Govt seeks public feedback on new rules to check misleading ads by coaching institutes

The Draft Guidelines are placed on the website of the Department of Consumer Affairs and are accessible through the link (https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Public%20Comments%20Letter%202.pdf).

Public comments/suggestions/feedback are solicited and may be provided to the Central Authority up to March 16, 2024, according to an official statement.

The objective of the Guidelines is to protect consumers from misleading advertisements in the coaching sector.

The Central Consumer Protection Authority (CCPA) conducted a stakeholder's consultation on misleading advertisements in the coaching sector on 8th January 2024.

The draft guidelines have been framed after detailed deliberations with all stakeholders including coaching institutes, law firms, Government and Voluntary Consumer Organizations and are now being put up for public consultation.

Proposed Guidelines shall be issued under section 18 (2) (l) of the Consumer Protection Act 2019.

The draft guidelines define "Coaching"as tuition, instructions or academic support or learning programme or guidance provided by any person.

Under the Guidelines, conditions for misleading advertisement have been laid out. Any person who engages in coaching shall be considered to be engage in a misleading advertisement if it employs any of the following practices –

*Conceal important information related to name of the course (whether free or paid) & duration of course opted by successful candidate or any other important information which can influence a consumer's decision to choose their services.

*Make false claims regarding success rates, number of selections, or rankings of students in any competitive exam without providing verifiable evidence.

*Falsely represent that students' success is solely attributable to the coaching, without acknowledging the individual efforts of the students. Clearly state the extent of the coaching involvement in their success.

*Create false sense of urgency or fear of missing out that may heighten anxieties among students, or parents.

*Any other practices that may mislead consumers or subvert consumer autonomy and choice.

Guidelines would be made applicable to every person engaged in coaching.

The proposed Guidelines seek to prevent such misleading advertisements which affects consumers as a class.

Misleading advertisements by the coaching sector will be governed as per Consumer Protection Act, 2019 and the proposed guidelines will bring clarity to the stakeholders and protect consumer interests.