Advertisements and Representations

A School shall not offer, advertise, imply, or represent Courses, Programs, and services, including the availability of collateral services such as tutoring, translation, and childcare, in a way that is false, deceptive, misleading, or unfair. A School shall not advertise, imply, or represent itself as a "college" or "university" in Advertising or elsewhere. If affiliated with another institution, a School must disclose the nature of the affiliation. A School shall not advertise, imply, or represent that the division "supervises," "recommends," "endorses," "accredits," or "approves" the School. A licensed School may indicate in literature or Advertising that the School is "Licensed by the Commonwealth of Massachusetts Division of Professional Licensure." A School shall not advertise, imply, or represent that the School guarantees employment for those who complete a Course or Program unless: (1) the guarantee is actually offered by the School; and (2) the advertisement discloses the nature of the guaranteed employment including but not limited to all conditions and limitations of the guaranteed employment such as any pre-requisites needed to obtain the employment, any limitation on the duration of employment, and any pre-existing arrangements between the School and potential employers. A School shall not advertise, imply, or represent a specific wage per hour or gross salary for those who complete a Course or Program offered by the School unless the School discloses the source and basis for the calculation of the wage per hour or gross salary figure in accordance with subsection 15.06(9). The words “EARN $...” or “EARN UP TO $...” or words of similar import or meaning constitute a representation that a person who attends the School’s Course or Program will earn the stated wage per hour or gross salary figure. A School shall not advertise, imply, or represent information that contains a misrepresentation of fact or false statements regarding the professional achievements, degrees, trained skills or qualifications of the School, its Instructors, or any other employees or agents of the School. A School shall not advertise, imply or represent any information that is deceptive, misleading, or unfair because it represents only a partial disclosure of relevant facts, such as Advertising a discounted Course without identifying the usual price for the discounted Course. A School shall not advertise, imply, or represent the offering of any Programs or Courses requiring division approval unless it has been approved by the division, or unless it is otherwise specifically required by another state or federal authority. A School making Promotional Claims must have and maintain documented objectively verifiable information supporting the accuracy of the claims, and must describe that information in the claims and make it available to the public and to the division upon request. A School accredited by the Better Business Bureau shall publish the following text as a disclaimer in every place where the School uses the Better Business Bureau logo: “The Better Business Bureau accredits only the business management of the School. It does not accredit the School’s curriculum or ensure quality training.” If a School advertises a non-occupational or exempt course or program, the School shall disclose in such Advertising that the course or program is not required to be approved by the division and is not approved by the division. A School is responsible for the representations and practices made by Sales Representatives and third party vendors acting on behalf of the School. A Sales Representative shall not advertise, imply, or represent him or herself as anything other than a “Sales Representative” when engaged in Solicitation. A School shall maintain a “Do Not Contact List” with the names and contact information of prospective students who indicate in any way to the School a desire not to be contacted for Solicitation. When contacting prospective students for the purpose of enrollment, a School shall inform the prospective student of the opportunity to be placed on a “Do Not Contact List.” If a prospective student’s name and contact information appear on the School’s “Do Not Contact List,” a School shall not make or cause to be made an Unsolicited Contact. Prohibited Advertising includes, but is not limited to Advertising defined as an unfair and deceptive act or practice by 940 CMR 31.00. A School may not make general misrepresentations as prohibited by 940 CMR 31.04. A School shall not act in any way that violates M.G.L. c. 93A, § 2 which includes the acts and practices described under 940 CMR 31.00. A School shall keep records of all advertisements in accordance with 230 CMR 15.03(4). 230 CMR 15.06 is not intended to confer any private right or action not otherwise granted by statute.