The Higher Regional Court of Dresden (OLG) has significantly strengthened the rights of customers of expensive online coaching programs in a recent ruling. According to the ruling, the Distance Learning Protection Act (FernUSG) also applies to offers explicitly aimed at entrepreneurs – a groundbreaking step towards greater consumer protection in the coaching sector.
What was the case?
An independent investment broker had booked two expensive coaching programs (“Sales Genius Training”) – one of them costing over €35,000. After the promised benefits failed to materialize, the provider wanted to sue for payment, while the client demanded a refund.
The result:
The contracts are invalid due to a violation of Section 7 of the German Distance Learning Act (FernUSG). The coaching provider did not possess the required state accreditation according to Section 12 of the FernUSG, even though her offer contained all the characteristics of a classic distance learning course.
What criteria define coaching as distance learning?
According to the court, the services offered constitute structured knowledge transfer – i.e., “instruction” within the meaning of the Distance Learning Act (FernUSG). Typical characteristics included:
- 🎥 Pre-made Learning Videos
- 📘 Workbooks and training materials
- 🧑💻 Individual coaching sessions for learning monitoring
- 🏠 Fully digital event without in-person meetings
Video calls also involve a physical separation, which is legally considered distance learning.
Quote from lawyer István Cocron
“This ruling is groundbreaking. It makes clear: Entrepreneurs also enjoy protection if coaching offers correspond to distance learning – many providers try to disguise their training as consulting.”
– Attorney István Cocron, Cocron GmbH & Co. KGEntrepreneurs are subject to the Distance Selling Act – clarification by the Higher Regional Court
Unlike in previous rulings, this case explicitly confirmed:
Entrepreneurial contracts (§14 BGB) also fall under the Distance Learning Protection Act, if the coaching program exhibits typical characteristics of distance learning.
What does this mean for coaching clients?
Review the contract – claim your money back – secure your rights.
📌 Possible invalidity:
Contracts without ZFU approval are invalid according to §7 FernUSG – paid contributions can be reclaimed.
📌 Equality:
Self-employed individuals and entrepreneurs can also invoke the FernUSG – not just consumers.
📌 Typical signs of distance learning:
- Online platform with learning modules and video content
- Training materials or digital workbooks
- Regular Feedback Calls for Learning Monitoring
- No in-person contact with the coach
Recommended course of action: Here’s how to proceed
🔹 Have your coaching contract legally reviewed
🔹 The following questions will help with the assessment:
- Was the content pre-produced and presented in a structured manner?
- Was the program primarily intended for knowledge transfer?
- Were there any progress check-ins regarding your learning?
🚨 Beware of large advance payments!
Providers without ZFU approval are acting unlawfully – even if they present themselves as “marketing consultants” or “business coaches”.
Support from lawyer Cocron
“We represent clients nationwide in the recovery of excessive coaching fees – including against prominent providers in the online coaching industry.”
– Attorney István Cocron
The law firm Cocron GmbH & Co. KG, with locations in Berlin and Munich, regularly reviews coaching contracts and enforces claims – both out of court and in court.
