Tutoring Service Disputes

The tutoring and educational services industry has grown into a $12 billion market, encompassing everything from individual tutors and test prep companies to online learning platforms and franchised learning centers. When these services fail to deliver promised results, misrepresent tutor qualifications, refuse refunds for prepaid packages, or engage in deceptive marketing, consumers have legal remedies. The FTC Consumer Protection Bureau provides guidance on deceptive advertising and unfair business practices. This comprehensive guide explains your rights when dealing with tutoring service disputes, how state consumer protection laws apply, and strategies for recovering money from tutoring companies that don't deliver.

Types of Tutoring Service Providers

Understanding what type of provider you're dealing with helps determine your legal rights and where to direct complaints:

Individual Tutors

• Self-employed individuals offering one-on-one instruction
• May work through referral platforms (Wyzant, Varsity Tutors, Care.com)
• Informal arrangements may have limited documentation
• Disputes typically handled through small claims court

Tutoring Centers and Franchises

• Examples: Kumon, Sylvan Learning, Huntington Learning Centers, Mathnasium
• Typically require enrollment agreements and prepaid packages
• Subject to franchise disclosure laws and consumer protection regulations
• May have corporate complaint escalation processes

Test Preparation Companies

• Examples: Kaplan, Princeton Review, Prep Expert, Manhattan Prep
• Often make specific score improvement claims
• May offer score improvement guarantees with conditions
• FTC scrutinizes advertising claims about results

Online Tutoring Platforms

• Examples: Tutor.com, Chegg Tutors, Khan Academy
• May be subscription-based or pay-per-session
• Terms of service govern most disputes
• Credit card disputes may be most effective remedy

Common Tutoring Service Disputes

1. Prepaid Contract Refund Denials

The most common dispute involves companies refusing refunds for unused tutoring sessions:

• Non-refundable policies: Companies claiming prepaid packages are non-refundable
• Expiration of unused sessions: Sessions expiring before they can be used
• Excessive cancellation fees: Companies retaining large portions of prepaid amounts
• Automatic renewals: Contracts renewing without clear consent

2. Misrepresented Tutor Qualifications

When tutors don't have the credentials advertised:

• Fake degrees: Tutors claiming degrees they don't have
• No subject expertise: Tutors assigned to subjects outside their competence
• Certification fraud: Claiming teaching certifications not actually held
• Experience misrepresentation: Exaggerating years of experience or success rates

3. False Advertising and Result Guarantees

Deceptive marketing claims include:

• Guaranteed score improvements: "Improve your SAT score by 200 points or your money back"
• Success rate claims: "95% of our students improve their grades"
• Time-to-results promises: "See improvement in just 4 weeks"
• Testimonials: Fake or unrepresentative success stories

4. Service Quality Issues

Problems with the actual tutoring provided:

• No-show tutors: Scheduled sessions where the tutor doesn't appear
• Inadequate instruction: Tutors unable to explain concepts effectively
• Inconsistent tutors: Different tutor each session despite promises of consistency
• Session length: Sessions shorter than the time paid for

5. Billing and Contract Disputes

Financial issues with tutoring services:

• Unauthorized charges: Credit card billed without authorization
• Hidden fees: Assessment fees, material fees, or registration fees not disclosed
• Price increases: Rates raised mid-contract
• Financing issues: Problems with third-party financing arrangements

State Prepaid Education Service Laws

Several states have specific laws governing prepaid tutoring and educational service contracts:

State	Law	Key Protections	Refund Rights
California	Civ. Code 1812.80-1812.89	Limits prepayment; requires written contract; 3-day cancellation	Pro-rata refund within 30 days of request
New York	Gen. Bus. Law 394-c	Written contract required; disclosure of cancellation rights	Pro-rata refund minus reasonable fee
Illinois	815 ILCS 602 (Educational Services Regulation)	Limits contracts to 24 months; cancellation rights	Pro-rata refund required
Massachusetts	Ch. 93A + regulations	Unfair practice to deny reasonable refunds	Treble damages for willful violations
Texas	DTPA + Occ. Code for career schools	Deceptive practices prohibited; specific rules for career education	Up to 3x damages for deceptive practices

FTC Cooling-Off Rule

If you signed a tutoring contract at your home (including at an in-home sales presentation), the FTC Cooling-Off Rule (16 CFR 429) provides important protections:

• 3-day cancellation right: You can cancel within 3 business days of signing
• Written notice required: The company must give you a cancellation form
• Full refund: If you cancel in time, you're entitled to a full refund within 10 business days
• No penalty: Cannot charge cancellation fees for timely cancellation

Score Guarantee Claims

Many test prep companies advertise score improvement guarantees. Understanding how these work—and their limitations—is crucial:

Common Guarantee Types

• Score improvement guarantee: "Improve by X points or get a refund/retake"
• Higher score guarantee: "Score higher than your diagnostic test"
• Target score guarantee: "Reach your target score or money back"

Typical Restrictions (Read the Fine Print!)

