🎓 Tuition Refund & Program Misrepresentation Demand Hub
California-specific legal guide for demanding tuition refunds and remedies for deceptive schooling practices.
⚖️ Legal Basis: BPPE and California Education Code

For private postsecondary institutions in California, refund rights are governed by the **California Private Postsecondary Education Act of 2009 (CPPEA)** and regulations enforced by the **Bureau for Private Postsecondary Education (BPPE)**.

Core Statutory Refund Obligations
Withdrawal During First Week (Ed Code § 94920(a))

A student who withdraws from a program during the first week must receive a **100% refund of institutional charges**. The school may retain only a small application or registration fee (typically up to $250, depending on the rules).

  • Key Date: The official withdrawal date is crucial for calculating the refund amount.
  • Requirement: Refund must be processed within **45 days** of withdrawal or determination of withdrawal.
Pro-Rata Refunds (Ed Code § 94920(b))

If a student withdraws after the first week but before completing 60% of the instruction, the student is entitled to a **pro-rata refund**. The amount refunded is based on the fraction of the instruction or services the student has not yet received.

  • Enrollment Agreement: The school's catalog and enrollment agreement must clearly define the refund schedule, which must be fair and reasonable.
  • Institutional Charges: Includes tuition, materials, and other fees paid directly to the school.
BPPE Regulatory Requirements for Program Types

The type of program affects the specific rules. Ensure your letter targets the correct category:

Program Type Typical Setting Refund Rule Application
Vocational/Trade School CDL, Dental Assisting, Cosmetology Strict application of Ed Code § 94920 pro-rata rules.
Coding Bootcamps / Academies Short-term, high-cost, high-intensity tech programs Often structured as private postsecondary; refund policies must comply with BPPE.
Continuing Education (CE) Low-cost, single courses, professional development Refunds often dictated solely by contract unless misrepresentation involves licensing claims.
The Withdrawal Date is Key: The school must use the earliest of (a) the date the student notifies the school of withdrawal, (b) the date the school terminates the student, or (c) a date specified in the school's policy regarding nonattendance. Document the date you *emailed* or *mailed* your official notice of withdrawal.

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🤥 Misrepresentation: CLRA and UCL Fraud Hooks

Misrepresentation claims are often stronger than simple refund claims. These claims allow you to demand a full refund (restitution) even if the school’s withdrawal policy would only allow a partial refund.

Common Misrepresentation Fact Patterns
False Job Placement/Salary Promises

Pattern: School advertises a 95% placement rate or an average starting salary of $75,000, but data shows much lower figures.

Legal Hook: **CLRA § 1770(a)(5)** (representing that services have characteristics/benefits they do not have) and **UCL § 17200** (fraudulent prong).

Accreditation Claims / Transferability

Pattern: School claims to be "licensed by the state" (which is mandatory, not a selling point) or implies national/regional accreditation it doesn't possess, or falsely guarantees transferability of credits.

Legal Hook: **CLRA § 1770(a)(7)** (representing services are of a particular standard/grade when they are of another). This is severe, as accreditation impacts the entire value proposition.

Bait-and-Switch (Curriculum/Faculty)

Pattern: The advertised "master faculty" are replaced by entry-level instructors, or the promised curriculum/software is significantly downgraded after enrollment.

Legal Hook: **CLRA § 1770(a)(9)** (advertising services with no intent to provide them as advertised) and **Breach of Contract** (the Enrollment Agreement incorporates the catalog description).

Hidden Fees / Cancellation Misstatements

Pattern: Fees are added after the initial quote, or the school misrepresents the difficulty of obtaining a refund or the cancellation process.

Legal Hook: **CLRA § 1770(a)(14)** (representing that a transaction involves rights/remedies which it does not) and **UCL § 17200** (unfair prong).

Evidence is King: For misrepresentation, you must attach screenshots, archived web pages, copies of brochures, or emails that contain the specific false claims you are relying on. Your demand letter must explicitly tie the claim (e.g., "95% placement") to the resulting injury (e.g., you would not have enrolled otherwise).

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💰 Demanding a Full Remedy: Tuition, Loans, and Clean-Up

A tuition demand letter must seek more than just money; it must also address the non-monetary harm caused by the deceptive school.

Required Remedies to Seek
Financial Demands (Tuition & Fees)
  • Full Tuition Refund: When misrepresentation is proven (restitution under UCL/CLRA).
  • Pro-Rata Refund: If withdrawing without a misrepresentation claim (Ed Code § 94920).
  • Ancillary Fees: Refund of application fees, enrollment fees, book/supply fees.
  • Loan Cancellation/Repayment: Demanding the school reimburse any private loan payments made or officially notify the lender to cancel the remaining debt.
Non-Monetary Demands (Reputation & Records)
  • Transcript Clean-Up: Demanding the school officially mark the withdrawal as a "cancellation" or "administrative withdrawal" rather than a failure, protecting academic records.
  • Credit Repair: If the debt was placed on your credit report, demanding the school immediately notify all Credit Reporting Agencies (CRAs) to delete the debt.
  • Documentation of Compliance: Written confirmation that all obligations have been cancelled and no further balance is due.
CLRA Damages Note: If the school fails to correct the violation within the mandatory 30-day notice period (CLRA § 1782), you can then sue for actual damages, punitive damages, and attorney's fees. This threat is a powerful incentive for compliance.

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🚪 School Closure and the Student Tuition Recovery Fund (STRF)

The **Student Tuition Recovery Fund (STRF)** is a mandatory safety net in California (Education Code § 94944) designed to relieve or mitigate economic loss suffered by students who are enrolled in private postsecondary schools that close or commit certain fraud/misrepresentation violations.

