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Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 3705
Experience:  Extensive education law experience
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Wanted to sue an association called AFCPE for a

Customer Question

Wanted to sue an association called AFCPE for a certification class, and a webinar. What are my rights towards education?They have a financial counselling exam that I can only take 5 times in a year, and which I have to wait to take every 30 days if I fail.I paid 750 in total for books and everything. I live in Maryland, they are in Ohio and they administer classes and exams in every state.The problem is that the exam is very difficult, and it requires alot of dexterity. I do not feel that the material is adequate training.
Can I go to arbitration?
Submitted: 4 months ago.
Category: Education Law
Customer: replied 4 months ago.
Please read this.
Customer: replied 4 months ago.
Hi van over an answer?
Expert:  Legal Eagle replied 4 months ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 4 months ago.

The answer to your question is yes, you can not only go through arbitration, but you could also sue in civil court. You may need to check the terms of the agreement to determine for sure whether you agreed to arbitration, but you should be able (and I would recommend) settling the dispute informally.

Based on what you provided, I like your causes of action. Oftentimes, schools that do not provide the proper materials; guidance; or instruction will often be liable for fraud because they had no intention on having you pass the exam. If you pass the exam, then you have no need to continue to pay for the course or any new study materials. As such, you should pursue this argument. One way that can help you professionalize what you wrote is by putting this on pleading paper. I have attached a copy of pleading paper to give you an idea of what you can do.

Expert:  Legal Eagle replied 4 months ago.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Customer: replied 4 months ago.
No that is good. Thank you. Can you draft a proper pleading based on what I wrote you? I want to be able to take the exams without having to wait 30 days and get a fair shot.Try calling the organization to figure out the contract if possible because I don't remember for sure what I signed but I need to verify their terms.Thanks.
Customer: replied 4 months ago.
Or what would be a good remedy?
Expert:  Legal Eagle replied 4 months ago.

Oh I totally wish I could, but I'm not licensed to practice in your state so I wouldn't be able to do it. What I would recommend those is putting big headings in your pleadings so that way it is easier for a judge or a mediator to understand your organization. For example, you could put "First Cause of Action: Beach of Contract for Providing Insufficient Materials." Then write your argument. The next one could be "Second Cause of Action: Fraud in the Inducement for Failing to Providing Promised Guidance and Network." Or however you want to do it.

Usually, the remedy for these kinds of things would be limited to what you paid in tuition, plus your books, and a little more to compensate you for the headache. So, let's say you paid a total $750, you should probably request at least $2,000. You may end up settling at $1,000 to $1,250.

Expert:  Legal Eagle replied 4 months ago.

You could also file a complaint with the department of consumer affairs in your state. Oftentimes, they may help "shake the trees" a bit and help give you even more guidance on how to handle this situation.

Expert:  Legal Eagle replied 4 months ago.

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?

Customer: replied 4 months ago.
Is there anyone on here who could do this job?
Expert:  Legal Eagle replied 4 months ago.

Potentially, but they would have to be licensed in your state to actually do this. You may need to ask another question stating, "MD Lawyer only" and then ask your question. This way, the attorney that answers will be able to help you and won't get in trouble for unlawfully practicing law outside their jurisdiction.

Customer: replied 4 months ago.
well my focus right now is on the exam and the certification.The support network should be also be important.
Expert:  Legal Eagle replied 4 months ago.

i totally understand. I think that you did a good job on this so far. Honestly, you may even need help from a lawyer based on what you did. It is much better than the ones I have seen.

Customer: replied 4 months ago.
Yeah the problem is the promise they made concerning support. How do you do take action for that?
Expert:  Legal Eagle replied 4 months ago.

That's going to be a breach of contract action. The breach of contract action is because they made a promise to support you, but they did not. Because they did not, it contributed to you failing the test multiple times.

Customer: replied 3 months ago.
Hi I took this to an attorney that I wanted to help me pursue some some kind if injunction to get me through the exam.They spoke to me and they said that there was no cause of action because of a black law. The company has given me the "answers" to the questions in the book in the form of the "text information " and so forth. I may not have an answer guide but I have the "chapters of information " that instruct me even though they are not clear.Correct me if I am wrong but I think this is completely off.The attorneys wife who was interviewing me with the actual attorney right there were both not thinking straight because I don't think they know what they were doing.Right off the bat I did not agree with their values as professionals so I was taken off course by that interview. I called the Montgomery county bar association again and they have not returned my call.I don't have time to represent myself and I have problems finding the right proffessional to do the job.In the meantime I have serious problems emotionally which they took most of the time giving me a lecture about and which I also don't know how to handle.
Expert:  Legal Eagle replied 3 months ago.

I'm sorry to hear about that. Have you considered the state bar association or legal aid to find an attorney?

Customer: replied 3 months ago.
The state bar association yes they have referred me to the county bar. The problem here I think is that the county is very extreme liberal times. Some of the things the attorneys assistant were saying to me were just inappropriate. She asked if I was gay and then started lecturing me about how she thought I had asbergers syndrome.
Customer: replied 3 months ago.
They work in Virginia but they are barred to Maryland Michigan and some other parts. I did not like their opinion.
Expert:  Legal Eagle replied 3 months ago.

Oh my goodness that is terrible. It's a long shot, but you may want to (click here) to find another attorney. This link is for personal injury attorneys, but they may, just may be able to help you out.

Customer: replied 3 months ago.
are you sure this is something I can sue for?
Expert:  Legal Eagle replied 3 months ago.

I believe that you have a reasonable case. However, how successful the case is depends on a lot of factors outside of my control and understanding. You may want to consider working with the company themselves if you haven't already to resolve this matter informally because taking this through the courts is always risky.

Customer: replied 3 months ago.
I would just like to ask one more thing, what do we do about the time? Because this is causing more problems for me.I don't mean to put pressure on the situation my self but I have to confront the truth and that is that time has been compromised by the environment, circumstances and I don't know how BYOB handle this.
Customer: replied 3 months ago.
Sorry about the BYOB there NY phone is new and it writes things on its own
Customer: replied 3 months ago.
Special injunctions or executive orders are what I would have to look into.
Expert:  Legal Eagle replied 3 months ago.

Hi, I am sorry but I am traveling right now. Let me take a look at your latest post later today so I can help you out:-)

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