A prospective class action lawsuit accuses 32 top colleges and universities of violating antitrust laws through an early decision conspiracy that binds applicants to single schools. Early decision applicants commit to accept offers, withdraw other applications, and accept tuition and fees after financial aid, which prevents comparison of competitor universities and financial aid packages. Presenting the application as a binding agreement is characterized as a core misrepresentation. Admissions experts and school officials have acknowledged early decision is not an enforceable contract, allowing schools to rescind offers for grade declines or conduct issues. Plaintiffs include three students and a recent graduate; defendants include elite universities, a financing consortium, and two application platforms.
Students who apply for "early decision" indicate that they will accept any admissions offer and withdraw all other applications, according to the suit. Applicants also state that they will accept the tuition and fees as long as they can afford them after factoring in financial aid. That prevents them from considering competitor universities and comparing financial aid packages, the suit alleges.
Admissions experts and school officials have acknowledged that the early decision agreement is not an enforceable contract, the suit says. That aids the schools, which can withdraw an offer if student grades fall before high school graduation or if their conduct doesn't meet university standards. Plaintiffs in the suit are three current students and a recent graduate at the defendant schools, according to an Aug. 8 press release.
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