Blog/COVID-19 Related Class Actions: From Refunds to Workplace Safety

COVID-19 Related Class Actions: From Refunds to Workplace Safety

An overview of class action lawsuits stemming from the pandemic, including refund disputes and safety violations.

Introduction

The COVID-19 pandemic created unprecedented disruptions across virtually every sector of society and the economy. As businesses and institutions struggled to adapt to lockdowns, supply chain issues, and changing health guidelines, consumers and employees faced a cascade of unexpected challenges—from canceled events and travel plans to unsafe working conditions and remote learning difficulties.

These disruptions inevitably led to disputes over refunds, contract fulfillment, workplace safety, and consumer protection. With individual grievances multiplied across millions of similarly affected people, class action lawsuits emerged as a critical mechanism for addressing pandemic-related harms at scale.

This article examines the major categories of COVID-19 related class actions, their outcomes, and what consumers and workers should know about ongoing and potential settlements stemming from pandemic disruptions.

Pandemic Refund Disputes

When lockdowns began in early 2020, countless pre-paid services, events, and memberships were suddenly canceled or significantly altered. This led to a wave of class actions seeking refunds for:

  • Education: Universities and colleges faced numerous class actions from students demanding partial tuition refunds after campuses closed and instruction moved online.
  • Travel: Airlines, cruise lines, hotels, and vacation rental platforms were sued over refund policies for canceled trips during travel restrictions.
  • Events and entertainment: Sporting events, concerts, theaters, and theme parks saw litigation over whether full refunds were required for canceled or postponed events.
  • Membership programs: Gym chains, country clubs, and other subscription-based services faced class actions for continuing to charge fees during forced closures.

Many of these cases have resulted in significant settlements. For example, several major universities settled tuition refund claims for millions of dollars, while certain fitness chains provided automatic credits or extended memberships to compensate for closure periods.

The legal theories in these cases typically revolve around contract law principles like impossibility, impracticability, and frustration of purpose, as well as consumer protection laws regarding deceptive practices.

Business Interruption Insurance Claims

Business owners facing mandatory closures and significant revenue losses turned to their business interruption insurance policies, only to find many insurers denied coverage for pandemic-related losses. This led to a substantial wave of class action litigation:

  • Coverage disputes: The central question in these cases was whether the physical presence of the virus or government shutdown orders constituted "physical loss or damage" as required by many policies.
  • Industry-specific suits: Restaurants, retail establishments, personal service businesses, and healthcare providers formed class actions specific to their industries' circumstances.
  • Bad faith claims: Some lawsuits alleged that insurers acted in bad faith by issuing blanket denials without proper investigation of claims.

The outcomes of these cases have been mixed, with courts in different jurisdictions reaching different conclusions about whether COVID-19 circumstances triggered coverage under standard policy language. Some insurers have settled rather than continue litigation, while others have prevailed in having cases dismissed.

Workplace Safety and Employment Issues

As essential workers continued to report to physical workplaces during the height of the pandemic, employee safety became a major focus of class action litigation:

  • Safety protocol failures: Workers filed class actions alleging employers failed to implement adequate safety measures such as social distancing, mask requirements, or sanitation procedures.
  • Paid leave disputes: Litigation emerged regarding implementation of emergency paid sick leave provisions under the Families First Coronavirus Response Act.
  • Hazard pay claims: Some essential workers sued over promises of hazard pay that were allegedly not fulfilled or were inconsistently applied.
  • Mass layoffs: Companies facing class actions for allegedly failing to provide proper notice under the WARN Act before conducting large-scale pandemic-related layoffs.
  • Remote work accommodations: Disputes over whether employers properly accommodated workers who requested remote work arrangements due to health concerns.

These cases have highlighted the tension between business continuity, economic pressures, and worker safety during public health emergencies. Several major employers have reached substantial settlements to resolve claims related to workplace safety during the pandemic.

Price Gouging and Consumer Protection

As demand for certain products skyrocketed during the pandemic, allegations of price gouging and deceptive marketing led to consumer protection class actions:

  • Personal protective equipment: Litigation over alleged price gouging for masks, gloves, and sanitizer products during shortages.
  • Essential household goods: Class actions concerning pricing practices for items like toilet paper, paper towels, and cleaning supplies.
  • Misleading marketing: Cases challenging claims about products' effectiveness against COVID-19 without scientific support.
  • Online marketplace responsibility: Litigation regarding the responsibility of online platforms to police third-party sellers engaging in price gouging.

State attorneys general also pursued enforcement actions parallel to private class actions, leading to settlements with retailers, manufacturers, and online marketplaces that allegedly permitted price gouging during the public health emergency.

Privacy Concerns in Remote Activities

The rapid shift to remote work, education, and healthcare created new privacy and data security issues that sparked class action litigation:

  • Videoconferencing privacy: Major video conferencing platforms faced class actions alleging inadequate security measures and misleading statements about encryption and data sharing practices.
  • Remote learning platforms: Educational technology companies were sued for allegedly collecting data from students without proper parental consent during remote learning.
  • Telehealth privacy: Some telehealth providers faced litigation over their handling of sensitive medical information during the rapid expansion of remote healthcare services.
  • Workplace monitoring: Employers using enhanced monitoring tools for remote workers faced claims of excessive surveillance and privacy violations.

Several of these privacy-focused class actions have resulted in significant settlements, with companies agreeing to enhance their security practices, provide more transparent disclosures, and compensate users whose data may have been compromised.

Conclusion

COVID-19 related class actions have created a significant and evolving body of case law addressing novel questions about business obligations, insurance coverage, employee rights, and consumer protection during a global public health emergency. While many of these cases have settled, others continue to work their way through the courts, establishing precedents that may guide responses to future crises.

For consumers and workers, these class actions have provided an important mechanism for seeking redress for pandemic-related harms that might otherwise have gone unaddressed. If you believe you may be eligible for compensation from a COVID-19 related class action settlement, services like GetBack can help you identify relevant cases and navigate the claims process.

As society continues to adapt to post-pandemic realities, the legal principles established through these class actions will likely influence business practices, insurance policies, and emergency response protocols for years to come.