In August 2025, current and former students sued 32 selective colleges, including Northwestern, Duke, Penn, Columbia and Cornell. They allege the colleges used binding early decision to reduce competition for students, raise prices and cut aid. On August 7, 2026, a federal judge in Massachusetts denied the colleges’ motion to dismiss, so the case moves into discovery. She dismissed the claims against Common App, Scoir and a college consortium. No court has found any college liable.
What this means for your student
Nothing changes for this fall’s November deadlines. Early decision still carries a real admissions advantage at many schools; Penn admitted 14.2% of ED applicants to its class of 2028 against 5.4% overall. It still means giving up the chance to compare aid offers. Use it only for a true first choice, after confirming affordability with the school’s net price calculator.
Related reading
Sources: Higher Ed Dive (Aug. 11, 2026); Law360.