• Must attend all sessions or complete all coursework
• Must complete all assigned homework
• Must take the test within a certain timeframe
• Only eligible for retake of course, not full refund
• Administrative fees or materials not refundable
• Must request refund within specific deadline

FTC Advertising Standards

The FTC has taken action against test prep companies for deceptive advertising. Claims must be:

• Truthful and not misleading
• Supported by adequate evidence
• Not contain material omissions

Step-by-Step: Resolving Tutoring Service Disputes

1. Review your contract: Read the enrollment agreement carefully. Note cancellation terms, refund policies, and any guarantees made.
2. Document the problem: Keep records of sessions missed by tutors, quality issues, misrepresentations made during sales, and communications with the company.
3. Check cooling-off rights: If you signed at home within the last 3 business days, you can cancel with full refund under the FTC Cooling-Off Rule.
4. Request refund in writing: Send a written refund request via email and certified mail. Cite specific contract provisions and applicable state law.
5. Escalate within the company: If front-line customer service denies your request, ask for a supervisor or regional manager. For franchises, contact corporate headquarters.
6. File regulatory complaints:
   • State Attorney General consumer protection division
   • FTC (reportfraud.ftc.gov) for deceptive advertising
   • Better Business Bureau
   • State education department (for accredited programs)
7. Dispute credit card charge: For services not rendered or materially different from what was promised, file a chargeback with your credit card company.
8. Send formal demand letter: Cite specific state laws, contract breaches, and damages. Set a deadline for response.
9. Consider legal action: Small claims court is appropriate for most tutoring disputes.

Major Tutoring Company Policies

Company	Refund Policy	Guarantees	Contract Length
Kumon	Monthly enrollment; no long-term contracts	No score guarantees	Month-to-month
Sylvan Learning	Varies by center; often prepaid packages	Progress guarantee varies	Varies; often 3-12 months
Huntington	Prepaid packages common	Conditional satisfaction guarantee	Variable; often significant commitment
Kaplan Test Prep	Varies by course type	Higher score guarantee (conditions apply)	Course-based
Princeton Review	Varies by course type	Score improvement guarantee (conditions apply)	Course-based

Calculating Damages

Direct Damages

• Unused sessions: Value of prepaid sessions not yet received
• Registration/materials fees: If services weren't provided as promised
• Price difference: If you had to hire another tutor due to breach

Consequential Damages (may be harder to recover)

• Test retake fees: If poor tutoring necessitated retaking an exam
• Application fees: If missed deadlines due to inadequate preparation
• Lost opportunities: Generally difficult to prove and recover

State Consumer Protection Laws

State	Law	Application	Damages
California	CLRA (Civ. Code 1750)	Deceptive tutoring service practices	Actual damages + attorney fees
Texas	DTPA (Bus. & Com. Code 17.41)	False advertising, misrepresentation	Up to 3x damages + attorney fees
New York	Gen. Bus. Law 349	Deceptive acts in consumer transactions	Actual damages + $50 minimum + attorney fees
Massachusetts	Ch. 93A	Unfair educational service practices	2-3x damages + attorney fees

Small Claims Court Limits

State	Small Claims Limit	Filing Fee
California	$12,500	$30-$75
Texas	$20,000	$48-$98
New York	$10,000	$15-$20
Florida	$8,000	$55-$300

Frequently Asked Questions

Can a tutoring company keep my money if I want to cancel?

It depends on your state's laws and when you signed. If you signed at home within 3 business days, you can cancel with full refund under the FTC Cooling-Off Rule. Many states also require pro-rata refunds for unused prepaid services regardless of what the contract says. "Non-refundable" clauses may be unenforceable.

The tutoring company guaranteed score improvement but I didn't improve. Can I get a refund?

Review the guarantee terms carefully—most have significant conditions (attendance requirements, homework completion, timing). If you met all conditions and didn't improve, you should be entitled to the remedy promised (usually a course retake or partial refund). If conditions weren't clearly disclosed, you may have a claim for deceptive advertising.

The tutor doesn't have the qualifications they advertised. What can I do?

Misrepresenting tutor qualifications is deceptive and potentially fraudulent. Document the misrepresentation (save the original advertisement or contract showing promised credentials). Request a refund and, if refused, file complaints with the state AG and FTC. This is also strong grounds for a credit card chargeback.

My sessions keep expiring before I can use them. Is this legal?

Expiration policies must be clearly disclosed. Many states have laws against unreasonable expiration of prepaid services. If sessions expired due to the company's failure to make tutors available, or if expiration wasn't clearly disclosed, you may be entitled to an extension or refund. California law, for example, restricts gift card and prepaid service expiration.

Can I dispute a tutoring charge on my credit card?

Yes. Common grounds for chargeback include: services not rendered as described, misrepresentation of tutor qualifications, failure to honor guarantees, and unauthorized charges. Provide documentation of the issue and your attempts to resolve it with the company.

The tutoring contract includes an arbitration clause. Can I still sue?

Arbitration clauses are often enforceable, but small claims court is typically exempt. Check the specific language—many arbitration clauses allow small claims court for disputes under a certain amount. Additionally, some state consumer protection laws make arbitration clauses unenforceable for certain claims.

Resources

• FTC Consumer Information: consumer.ftc.gov - Information on Cooling-Off Rule and deceptive practices
• State Attorney General: Consumer protection division for state law violations
• Better Business Bureau: bbb.org - File complaints and check company ratings
• Credit card issuer: Dispute charges for services not received or misrepresented