{"id":3705,"date":"2025-06-05T11:45:21","date_gmt":"2025-06-05T09:45:21","guid":{"rendered":"https:\/\/ra-cocron.de\/news\/higher-regional-court-of-dresden-strengthens-the-rights-of-coaching-clients-the-distance-learning-act-also-applies-to-entrepreneurs\/"},"modified":"2026-05-13T05:18:08","modified_gmt":"2026-05-13T03:18:08","slug":"higher-regional-court-of-dresden-strengthens-the-rights-of-coaching-clients-the-distance-learning-act-also-applies-to-entrepreneurs","status":"publish","type":"news","link":"https:\/\/ra-cocron.de\/en\/news\/higher-regional-court-of-dresden-strengthens-the-rights-of-coaching-clients-the-distance-learning-act-also-applies-to-entrepreneurs\/","title":{"rendered":"Higher Regional Court of Dresden strengthens the rights of coaching clients \u2013 the Distance Learning Act also applies to entrepreneurs"},"content":{"rendered":"\n

The Higher Regional Court of Dresden (OLG)<\/strong> has significantly strengthened the rights of customers of expensive online coaching programs in a recent ruling<\/strong>. According to the ruling, the Distance Learning Protection Act (FernUSG)<\/strong> also applies to offers explicitly aimed at entrepreneurs<\/strong> \u2013 a groundbreaking step towards greater consumer protection in the coaching sector. <\/p>\n\n

What was the case?<\/strong><\/h2>\n\n

An independent investment broker had booked two expensive coaching programs (“Sales Genius Training”) \u2013 one of them costing over \u20ac35,000. After the promised benefits failed to materialize, the provider wanted to sue for payment, while the client demanded a refund. <\/p>\n\n

The result:<\/strong><\/h2>\n\n

The contracts are invalid<\/strong> due to a violation of Section 7 of the German Distance Learning Act (FernUSG)<\/strong>. The coaching provider did not possess the required state accreditation according to Section 12 of the FernUSG<\/strong>, even though her offer contained all the characteristics of a classic distance learning course. <\/p>\n\n

What criteria define coaching as distance learning?<\/strong><\/h2>\n\n

According to the court, the services offered constitute structured knowledge transfer<\/strong> \u2013 i.e., “instruction” within the meaning of the Distance Learning Act (FernUSG). Typical characteristics included: <\/p>\n\n

    \n
  • \ud83c\udfa5 Pre-made Learning Videos<\/li>\n\n\n\n
  • \ud83d\udcd8 Workbooks and training materials<\/li>\n\n\n\n
  • \ud83e\uddd1\ud83d\udcbb Individual coaching sessions for learning monitoring<\/li>\n\n\n\n
  • \ud83c\udfe0 Fully digital event without in-person meetings<\/li>\n<\/ul>\n\n
    \n

    Video calls also involve a physical separation, which is legally considered distance learning.<\/p>\n\n\n\n

    Quote from lawyer Istv\u00e1n Cocron<\/strong><\/h2>\n<\/blockquote>\n\n
    \n

    “This ruling is groundbreaking. It makes clear: Entrepreneurs also enjoy protection if coaching offers correspond to distance learning \u2013 many providers try to disguise their training as consulting.”\u2013 Attorney Istv\u00e1n Cocron, Cocron GmbH & Co. KG<\/p>\n\n\n\n

    Entrepreneurs are subject to the Distance Selling Act \u2013 clarification by the Higher Regional Court<\/strong><\/h2>\n<\/blockquote>\n\n

    Unlike in previous rulings, this case explicitly confirmed:Entrepreneurial contracts (\u00a714 BGB) also fall under the Distance Learning Protection Act, if the coaching program exhibits typical characteristics of distance learning.<\/p>\n\n

    What does this mean for coaching clients?<\/strong><\/h2>\n\n

    Review the contract \u2013 claim your money back \u2013 secure your rights.<\/strong><\/p>\n\n

    \ud83d\udccc Possible invalidity:Contracts without ZFU approval are invalid<\/strong> according to \u00a77 FernUSG \u2013 paid contributions can be reclaimed<\/strong>.<\/p>\n\n

    \ud83d\udccc Equality:<\/strong>Self-employed individuals and entrepreneurs<\/strong> can also invoke the FernUSG \u2013 not just consumers.<\/p>\n\n

    \ud83d\udccc Typical signs of distance learning:<\/strong><\/p>\n\n

      \n
    • Online platform with learning modules and video content<\/li>\n\n\n\n
    • Training materials or digital workbooks<\/li>\n\n\n\n
    • Regular Feedback Calls for Learning Monitoring<\/li>\n\n\n\n
    • No in-person contact with the coach<\/li>\n<\/ul>\n\n

      Recommended course of action: Here’s how to proceed<\/strong><\/h2>\n\n

      \ud83d\udd39 Have your coaching contract legally reviewed\ud83d\udd39 The following questions will help with the assessment:<\/p>\n\n

        \n
      • Was the content pre-produced and presented in a structured manner?<\/li>\n\n\n\n
      • Was the program primarily intended for knowledge transfer?<\/li>\n\n\n\n
      • Were there any progress check-ins regarding your learning?<\/li>\n<\/ul>\n\n

        \ud83d\udea8 Beware of large advance payments!Providers without ZFU approval are acting unlawfully \u2013 even if they present themselves as \u201cmarketing consultants\u201d or \u201cbusiness coaches\u201d.<\/p>\n\n

        Support from lawyer Cocron<\/strong><\/h2>\n\n
        \n

        “We represent clients nationwide in the recovery of excessive coaching fees \u2013 including against prominent providers in the online coaching industry.”\u2013 Attorney Istv\u00e1n Cocron<\/p>\n<\/blockquote>\n\n

        The law firm Cocron GmbH & Co. KG<\/strong>, with locations in Berlin<\/strong> and Munich<\/strong>, regularly reviews coaching contracts and enforces claims \u2013 both out of court and in court<\/strong>.<\/p>\n\n

        <\/p>\n","protected":false},"excerpt":{"rendered":"

        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 \u2013 a groundbreaking step towards greater consumer protection in the coaching sector. What was […]<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","news-kategorie":[32],"class_list":["post-3705","news","type-news","status-publish","hentry","news-kategorie-online-coaching"],"_links":{"self":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news\/3705","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:attachment":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/media?parent=3705"}],"wp:term":[{"taxonomy":"news-kategorie","embeddable":true,"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news-kategorie?post=3705"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}