In February 2024, the Central Consumer Protection Authority (CCPA), following a stakeholder consultation on “Misleading Advertisement in Coaching Sector” conducted on January 8, 2024, issued a draft of the Guidelines for Prevention of Misleading Advertisements to prevent and regulate misleading advertisements by persons engaged in coaching (Coaching Advertisement Guidelines).
The term ‘coaching’ has been defined in the Coaching Advertisement Guidelines to mean all tuitions, instructions or academic support or learning program or guidance provided by any person, indicating a broad applicability.
The Coaching Advertisement Guidelines apply to all advertisements, regardless of form, format, or medium relating to any coaching activity. Set out below are the key provisions of the Coaching Advertisement Guidelines:
■ The following actions, if employed by any person engaged in coaching, would constitute misleading advertisement:
-
- concealing important information related to name of the course (whether free or paid) and duration of course opted by successful candidate or any other important information which can influence a consumer’s decision to choose their services;
- making false claims regarding success rates, number of selections, or rankings of students in any competitive exam without providing verifiable evidence;
- falsely representing that students’ success is solely attributable to the coaching, without acknowledging the individual efforts of the students;
- creating false sense of urgency or fear of missing out that may heighten anxieties
- amongst students, or parents; and
- any other practices that may mislead consumers or subvert consumer autonomy.
■ Persons engaged in coaching are obligated to make certain specific disclosures and disclaimers. These include:
-
- disclosing specific details about successful candidates such as rank secured, name of course opted, duration of course opted, and whether such course is paid or free.
- putting disclaimers/disclosures/important information at a prominent and visible place in the advertisement in legible/prominent font;
- accurately representing the facilities, resources and infrastructure available to students; and
- avoiding selectively showcasing exceptional cases to create a skewed impression of success.
■ Persons engaged in coaching are prohibited from, inter alia:
-
- using any details of successful candidates information without consent;
- making false claims as to admission or job guarantee or other guaranteed outcomes;
- misrepresenting service quality;
- exaggerating faculty credentials; or
- falsely claiming recognition and/or approval from any competent authority.
Any contravention of the provisions of the Coaching Advertisement Guidelines shall be subject to and governed by the provisions of the Consumer Protection Act, 2019.
The period for sharing comments has expired and the final version of the Coaching Advertisement Guidelines is expected to be released soon.