I paid more than $4000 dollars to the TCN for my associates in nursing. The premise was that I could take the tests and basically test out of nursing classes from excelsior college after studying the TCN material. I have now found out that I must be accepted and pay Excelsior to take the majority of the tests. Is this a scam and can I get out of my contract?
Probably not; however, take the ads and related material to a competent local attorney and discuss your allegations and situation.
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I agree with the other attorney.
Unfortunately, most contracts contain language that states that it and not the oral promisses made before execution of the contract is the full agreement between the parties. You will have to prove fraud in the inducement, a difficult case to prove. It will be your word versus theirs and they have the contract to rely upon. Moreover, fraud often has to be proved to a higher standard than the garden vairiety lawsuit.
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There's kind of a heightened scrutiny being brought to bear in some of these for-profit educational institution disputes very recently, and that may be of some real benefit in an assessment of your rights in this matter. There are some state attorney-general investigations going on and a fed Dept of Ed inquiry building or underway. So, you do need a contract attorney to evaluate your contract and determine whether you have defenses to claims against you, or potential claims in your favor against the school. And ideally you would take your contract for that purpose to an attorney who has some on-going legal work and interest on this issue so that there may be some value for the attorney in determining whether you have some affirmative claims. Otherwise, you are going to bump up against cost-benefit concerns. I counsel some very intensive and highly skilled Googling to find the attorney or attorneys who will really want to take a look at your dispute with this school.
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This seems unfair at first glimpse, although there are often a number of barriers for individuals, such as contractual arbitration provisions and other ant-individual junk these entities will often bury in the fine print of documents you sign.
This is a multi-faceted matter that you would need an attorney to review before seeing what rights and best options could exist. The contract(s) you signed would need to be reviewed by an attorney, and the attorney would also need to review external laws that could apply. I'd be happy to discuss your matter briefly (at no charge) if you want to contact me directly at [email protected] If it turned out there were no issues I personally could assist with, I could try to find an attorney who could; I am networked with other individual-rights attorneys and organizations in a number of States. I wish you the best.
The answer above is not legal advice. You can contact me directly at [email protected] My website biography is here: http://www.pbclaw.com/our-people/attorneys/michael-brown/. For legal advice, you will need to consult directly with an attorney about the details of your situation.
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