Trinity Named as Defendant in Admissions Lawsuit

Talia Cutler ’27

Managing Editor

Trinity College was named in an August class action lawsuit filed by four students accusing more than 30 colleges of violating antitrust law by restricting competition and driving up tuition costs. The lawsuit, which also names the Common Application and the Consortium on Financing Higher Education as defendants, says the schools collectively use binding early decision (ED) admissions, as well as information-sharing practices to reduce competition.   

Early decision is an application process in which students apply to an institution by an earlier deadline and, if admitted, agree to enroll and withdraw any other pending applications. In return, applicants may have a slightly higher chance of admission. This agreement is often touted as being a legally binding commitment, which the plaintiffs argue is “a core misrepresentation” that prevents students from “considering competing offers from other colleges.”

The lawsuit points to the fact that students are required to sign a “document designed to resemble a contract” and that the Common Application, as well as the Coalition Application, prohibit students from applying ED to more than one school. However, the plaintiffs allege that “(s)ources who are former employees of defendants and other universities recently confirmed that the agreements are ‘not legally enforceable.’”

Plaintiffs Alayna D’Amico (Wesleyan University), Max Miller (Washington University), Bella “Jude” Robinson (Vassar College) and Bram Silbert (Wesleyan) also claim that this system disadvantages students by limiting their ability to compare financial aid packages and negotiate tuition costs. “Early decision applicants lose choice and negotiation leverage, while regular decision applicants are left to scramble for an artificially diminished number of admission slots doled out at lower acceptance rates,” Benjamin Brown, an attorney who represents the plaintiffs, told Reuters. Fifty percent of Trinity’s Class of 2029 was admitted through early decision. Trinity is also one of five defendants in the lawsuit that receive early decision applications exclusively through the Common Application. 

This lawsuit is based in antitrust laws, such as the Sherman Act and the Clayton Act, which prohibit practices such as price-fixing and bid-rigging. The plaintiffs are seeking unspecified monetary damages for alleged tuition overcharges, as well as an injunction that would prevent schools from continuing to use binding early decision programs. “Despite their critical role in the American higher education landscape, these schools have openly participated and are participating in practices that entrench patterns of inequality of access while inflating the price of attendance,” the lawsuit reads. The case is still in its early stages, but higher education media outlets such as Inside Higher-Ed and the Chronicle of Higher Education have already noted its potential to reshape admissions at some of the country’s most selective institutions. If the plaintiffs succeed, colleges (including Trinity) could be barred from offering binding ED agreements. This would mean future applicants would no longer have to commit before seeing financial aid offers, potentially broadening access for students concerned about cost. Director of Admissions Matt Hyde offered that “Early decision is an important option that applicants have to indicate their excitement and strong interest in a college, which is helpful for any institution working to craft new classes of students.” Trinity College has not yet issued a public statement regarding its inclusion in the lawsuit.