X is accounting exam tutor. Y has experience grading real exams (former exam grader). X isn't former exam grader but passed exam. X gives Y on-call, not exclusive, independent contractor job to grade practice exams to prepare X's students to take exam. X advertises "all" practice exams will be graded by former exam grader. X uses Y's experience during sales, but does not give Y's name. Y unaware X using Y's experience to advertise, and didn't give X publicity rights. S buys tutoring from X. X doesn't disclose S to Y. X grades practice exams himself, but doesn't tell S he's grading until S asks. Y assumes X forwarding all practice exams to Y to grade, and doesn't know X grading himself. Is X committing fraud or false advertising against S and/or Y?
Family Law Attorney
X should go to H, E, L and L without facts this is nothing more than a logic test.
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Employment / Labor Attorney
This is a gray area. Black and white and on paper yes this could be considered fraud. However, it's not since Y is the experienced grader as advertised. In court, you'll have a difficult time proving fraud. It's not easy. Second, even if there is fraud, what are the damages? How much money is worth a 1 year trial? You have to wonder is it worth pursuing?
Lastly, most likely result is that if S sues for fraud because he paid money expecting an experienced grader to grade his paper not someone who is pretending to be an experienced grader, there are tons of arguments that X can make in his defense. Not worthwhile going into detail.
This is one of those things that seems like something on paper but in real life its nothing (unless someone got hurt....if S relied on X and lost out on real job opportunities, money, time, etc. then you have something. However you have to prove but for X, S would have passed.) That's nearly impossible.
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Criminal Defense Attorney
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