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Contesting Tuition Refund from Proprietary School

Regarding tuition reimbursement from a proprietary school: I withdrew from a school and did not realize that (per MGL Chp 255, sec 13K) tuition refunds are based on the FULL amount due vs. what was actually paid or incurred. I financed most of the tuition and now find myself with a much larger debt than expected.

However, I believe it may be possible to contest the policy on two points. In the agreement provided it's written that A): "...all UNEARNED tuition will be refunded according to the refund policy of this agreement." - I read "unearned" to mean unincurred (i.e. no service was provided). If this is accurate how can they keep funds paid for courses never delivered?

Later in the document the parameters of MGL Chp 255, sec 13K are listed. In reading this law here:
http://www.malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter255...

I found the following B): "Every written contract between a trade school, business school, vocational school, technical school, correspondence school, dance studio, professional or proprietary school, except a proprietary school which has the authority to grant degrees, and any person who is to receive physical, mental or emotional benefit therefrom shall contain the following notice on the front of said contract above the place for the student’s signature in a type size at least as large as the largest type size appearing in any other part of the said contract."

In fact, all the information from the contract cited above (A & B) appears on a separate page from the one I was required to sign. The signatory page merely has a line stating "The STUDENT AGREES to the following financial terms subject to the CANCELLATION & REFUND POLICY."

The wording shown above in point "A" implies that tuition for services NOT rendered will be refunded. Per point "B" above, the contract, as delivered, does not seem to meet the letter of the law.

Do I have a case?

 
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