Class Action Litigation Related to COVID-19: Filed and Anticipated Cases in 2020


Last updated March 9, 2021

When the COVID-19 pandemic began unfolding in March 2020, we began tracking an emerging wave of class actions related to the coronavirus. Despite unprecedented court closures and changing procedural rules, COVID-19 class actions steadily proliferated across industries, jurisdictions, and areas of law. The impact of COVID-19 on business operations, consumer activity, and economic forecasts made clear that the filings to date are only an early indication of what is to come as the effects of the pandemic continue to reverberate throughout all sectors and regions of the country. Litigation related to COVID-19 executive orders, reopening plans, and relief legislation will also continue to develop as governmental actions continue into the future.

The following is a categorized summary of more than 1,400 coronavirus-related class action complaints filed in 2020, highlighting the core allegations of each complaint. We note that significant litigation is ongoing and anticipated to continue throughout 2021.

Banking and Debt Collection

Banks and financial institutions are facing class action litigation aimed at preventing foreclosures and suspending debt collection. These businesses may also encounter class action litigation from commercial clients based on their role in providing access to government relief under the CARES Act and other legislation.

CARES/PPP

Cases filed to date against banks concerning their administration of loans under the CARES Act Payroll Protection Program seeking monetary damages and injunctive and declaratory relief include:

Debt Relief and Credit Reporting

Cases filed to date against financial institutions challenging forbearance policies or seeking the suspension of loan repayment, debt collection, and foreclosure include:

Education

Educational programs and institutions, in particular colleges and universities, are facing class action claims by students related to campus closures, access to resources, and future operations. Cases filed to date against educational institutions seeking the refund of university tuition, room, board, and other fees paid by students based on breach of contract and other theories include:

Employment

Employers are facing wage and hour, workplace safety, paid leave, WARN Act, ERISA, employee privacy, worker classification, disability accommodation, and discrimination claims. Cases filed to date include:

Event Cancellation and Service Disruption

Consumer claims based on the cancellation or disruption of events and services are likely to dominate court dockets in coming months.

Travel Cancellation

Cases filed to date against non-airline travel companies seeking the refund of payments for cancelled itineraries based on breach of contract, consumer protection, and other theories include:

Event Cancellation

Cases filed to date against event and ticketing companies seeking the refund of payments for sporting, music, theater, and other cultural events based on breach of contract, consumer protection, and other theories include:

Memberships, Services, and Subscriptions

Cases filed to date against fitness clubs, ski resorts, amusement parks, and other organizations seeking the refund of season passes and membership fees based on breach of contract, consumer protection, and other theories include:

Government and Civil Rights

Governments and public officials may face a higher risk of class action litigation based on their response to COVID-19 and handling of prison inmates and detainees.

Prisoner and Detainee Release

Cases filed to date against corrections facilities seeking habeas corpus and other constitutional relief for prisoners and immigration detainees based on the risk of exposure to COVID-19 include:

State and Federal Executive Orders and Government Actions

Cases filed to date against federal and state governments asserting civil rights and constitutional claims based on executive orders and other actions in response to COVID-19 include:

Foreign Government and NGO Actions

Cases filed to date against foreign governments and international non-governmental organizations based on their response to the COVID-19 pandemic include:

Healthcare Providers and Nursing Facilities

Hospitals, healthcare providers and nursing and residential care facilities may face class action litigation based in contract or tort relating to their response to the COVID-19 pandemic. Unless states have laws or orders limiting civil liability, these entities are potentially at risk of class action litigation.

Insurance

Insurers face heightened class action litigation risk as insured businesses encounter disruptions and look to their policies for relief and healthcare providers and health insurance subscribers seek coverage for COVID-19 treatments. Cases filed to date asserting breach of contract and declaratory judgment claims against insurers for failure to cover losses from forced business closures as a result of the COVID-19 pandemic and state executive orders include:

Privacy and Cybersecurity

Companies are facing privacy and cybersecurity claims by employers and consumers based on the collection, use, and disclosure of personal information and the unauthorized access by third parties in data security incidents. Cases filed to date include:

Product Pricing, Marketing, Labeling & Performance

Manufacturers and sellers of products with medical, sanitation, and hygiene applications are facing class action claims related to the pricing, marketing, labeling and performance of their products based on advertising and consumer protection laws. Cases filed to date include:

Shareholder and Securities Litigation

Public companies face class action claims by shareholders concerning statements and omissions concerning the impact of COVID-19 on their operations and performance. Cases filed to date include:

Transmission and Exacerbation of COVID-19

Plaintiffs have filed class actions alleging that businesses negligently promoted the spread of COVID-19 or hid information about the risks of COVID-19 transmission or complications. Cases filed to date include:

Website, Digital, and Physical Accessibility

Companies are likely to face Americans with Disabilities Act (ADA) and other claims based on the ability of consumers with disabilities to access brick-and-mortar establishments governed by new health and safety standards and to understand their websites, mobile applications, and electronic platforms, especially as goods and services that were previously available at brick-and-mortar sites move to the internet.


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National Law Review, Volume XI, Number 68