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Topics - shayanb

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Cyber laws / Claim against US organisation
« on: October 24, 2016, 08:21:51 PM »

I have a question about suing an international organisation.

I registered for the GRE Psychology test online at (ETS is a non-profit American organisation that conducts several tests including the GRE at locations around the world) on July 22, 2016 but later decided to cancel it as I wanted to take the GRE Physics test instead. I tried cancelling the Psychology test but was unable to as the cancellation page was not loading. I went ahead and registered for the GRE Physics test anyway, thinking I'd cancel the Psychology test later. Both tests are scheduled to be conducted on October 29, 2016 at Calcutta. The registration for the GRE Physics test was carried out by me on August 8, 2016 and I received a confirmation email at the time from ETS. I have the email with me.

I tried multiple times to cancel the GRE Psychology test on the ETS website but was unable to. On all these occasions both the Physics and Psychology tests were listed under the 'My Upcoming Tests' section on the ETS website. Then on 24 Sep, 2016 I logged in to my account at and found that the Physics test was not listed on 'My Upcoming Tests'. Only the Psychology test was. I canceled the Psychology test (I was finally able to) and sent an email to ETS asking them why the Physics test was not listed under 'My Upcoming Tests'. They replied on Oct 2 (even though it is their policy to respond within 2 business days) saying that their records indicated that I had cancelled my test - they were referring to the Psychology test. I clarified that I was referring to the Physics test and attached the confirmation email they had sent when I had registered.

They then replied (on Oct 2) that their records indicated that payment had not been received for the Physics test. So I sent them the details of the payment which was made via credit card. They replied (on Oct 3) that they'd take 5-7 days to resolve my inquiry. On not receiving a reply for 10 days I called them on Oct 13 and was told that the registration for the Physics test was automatically erased from their records because it was scheduled at the same time as the Psychology test, they offered to refund the money for the test. Since I didn't want a refund I emailed them on Oct 13 asking them to fix the problem. I was again informed that the registration was cancelled and I would receive a refund. I replied by email that I didn't want the refund but needed to take the test instead, and if I wasn't allowed to take the test I would take legal action. They replied on Oct 14 that they would look into the matter and I'd be informed as soon as their investigations were complete.

Having not received a reply for 10 days I emailed them yesterday asking for an update on the matter and received the following reply: "We have processed an additional refund of $150.00.  Unfortunately, because you have registered for two GRE Subject tests for the same day, one of the exams was automatically canceled out.  We apologize for any inconvenience this may have caused you."

The Physics Subject test is offered only once a year in India and I need to take the test in order to apply to graduate school in the US. I had taken a previous Physics GRE test 2 years ago and I shall now have to send that score when I apply to graduate school. Not being able to take the test this year means I won't be able to improve on my score and this significantly hurts my chances of admission.

On the ETS website it says: "You agree that any claim, action or proceeding arising out of the Terms of Use, or your use of this Website, shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the State of New Jersey and you consent to the jurisdiction of those courts."

My questions are the following:
- Do I have a case against ETS?
- If so, how and where would I file my claim? Since I am an Indian passport-holder I am not sure if I can sue them at all.

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