The fact that they paid for something, via the application fee, that was advertised with features it doesn't have, and the fact that there are consumer protection laws that call that a deceptive trade practice and provide a remedy for it. (Also, the lawsuit is much broader than the universities and includes claims, including civil RICO pclaims, against the parties more directly involved in the core bribery scandal.)
Please show me one college that says "we _only_ use this list of criteria to determine admission". None do because they need the wiggle room for the aforementioned higher-value candidates. New buildings/NCAA titles/Sponsored Chairs don't cost nothin'!
See Count II of the suit, commencing on p.21, and the preceding factual allegations referenced within that Count.
https://www.courthousenews.com/wp-content/uploads/2019/03/Co...
1) Yale - "The Admissions Committee then factors in student qualities such as motivation, curiosity, energy, leadership ability, and distinctive talents." [Ed. Note distinctive talents - includes being related to someone who paid for that new building on campus. Having your family name on a campus building is quite distinctive, or so I presume]
2) Stanfurd - "Remember, however, that our evaluation goes beyond any numerical formula. There is no minimum GPA or test score; nor is there any specific number of AP or honors courses you must have on your transcript in order to be admitted to Stanford." [Ed. Note: the evaluation goes beyond a numerical formula because it also includes who your parents are and how your enrollment will affect football season ticket sales]
3)G-town - "Georgetown maintains a holistic review process..." [Ed. Note: because holistic includes the whole Legacy thing]
4) UCLA - "These select applicants are the ones who would contribute the most to UCLA’s dynamic learning environment;" [Ed. Note: Is that a double entendre? You be the judge!]
etc., etc.
In summary, this lawsuit is DOA.