FAQs
Question: What is a class action suit and why did you use it here?
Answer: A class action suit is a special type of legal proceeding used when large groups of people have been harmed in the same way by the same person, people or company. The idea is that a few of those people (called “class representatives”) can bring a suit on behalf of all of the other people harmed in the same way so that every single person doesn’t have to go through the process. It’s more efficient and economical for all parties involved – the victims, the defendants, the court and the lawyers. All of the people who were hurt by the defendants are part of the class and are known as “class members.” If there is ultimately a settlement or an award, then all the class members share that, usually in proportion to the amount that they were harmed.
Question: Who filed this class action suit?
Answer: This class action was brought by Michael Mensch, Jessica Rosales, Tyrone Bailey and Courtland Walker, who are represented by the law firm of James, Hoyer, Newcomer, Smiljanich & Yanchunis, P.A., in Tampa, Florida. Here’s a little more about each class representative:
Michael is a 20-year-old single father from Wind Gap, Pennsylvania. Michael wanted to make a better life for himself and his son, so he started the Game Art and Design program at Westwood Online. After two-and-a-half terms, Michael learned he already owed over $15,000 so he had no choice to drop out to stop the rising costs. Michael’s loans were put in the wrong name, saddling his father with over $12,000 of debt for Michael’s education.
Jessica is a newlywed working towards starting a new life with her husband, but is trapped by her debt from Westwood. Jessica completed one and a half terms at the Inland Empire Campus of Westwood College, but has been charged for three complete terms. She started to realize there was a problem when she kept being required to buy very expensive books that she never used, but that the she couldn’t sell back anywhere. She decided to leave the school when the rising costs became too overwhelming.
Courtland is a 22-year-old man working in Houston, Texas, for a wholesale store. Courtland attended Westwood Online for three terms, when he realized the school was costing much more money than the school had told him. When Courtland tried to drop out, a financial aid representative asked him to falsify his attendance records so the school could collect his federal financial aid.
Tyrone is a husband and father to a precious little girl. Tyrone completed his studies at the Long Beach Campus of Westwood College, earning a Bachelor’s in Criminal Justice at a cost over $60,000. Tyrone’s degree was not recognized as a valid college degree by any of the law enforcement agencies where he applied. Since graduating, Tyrone has been working as a waste management collector in California.
Question: What does the suit allege?
Answer: There are two main parts to this suit. The first is for “deceptive and unfair trade practices” which is the legal way of saying “they lied to and misled students.” The main issues we address are failure to properly disclose costs, misrepresentation of accreditation status, misrepresentation of transferability of credits, misrepresentation of job placement opportunities, and misrepresentation of sales people as admissions representatives. The second part is about a specific program at Westwood College called “the Apex loan program.” This is a loan that is created by the school if there is a balance between the traditional federal and private student loans and the cost of the college. Any amount remaining unpaid at the end of school is loaned to the student so the student account is zeroed out. The balance is moved to an Apex loan that carries an 18% interest rate for the life of the loan.
Question: How do I know if I am included in the class?
Answer: Because there are two main allegations in the suit (see above), there are two classes identified in the suit. The first class is much larger, and we’ve identified it as, “All persons who have signed enrollment contracts with an Alta Colleges, Inc. school and whose last date of enrollment was on or after May 14, 2005, which is four years prior to the date of filing.” The second class is a much more detailed legal description, but the summary is that it will include anyone who is (1) in the main class, and (2) has or had an Apex loan through Westwood College.
Question: Do I need to email the lawyers to be included in the class?
Answer: No. Hundreds of students have contacted us to tell their stories and to add their information to our database, but it’s not a requirement. If a class is certified, then anyone who falls in that class will be notified and will have the opportunity to “opt-in” or “opt-out” of the class.
Question: What do I need to do now?
Answer: That’s up to you! If you want to sit back and watch how things unfold, that’s ok. If you want to get involved, be active and start fighting the school, that’s great too! Read this whole site for different ideas and suggestions for fighting back, or come up with new ways on your own. If you need help with anything, don’t hesitate to contact us!
