Do you know " Consumer Complaint Form" Let's take legal action!

[19 times TSE test taker]

I took TSE 19 times since 2004. More than last one year, I kept receiving score of 45, but suddenly I got the score of 40 for my March 06 exam which was the best performance to date. Also, I got 40 for my rescoring for my Jan 06 exam. I studied with a native speaker and my speaking ability improved significantly and it is difficult to understand that I got 40 now.

Therefore I took my legal actions against ETS to N.J. State.

I want to share the copy of document to be submitted to ETS and N.J. State. Please see the following in detail. If you also have similar experience and want to take your action, I encourage you to go to NJ consumer protection (http://www.state.nj.us/lps/ca/ocp/ocpform.htm) and file your case through online.

To:Representative of Test of Spoken English (TSE), ETS (Educational Testing Service)

P.O.Box 6151, Princeton, NJ 08541-6151, USA

C.C. Attorney general of ETS

C.C. New Jersey Division of Consumer Affairs, Office of Consumer Protection

I am a test taker of Test of Spoken English (TSE), which was held on March 10th, 2006. The purpose of this letter is to ask ETS to 1) rescore my March exam fairly and 2) provide accountable service to test takers.

I received my score report for the March 6 exam from ETS today and it was 40. I strongly believe that ETS has made a mistake in recording scores such as mixing up tapes or that someone is maliciously giving low scores.

I have consistently got 45 more than one year (see ANNEX 1) and the March exam was one of my best test performances to date. I could not believe my score of 40 on my March 6 exam. I have studied for TSE consistently with a native English speaker every other day since December 2004. And, I have also received feedback from other native speakers about my language improvement. Based on their evaluation, the score decline should never happen and all native speakers including my teacher are expecting my score changed to 50.

To be honest, I do not think that ETS is providing their customers (test takers) accountable TSE testing services for the money we pay. I asked for rescoring for my January 6 exam and my score was changed from 45 to 40 with a delay of sending the score report. Many test takers have complained that they automatically have received 40 for their test rescoring for last several months. It is quite ridiculous that not a single person has received a 50 or even the same score of 45.

At this time, I sincerely ask you to rescore my March exam fairly. According to the score guideline called “the TSE and Speak Band Descriptor”, which is on the Appendix B in the TSE and Speak Score User Guide (http://www.ets.org/Media/Tests/TOEFL/pdf/008659.pdf), score 40 is explained “sometimes runs out of time”. I never ran out of time in any of the nine questions on either my March 6 exam or the Jan 6 exam. I could not understand how ETS can give me the score of 40 on my March 6 exam and I strongly believe that it was made by mistake or maliciously.

And, if my score of March 6 exam is not changed to 50 after the rescoring, I need to ask you to 1) identify that the tape was indeed my voice and 2) give me a clear and understandable explanation in which part (functional competence, sociolinguistic competence, discourse competence, linguistic competence), and how I failed based on the score guideline. I have a right to do this under the Freedom of Information Act of the U.S.A. Especially, I really deserve to receive the service considering that I have already paid US $2,500 for test fees to ETS since 2004.

I really hope that you show me professional consideration.

Sincerely yours

The list of attached document:

1)The copy of “Consumer Complaint From” submitted to Office of Consumer Protection, New Jersey State

2)Annex 1: My TSE testing record

3)The copy of TSE and Speak Band Descriptor by ETS

4)TSE rescoring request form

To: New Jersey Division of Consumer Affairs, Office of Consumer Protection

124 Halsey Street, PO Box 45025 Newark, N.J. 07101

C.C.: Representative of Test of Spoken English (TSE), ETS (Educational Testing Service)

C.C. Attorney general of ETS

I took Test of Spoken English (TSE) hold by Educational Testing Service (ETS) on March 10th, 2006. I received the score of 40 on the March exam. However, considering that 1) I have consistently got 45 for more than one year (see ANNEX 1), 2) the March exam was one of my best test performances in the past, 3) I have studied for TSE consistently with a native English speaker every other day since Dec 2004 and received feedback from other native speakers about my language improvement, and 4) my performance on March exam does not fit the score guide line (See Annex 2, the score 40 is explained “sometimes runs out of time”. But, I never ran out of time in any of the nine questions on my March 06 exam), I do not think ETS is rating my March exam in a fair way or they have made a mistake in recording the scores such as mixing up the tapes, or a grader is acting maliciously.

I am now on the process to asking for a rescoring on the March 6 exam. However, I do not think that ETS is doing the rescoring service in a reliable and appropriate way recently considering that 1) many test takers have complained at that they automatically received 40 for their test rescoring for last several months. It is quite ridiculous that not a single person has received 50 or even the same score of 45, and 2) my rescoring for the January 6 exam was also 40 though my performance does not fit the guidelines.

To conclude, I believe that the ETS is not providing accountable testing services to consumers (test takers), although we pay US $125 per exam (in my case I have already paid US $2,500 to ETS). I ask the Office of Consumer Protection in New Jersey State to look into the following things so that the ETS provides fair TSE testing service to consumers (test takers).

Have ETS rescore my March 6 exam fairly

If my score on March is not changed to 50 after rescoring,

- Please have ETS identify that the tape is my voice

- Have ETS give me a clear and understandable explanation in which part (functional competence, sociolinguistic competence, discourse competence, linguistic competence) that I failed based on the score guidelines.

I have a right to do this information under the Freedom of Information Act in the U.S.A. Especially, I really deserve to receive better services from ETS because I have already paid US $2,500 for test fees to ETS since 2004, yet they seem unconcerned about the service they provide to test takers.

I sincerely hope that your office seriously considers this case and take appropriate actions in follow up.

Sincerely yours.

