I was not admitted to take a TOEFL (Test of English as a Foreign Language) test because I had a New York State issued I.D. instead of a passport for identification. TOEFL now refuses to reschedule my test and forces me to pay another $180 for their test. Does a private business in the United States have the right to deny a state issued I.D. as a proper identification?
Criminal Defense Attorney
If you are talking about a private organization, then this is not a constitutional law or civil rights question. The constitution sets forth the framework of government and constitutional rights set forth areas in which government is not allowed to act. The constitution says nothing about what a private person or organization can do. When you signed up for the test and paid the fee, you entered into a contract with the organization. Undoubtedly, that organization set forth certain rules about taking the test within the contract. Your remedy, if any, is for breach of contract if the refusal to let you take the test was a breach of that contract. You also may have rights under the New York Consumer protection law if they misled you about what you got for your $180.00 fee.
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