Huth v. Am. Inst. for Foreign Study, Inc.

Huth v. Am. Inst. for Foreign Study, Inc.

Opinion

RULING ON DEFENDANT'S MOTION TO DISMISS (DOC. NO. 20)

I. INTRODUCTION

Plaintiff Alyson Huth brings this action on behalf of herself and a putative class against defendant American Institute for Foreign Study, Inc. ("the American Institute"). She alleges three counts against the American Institute related to its decision to not issue a pro rata refund after it cancelled in-person, study abroad classes and transitioned to a remote, online format in March 2020 due to the COVID-19 pandemic. See generally Compl. (Doc. No. 1).

The American Institute has moved to dismiss her Complaint in its entirety. [*2]  See Def.'s Mot. to Dismiss Pl.'s Compl. in its Entirety (Doc. No. 20); Def.'s Mem. of Law in Supp. of its Mot. to Dismiss Pl.'s Compl. in its Entirety ("Def.'s Mem.") (Doc. No. 21); Def.'s Reply in Further Supp. of its Mot. to Dismiss Pl.'s Compl. in its Entirety ("Def.'s Reply") (Doc. No. 32).¹ Huth opposes this Motion. See Pl.'s Mem. of Law in Opp'n [to] Def.'s Mot. to Dismiss Pl.'s Class Action Compl. ("Pl.'s Mem.") (Doc. No. 25).

For the reasons discussed below, the Motion to Dismiss is granted.

II. ALLEGED FACTS

In July 2019, plaintiff Huth enrolled in the American Institute's study abroad program at Campus International de Cannes in Cannes, France for the spring 2020 semester. See Compl. at ¶ 12; Def.'s Ex. A, Agreement and Release at 2 (Doc. No. 21). At the time, Huth was a full-time student at Duquesne University in Pittsburgh, Pennsylvania. Compl. at ¶ 12. Huth alleges that she chose the American Institute "because of the opportunity to live and study abroad in France and to interact in-person with another culture, faculty, and peers, and to experience all that France has to offer." Id. at ¶ 13. As a precondition for enrolling, she "was required to and did pay an all-inclusive [*3]  program fee for the study abroad program either by utilizing student loan financing, or by paying out of pocket." Id. at ¶ 20.

On January 30, 2020, Huth left the United States for France. Id. at ¶ 34. Her semester began on or about February 4, 2020 and was originally scheduled to conclude on May 29, 2020. Id. at ¶¶ 35-36. Of course, that timeline coincided with the start of the COVID-19 pandemic. Due to COVID-19, Huth, "at Defendant's instruction . . . was forced to leave France and fly back to the United States" on March 15, 2020. Id. at ¶ 37. For the next six weeks, she "did not receive any further academic instruction at all." Id. at ¶ 38. However, on April 27, 2020, "Defendant's online instruction began." Id.

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