Is it false advertising or fraud for Teacher to advertise more simulated exams than he gives?

Asked 9 months ago - Los Angeles, CA

Teacher advertised in flyer he gave 8 simulated exams in standardized test prep class for license exam. The license exam test has a multiple choice and written portion. The flyer said 5 simulated on written and 3 simulated exams on multiple choice. The flyer was posted at university 2 months before Teacher began class. Student signed up for class without seeing flyer. At same time, Teacher's website advertised 6 simulated exams, but did not specify if on written or multiple choice. Teacher gave 5 simulated exams (3 on written, 2 on multiple choice). Is there criminal or civil liability? If Student did not see flyer, is this fraud or false advertising for not giving simulated exams advertised in flyer?

Attorney answers (2)

  1. Sagar P. Parikh

    Contributor Level 19

    Answered . It can arguably be considered fraud and probably is false advertising, but what are your damages here? Not really something worth suing over. You might be able to get a partial refund from the teacher.

  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . One would have to see the flyer and website to know for sure.
    If 8 simulated exams were available, and student had option of taking all 8, then no fraud, no false advertising, no criminal act and no civil liability.
    If the student never even saw the flyer, then it is irrelevant to that student's claim. The student did not rely on it in deciding to sign up.

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