Class Action Updates: Plaintiffs’ Reply to Cooley’s Motion to Dismiss

In response to Thomas M. Cooley Law School’s motion to dismiss, the plaintiffs, represented by David Anziska and Jesse Strauss, have filed a reply brief.

The plaintiffs are asking the court to allow their case to proceed. They allege that Cooley “has been systematically defrauding thousands of prospective and enrolled students by reporting deceptive and misleading job placement data and salary information in a misguided attempt to inflate the value of a Cooley degree and thereby draw millions of undeserved tuition dollars.”

Cooley previously raised a number of defenses as to why it should not be subject to consumer protection claims. The reply addresses each defense in turn. Of note is the response to Cooley’s unreasonable reliance claim:

Cooley next alleges that to the extent that Plaintiffs relied upon the deceptive and misleading employment data, that reliance was unreasonable because Plaintiffs should have known that far fewer than the reported amount of Cooley graduates actually obtained full-time, permanent employment that required a Cooley degree. Def.’s Memorandum of Law, p. 39. In other words, Cooley has the audacity to argue that its own graduates unreasonably relied on Cooley’s marketing materials because they should have realized that Cooley’s reported employment statistics were inaccurate and that most Cooley graduates do not obtain full-time, permanent employment for which a JD degree is required or preferred. Aside from making a cynical and unprincipled argument, Cooley misstates the law.

The reply is attached.