Legal Question in Civil Rights Law in Michigan

my daughter and my nephew signed up for drivers ed. about a week ago, they went three 2 hour classes, and one 1 hour class. the students were supposed to pick a driving time, however my nephew picked a time that was unavailable, and put his phone number down for contacts. they picked their day on Wednesday to drive Thursday afternoon, and we got a call Thursday mid-day, saying it was an unavailable time. they then canceled the driving time that was chosen. we asked the teacher to initial the next time slot so we knew it was locked in and this wouldn't happen again, and the teacher got mad at the request and threw my daughter and nephew out of the class. they told them to leave and then locked the door so they could not get back in. we called to complain because we already paid them for the training, however they only offered to refund 75% of our money, when they canceled on us. we believe that we are entitled to a full refund, because they did not complete the service that they advertised, and in addition they said they would accommodate all students, however they didn't have enough chairs for the students to sit, so some had to stand, and while talking to the teacher about this, she even hung up the phone on me. under their contract, if you quit they are only entitled to get 75% back, however because since they were thrown out for an unjust reason, would be be entitled for a full refund? they also refuse to talk to us, so we are having trouble contacting them. we have the contract with us, explaining all of this in further detail.


Asked on 8/15/10, 2:00 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

This is a contract case, not a civil rights case, unless the students were singled out and treated differently based on their race, religion, nationality, etc.

You need to take your contract to a general practice attorney. Without actually reading the contract it is not possible to tell you whether or not you are entitled to a full refund or some other amount. An attorney can apply the law to the facts of your case and advise you as to your rights under the contract. Your account of the facts may not be the same as the driving school's account of the facts and ultimately, it will come down to whoever has the most plausible version.

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Answered on 8/20/10, 3:55 pm


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