What Legal Action Can I Take If A School Falsely Advertises Their Placement Record?

If a school falsely advertises its placement record (i.e., the percentage of graduates who secure jobs in their field after graduation), this may be considered false advertising or misrepresentation, which can have significant legal implications. Schools often market their placement success to attract students, but if these claims are misleading or untrue, students may have legal grounds to seek compensation or take legal action.

Steps to Take If You Are Misled by False Advertising of a Placement Record:

1. Document the False Advertising

• Collect Evidence: Begin by gathering evidence of the misleading claims. This could include brochures, websites, promotional materials, and any communications (emails, advertisements, etc.) where the school made specific claims about its placement record. Ensure that you have records showing how the school advertised its job placement success and how these claims were part of your decision to enroll.
• Compare Claims vs. Reality: If you’ve graduated and found that the placement record was inaccurate, document your own experience, such as the difficulty you faced in securing employment or the lack of job support from the school after graduation.

2. Contact the School and Request Clarification

• Report the Issue: If you believe the school made false claims about its placement rates, contact the school directly. Start by communicating with the admissions office, career services, or the department that provided the placement statistics. Ask for clarification on the numbers or data they provided and request a justification for why those claims were made.
• Request Action: If the school acknowledges the misrepresentation, request that they correct the false claims and provide a refund or compensation if you feel that the inaccurate information led to financial or personal harm.

3. File a Complaint with the School

• Internal Grievance Procedure: If the school’s response is unsatisfactory, file a formal complaint through the institution's internal grievance process. Many schools have a procedure for handling complaints related to misleading advertising or disputes with academic programs. Be sure to include all relevant documentation and a detailed explanation of how you were misled by the placement record.
• Seek Compensation or Redress: When filing the complaint, request specific remedies, such as a partial refund of tuition, a waiver of fees, or access to additional career services or job placement support if the misrepresentation significantly impacted your academic or career progress.

4. Consult Consumer Protection Laws

• False Advertising Violations: Under consumer protection laws, schools are prohibited from making misleading or deceptive statements that influence consumers (students in this case) to make decisions. If the school falsely advertised their placement rate, this could be a violation of these laws.
  • In the U.S., agencies like the Federal Trade Commission (FTC) and state attorneys general can investigate false advertising claims and pursue enforcement actions.
  • Some states also have specific educational consumer protection laws that regulate the marketing and advertising practices of educational institutions.
• File a Complaint with Consumer Protection Agencies: If you believe that the school’s actions were unlawful, you can file a complaint with your state’s consumer protection agency or the Better Business Bureau (BBB). They may investigate your claim and take action against the institution if warranted.

5. Legal Action for Misrepresentation

• Breach of Contract: When you enroll in a school, you enter into a contract with that institution, which may include the expectation that the school will provide a specific quality of education and career services. If the school misrepresented its placement success as part of the marketing, you may have grounds for a breach of contract claim.
  • If the placement rate was a key factor in your decision to enroll, and the school failed to deliver on this promise, you could argue that they violated the terms of the enrollment agreement.
• Misrepresentation Claims: Misrepresentation occurs when false or misleading information is presented as fact, and you rely on that information to make decisions. If the school’s false advertising about placement rates caused you financial harm (e.g., you chose their program based on their advertised job success rates), you could pursue a legal claim for fraudulent misrepresentation or negligent misrepresentation.
  • Legal Damages: If you can prove that the false advertising caused you harm, you may be entitled to compensation for:
    • Tuition paid: If the program didn’t meet the advertised job placement outcomes, you may be entitled to a partial refund.
    • Damages: If you can prove that you suffered financial losses (e.g., inability to secure a job in your field), you may be entitled to damages.
    • Other remedies: This might include additional job placement assistance or career counseling if the school fails to meet its advertised promises.

6. Consider a Class Action Lawsuit

• Collective Action: If you are not the only student affected by the false advertising, you might have the option to join a class action lawsuit. Class actions allow a group of individuals who were similarly harmed by the same misrepresentation to collectively pursue legal action against the institution.
• Consult a Lawyer: To determine if this is a viable option, consult with an attorney who specializes in consumer protection or education law. They can assess the strength of your case and help organize a potential class action.

7. Report to Accrediting Agencies

• Accrediting Bodies: Schools that are accredited by recognized agencies may be subject to standards that include accurate reporting and marketing practices. If the school misrepresented their placement rates, this may violate accreditation standards. You can file a complaint with the school’s accrediting agency (e.g., Regional Accrediting Bodies in the U.S. or equivalent in other countries), who may investigate the claim and take action if necessary.

Example:

A student enrolls in a business program at a university based on the school’s advertising that 90% of graduates secure jobs within six months of graduation. After completing the program, the student struggles to find a job in their field, and upon further investigation, discovers that the actual placement rate is much lower, and the career services department did not provide adequate job placement support.

The student:

• Contacts the admissions office and career services, requesting an explanation and clarification of the advertised job placement statistics.
• Files a formal complaint with the university requesting a refund of tuition or other compensation based on the false advertising.
• Consults with a consumer protection lawyer to discuss potential legal action for breach of contract and misrepresentation.
• If the issue remains unresolved, the student files a complaint with the state’s consumer protection agency and considers joining a class action lawsuit with other affected students.

Tips for Success:

• Be Thorough: Collect all relevant documentation and evidence before taking any action. This includes promotional materials, your enrollment agreement, and any communications with the school.
• Know Your Rights: Understand the legal protections available under consumer protection laws and education regulations. This knowledge will strengthen your case if you need to take legal action.
• Act Quickly: The sooner you address the misrepresentation, the more likely you are to resolve the issue. Delays in raising the issue could complicate your ability to receive compensation or take legal action.
• Seek Legal Advice: If the school’s false advertising has caused significant harm, consulting with an attorney can help you understand your legal options and the best course of action.

By following these steps, you can address the issue of false advertising regarding a school’s placement record and seek a refund or other remedies for the harm caused by the misleading claims.