Conley et al. v. Fordham University
c/o Apex Class Action, LLC
PO Box 54668
Irvine, CA 92619
To be valid, the Opt-out Statement must include your name, address, and telephone number, and a statement indicating your intention to opt out. To be effective, it must be signed by you and postmarked by the United States Postal Service on or before December 14, 2026.
If I exclude myself, can I get money from the Settlement?
No. If you exclude yourself, you will not receive any payment from the Settlement Fund, and you will not be allowed to object to the Settlement.
How do I object to the Settlement?
If you have not opted out and you wish to present your objection to the Court, you must state your intention to do so in a written statement. Your statement should be as detailed as possible; otherwise, the Court may not allow you to present reasons for your objection that you did not describe in writing. The statement must include:
- your name, address, and telephone number;
- an explanation of the basis upon which you claim to be a Class Member;
- all grounds for the objection, including all citations to legal authority and evidence supporting the objection;
- the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection;
- a statement indicating whether you intend to appear at the Final Approval Hearing, either personally or through counsel who files an appearance with the Court;
- copies of any papers, briefs, declarations, affidavits, or other documents upon which the objection is based;
- a detailed list of any other objections submitted by you or your counsel to any class actions in any state or federal court in the United States in the previous five years (or a statement that no such prior objection has been made); and
- your signature, in addition to the signature of your attorney (if any) – an attorney's signature alone is not sufficient.
Failure to include any of this information or documentation will be grounds for overruling and/or striking the objection. Your objection must be mailed to the Settlement Administrator, postmarked by December 14, 2026, at:
Conley et al. v. Fordham University
c/o Apex Class Action, LLC
PO Box 54668
Irvine, CA 92619
The Settlement Administrator will share your objection with Class Counsel and Defendant's Counsel, file it with the Court, and may request an opportunity to speak with you before any conference or hearing with the Court. You may not object if you opt out of the Settlement.
What's the difference between objecting and excluding?
Objecting is simply telling the Court that you don't like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Settlement ("opting out") is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
When and where is the Final Approval Hearing?
The Court has granted preliminary approval of the Settlement and will hold a Final Approval Hearing on January 13, 2027, at 2:15 p.m., at 851 Grand Concourse, Bronx, NY 10451, to consider whether the terms of the Settlement are fair, reasonable, and adequate. If there are objections, the Court will consider them, and the Judge will decide whether to listen to any issues that are properly raised.
If you wish to raise a valid concern, you should alert the attorneys first; they can appear at the Final Approval Hearing if your issue is not resolved to your satisfaction. You do not need to attend the hearing. If you send an objection, you may attend at your own expense or pay your own lawyer to attend, but you may not be permitted to speak unless you timely object in writing and notify the Court of your intention to appear.
Do I have a lawyer in this case?
Yes. Michael A. Tompkins and Anthony M. Alesandro of Leeds Brown Law, P.C., and Nicholas A. Colella of Lynch Carpenter, LLP, have been designated as legal counsel to represent you and other Class Members. These lawyers are called Class Counsel.
You will not be charged separately for these lawyers, and you will not be charged for calling, emailing, or speaking confidentially to Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense. See the Contact page for Class Counsel's contact information.
How will the lawyers be paid?
Class Counsel will ask the Court to approve payment of no more than $849,830.00, which represents one-third of the Gross Settlement Fund, for fees, plus reasonable costs and disbursements incurred in connection with this Action. The fees would pay Class Counsel for all work they have performed in this action, including filing briefs, investigating the facts, attending court conferences, participating in settlement discussions, and negotiating and overseeing the Settlement. Class Counsel may also seek up to $20,000.00 to reimburse expenses and reasonable litigation costs.
Need Additional Help?
If you have questions that are not answered here, please contact the Settlement Administrator.
Phone: 1-800-355-0700
Email: support@apexclassaction.com
Mail:
Conley et al. v. Fordham University
c/o Apex Class Action, LLC
PO Box 54668
Irvine, CA 92619