Legal Question in Consumer Law in Texas

Recourse against testing monopoly

A testing monopoly, ETS, whose GRE test is required by virtually every college and university and whose scores in part determine one's ability to enter graduate school and to receive funding, will not allow me to present evidence that my score on the analytical (writing) test does not represent my actual writing skills. I have gone through their procedure, but as I am not allowed to present evidence or even to see why my score was so low, I have no recourse and am totally at their mercy. Meanwhile, the schools to which I have applied now have conflicting information--on the one hand, I have straight As in my Master's work in English (all of which is judged on my writing skills), three references that my master's thesis was in the top 5% of theses; on the other, these potential grad schools see that I have a 740 verbal score and a mere 3.5 analytical writing score! Clearly, the ETS testing firm has failed to represent my writing skills accurately. I want to know what recourse I have to force ETS to reassess my writing under real and accurate circumstances. Which area of law would be best for representation?


Asked on 1/23/09, 5:38 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Recourse against testing monopoly

Based on what you have written, you may want to review the terms of your original agreement with ETS. Within the original agreement, there should be terms for conflict resolution/dispute. As for which area of law would be best for representation, dependent upon the terms of your agreement, you may have a cause of action for breach of contract. Additionally, the educational facilities which you have applied to may have alternative remedies available for such situations. If my local law firm can assist you with this legal issue or any other legal matter, please do not hesitate in contacting my paralegal Tina ([email protected]) to arrange for an initial consultation.

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Answered on 1/26/09, 2:16 pm


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