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Teacher advertises giving more practice tests that student can do - is this false or misleading advertising?

San Francisco, CA |

Tutor advertises 80 simulated exams, and charges students $5000. The individual price for a simulated exam Tutor charges is $25. In reality, Tutor knows students can only do 20-60 simulated exams on average from his 6 years of tutoring. Is the ad misleading to make people think they get more for their money so they pay more for simulated exams, but in reality cannot do them all, and Tutor does not give the 80 simulated exams advertised?

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Attorney answers 2

Posted

What I think you are telling us is that the tutor advertises that s/he has eighty exams which students may do, but knows that on average students do less than sixty. It also sounds like you have a choice to buy simulated exams a la carte for $25, or a Cadillac package of all the exams the student could want for $5,000. Or not to buy any at all. Did I get that right?

If so, I'm not sure why you think that would be false advertising, if in fact the tutor has eighty exams which students may do. I'm not sure what would stop the student from enrolling earlier and doing more exams or asking tutor to go above and beyond and give extra exams. What you describe does not sound false or misleading to me; it sounds like the tutor advertises that s/he has ample simulated exam resources, that s/he can handle as many exams as any student would want to take.

Not legal advice as I don't practice law in California. It's just my two cents. Consult California counsel if you need legal advice. I practice in Vermont ONLY.

L. Maxwell Taylor

L. Maxwell Taylor

Posted

Also, simple math shows that $25 x 80 exams is $2000, so I think there must be more to the services the tutor provides than you indicate here. Otherwise, everyone would buy the simulated exams a la carte. No?

Asker

Posted

The tutoring cannot start earlier. It is only for 3 month period by contract. Though Tutor advertised on website individual exams for sale, when asked if can buy individual exams, he said people had to pay the fixed $5000 price.

L. Maxwell Taylor

L. Maxwell Taylor

Posted

Hmm. I suspect the website advertisement was ambiguous. However, if he made clear that it was a fixed price deal in advance, and it included tutoring and up to eighty simulated exams, and then you bought it, got tutored, and had the opportunity to take as many exams as you wanted, I'm not sure what the damages are.

Posted

If the tutor is ready willing and able to give you 80 simulated exams it is not false advertising. Many schools offer free tutoring. A serious student can usually get a lot of extra help from their teacher if they are willing to work.

Even $25 per test seems outrageous to me, but so does $15 per month for data plan on a phone. Here's something for free. Caveat Emptor, it is Latin meaning buyer beware.... crunch the numbers on the front end and shop around for the best deal.

Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.