§ 5-64 Vocational Training.
RCNY § 5-64
(a)If a vocational school or a paid provider of vocational instruction advertises or states that people in particular jobs have certain incomes, or that people who are instructed will earn a stated salary or income "up to" a stated amount: (1) either the salary or income must be equal to or less than the average salary or income of persons employed less than five years in the indicated position in the New York metropolitan area, and the representation must state the basis for calculation of the average salary or income; or the representation must state the basis for calculation of the salary stated and disclose the average salary or income of persons employed less than five years in the indicated position in New York metropolitan area; and (2) the representation must state any conditions or other requirements such as union membership or service of an apprenticeship, which must be met to earn the stated salary or income; and (3) the representation must state that no guarantee is made that a person will earn the stated salary or income, unless the seller makes such a guarantee.
(b)In a written or printed advertisement, the information required by 6 RCNY §§ 5-64(a)(1), (2) and (3) must be disclosed in lettering as large as the numerals of the stated salary or income.
(c)The words "EARN $ .... " or "EARN UP TO $ ...." or words of similar meaning represent that a person who attends the training course will earn the stated salary or income within the meaning of 6 RCNY § 5-64(a).
(d)If a vocational school or a paid provider of vocational instruction advertises or states that a training course includes job placement service: (1) the job placement service must be available to all persons who pay a fee, regardless of whether they complete the course, unless the advertisement or representation states that it is available only to those who successfully complete the course and discloses any other conditions or limitations on the placement service; and (2) the advertisement or representation must state whether job placement is guaranteed and, where no guarantee is given, the advertiser must make bona fide attempts to seek potential employers for its students.
(e)In a written or printed advertisement, the information required by 6 RCNY § 5-64(d)(1) and (2) must be disclosed in lettering as large as the lettering indicating the existence of the placement service.
(f)Any advertisement or representation that a school or course has been approved by any government agency must indicate the terms of that approval, particularly as the approval applies to the quality of instruction and the truth of the statements contained in the advertisement or representation. For example, an advertisement or representation shall not state "V.A. Approved," but must state, if such is the case: "V.A. education loans may be used for tuition. V.A. does not review nor guarantee the quality of instruction, nor does it guarantee the truth of the statements in this advertisement." (g) For purposes of this section, "vocational training school" includes any business entity offering vocational instruction through a home study or correspondence plan.