STRF Claim Eligibility (CA Students)

You are typically eligible for an STRF claim if you are a California resident who prepaid tuition and one of the following occurs:

  • The school closes before you complete your course of instruction.
  • The school breaches or materially violates the enrollment agreement.
  • The school misrepresented the financial status of the school.
  • The school failed to pay a refund or comply with state law.
School Closure Options

When a school closes, it must attempt to make provisions for its students. Your demand letter should address the following:

Option Action Required
Teach-Out Plan Enrollment in a different, often competing, school to finish the program. You must be given the option to accept the teach-out or demand a refund.
Full Refund Demand If you decline the teach-out or if the teach-out option is unsuitable, demand a full refund for the portion of the course not completed. If the school refuses, your next step is a **STRF claim**.
STRF Documentation Keep the **STRF Disclosure Statement** (required to be in your enrollment agreement) and all evidence of pre-paid tuition. The demand letter is critical proof that the school has failed to pay the required refund.

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📄 Sample CLRA 30-Day Demand Letter for Tuition Misrepresentation

This template serves as the mandatory pre-suit notice under CLRA and leverages the specific statutes covering private education in California.

[Your Full Name] [Your Full Address] [Your Student ID / Account Number] [Your Phone Number and Email] [Date] [Recipient Name / Title (e.g., School Director / Legal Counsel)] [Institution Name (Ensure this is the legal entity)] [Institution Address] SUBJECT: FORMAL LEGAL DEMAND AND PRE-SUIT NOTICE OF VIOLATIONS - CLRA § 1782 - Program: [Program Name] - Enrollment Date: [MM/DD/YYYY] SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED - ARTICLE NO. [Enter Tracking Number] Dear [Recipient Name or Title], This letter constitutes a formal demand for resolution and the **mandatory pre-suit notice** required under California Civil Code § 1782 (Consumers Legal Remedies Act, or CLRA). I demand a full remedy for the misrepresentations and statutory violations related to my enrollment in the [Program Name] program, which commenced on [Start Date]. I. FACTUAL BASIS FOR DEMAND: MISREPRESENTATION I enrolled and paid tuition totaling $[Total Paid Tuition] in reliance on the following specific misrepresentations made by your institution or its agents:
  • A. False Job Placement Claims: Your website (https://www.merriam-webster.com/dictionary/link) and brochure (Page X) stated a "[X]% job placement rate," which is demonstrably false/misleading based on industry standards and data available to the BPPE. This violates CLRA § 1770(a)(5).
  • B. Misleading Accreditation: Enrollment staff stated the program was "[Accreditation Type]," leading me to believe the credits were broadly transferable. In reality, [Explain why it's misleading, e.g., the accreditation is unrecognized or provisional]. This violates CLRA § 1770(a)(7).
  • C. Bait-and-Switch: The curriculum was substantially changed from the Enrollment Agreement. [Specify the change, e.g., The promised Capstone project was cancelled, or the lab hours were cut by 50%]. This constitutes a breach of the enrollment contract and violates the Unfair Competition Law (Bus. & Prof. Code § 17200).
II. DEMAND FOR REMEDY AND CORRECTION (CLRA § 1782): Pursuant to the CLRA, I demand that you correct and rectify these violations and breaches of contract within thirty (30) days of your receipt of this letter. The required corrections are:
  • 1. Full Tuition Refund: Remit the full amount of tuition paid, **$[Total Paid Tuition]**, based on the misrepresentation that invalidated the entire contract.
  • 2. Loan Cancellation/Reimbursement: Provide official written confirmation that you have notified [Loan Provider Name] to cancel the remaining debt of $[Remaining Loan Balance] and reimburse me for any payments already made.
  • 3. Transcript & Credit Clean-Up: Provide written confirmation that my records have been purged, showing a status of "Administrative Cancellation" with no financial or academic penalties, and that all negative credit reporting related to this debt will be deleted (CLRA § 1770(a)(14)).
III. CONSEQUENCES OF NON-COMPLIANCE: If I do not receive the full financial remedy and written confirmation of the record corrections by **[Date 30 days from projected receipt]**, I will be forced to commence legal action without further notice. This action will seek, but not be limited to: actual damages, punitive damages, injunctive relief, restitution, and recovery of attorney’s fees and costs as permitted by the CLRA, UCL, and other applicable laws. I reserve all my rights. Sincerely, [Your Signature] [Your Printed Name] Enclosures (List all attached documents): 1. Copy of Enrollment Agreement 2. Screenshot of Website/Brochure Showing Misrepresentation 3. Receipt for Tuition Payments 4. Student Loan Statement 5. Certified Mail Receipt for this letter

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💼 Professional Legal Services for Education Fraud and Tuition Disputes

Tuition disputes, especially those involving CLRA or UCL claims, are complex and require careful legal navigation. These cases often involve substantial tuition amounts, student loan debt, and the potential for statutory damages and attorney's fees.

When to Hire an Attorney
  • The school has a history of closures or deceptive practices (increasing the chance of a successful CLRA/UCL case).
  • The dispute involves large private student loans or federal loan implications.
  • You require expert assistance in filing a claim with the BPPE or the Student Tuition Recovery Fund (STRF).
  • The school ignores your CLRA 30-day demand letter, confirming their high risk of litigation.
Fighting Back Against Deceptive Schools
If your tuition refund demand is ignored or if the school's practices were deceptive, let's discuss leveraging California's strong consumer protection laws for maximum recovery.
Email owner@terms.law
Schedule a Consultation

Book a consultation to review your enrollment agreement, all marketing materials, and your evidence of misrepresentation.

Next Steps: Secure all your documents, especially the enrollment agreement and the specific marketing materials containing the false claims.

Contact: owner@terms.law

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