The list of attached document:

1)The copy of the score report on March 06 exam (to be sent by mail)

2)The letter to the ETS (attached electronically on this document)

3)Annex 1: My TSE testing record (attached electronically on this document)

4)Annex 2:The copy of TSE and Speak Band Descriptor by ETS(to be sent by mail)

5)The copy of TSE rescoring request form　(to be sent by mail)

Note: This is the partial copy of document submitted to ocpcmpl@lps.state.nj.us through http://www.njconsumeraffairs.gov/ocp/ocpform.htm on Monday, April 24, 2006 at 11:22:44

[sub_zer0]

Oh my God!! u took it 19 times!!!!!!!!!!!!!!!!!!!!

[matt]

I took TSE 26 times! [clap]

[knok]

19 times TSE test taker,

 

God is real.. I pray every single night for 5 months that I hope that someone will take the lead.. Thank you.[clap]

 

I was told by my professor two days ago about what you are doing,(exact words in your letter, just a coincidence.) If NJ Attorney does not response in a proper time, hire a private lawyer.

 

Actually, I sent the complaint to NJ and MO attorney general in December 2005, complaining about both TSE and TOEFL iBT. I took iBT in December. During the reading section, I could not change some of answers.There were technical problems with my computer. I sent a complaint to ETS but no response, no refund, or no action of offering me another test.

 

Then, my professor at my university asked me to send the complaint to ETS again (twice) and attorney general.

 

I received a letter from NJ attorney general on January 10, 2006, stating that my complaint was forwarded to the Division on Civil Rights (Division) for reply. I am waiting. It has been 5 months. For MO attorney general, my letter was forwarded to Comsumer Affair. My professor told me, "Don't wait too long. Your son is going to go college next year. Your have to move on."

 

Let's do it, guys.:tup:

 

Thank you for your effort. Keep praying.. It is the first time that I pray about this action every single night. Even my professor in my businesss program who was very strict about course grade mentioned to me, " I don't understand why you could not pass this test. I understand every single word you speak. Your speech is clear and easy to understand." Yeah! he graduated from UC-Berkeley. I am going to see him today about my son's university choices.

 

God bless us all.

 

Best Regards,

Knok

[Rammy]

Hi 19timestsetesttaker,

I appreciate your effort. Friends who are in US and paying taxes should do the same thing. Some of our friends are out side USA, we cannot do about complaining. Atleast you people do some thing, we all bring this to NABP notice and we can fight and ask for some alternate test. Friends this is right time, we should act.....All the best friends....

 

Rammy

[Rammy]

Hi Friends,

ETS has cancelled TOEFL iBT on 29th April in Toronro, Canada. When exam takers went in the morning to the exam centre they found that the exam was cancelled and rescheduled to July 29th. Reason, there was problem with the server. What a great organ organization? Now test takers have to wait for three more months to take exam because no dates are available. Is it happened some where else?

 

Rammy

[amol_talwar]

This is Amol here from Toronto ..and here is my short sweet story ..:D..

I left everything for TOEFL iBT exam. I left my job, took break from my college, studied late night and on the final day when I reached examination center; all that I saw was a notice that my exam has been reschedule to 29th of july.The reason given was that "THE SERVER IS DOWN" or some thing like that. I m surprised that such a big organisation has no backup server to cover up this mess. For their server-down problem i have to again prepare for the exam because i dont have server in my head to store all the data. Its my brain and i have to prepare all the stuff again !:wallbash:

 

:notworthy Canada is really great.... but whom should i complaint for all this harrasment?? :confused:

[knok]

I am really sorry to hear that.

 

You all should get together and bring attention to NABP as soon as possible. I am serious. Also, the registration for TSE is still on. It is better than waiting for another 3 months.

 

Internet is not reliable. I am not surprise why on my iBT, I could not change the answers. This is another reason why NABP stopped using computer for FPGEE.

 

Good luck.:D

Knok

[sub_zer0]

Oh my God!:eek: :mad:

Are u guys sure of what u'r saying?! If that's true,so i have nothing to say except God be with all of u,u'r dealing with the most disgusting organization all over the world.

I really can feel what u'r going through. I can't imagine myself having the same situation,but really God will reward u all for ur patience.

[arunabhatt]

While I do not reside in NJ, I would like to raise my voice of all the people in this forum doing their fair share in making this organization do its job fair and square. I say go for it folks. If there is anything I can do from my end, I'd be glad to do so.

Aruna

[TNguyen]

I am on my 9th time with this &%$% exam that consistantly keep on raising the bar. I am just dissappointed that NABP is not seeing what ETS is doing to us.

 

Btw, I just wanted to correct a technicality from 19 times TSE test taker's post. NABP is the ETS customer, not us. We are the ones that are paying for it though, both literally and figuratively.

[Rammy]

Hi Friends,

You may know that NAPLEX is conducted by ETS and NABP and ETS have agreements, that may be the another reason why NABP is ignoring our complaints and frustration and not allowing alternative exam. Bring this to NABP's notice. It is time to act. Come together and fight this evil organization ETS.

 

Rammy

[19 times TSE test taker]

Hello, everyone. I am 19 times TSE test taker.

Currently, I live in outside of U.S.A., but I filed the case in N.J. State.

As long as I know, we can file the case on the state where you live or where the company locates.

So, I encourage you to file the case to N.J. State, if you live outside of the U.S.A. I hope it helps. :)

[knok]

According to my knowledge after taking international business law in year 2001, the plaintiff must file the case at the state or country where the misconduct takes place.

 

For example, if an organization C located in NJ does business in country A such as bidding the contract in country A and does the bribery in country A, the competitor B who has headquarter in country B, must file a lawsuit against company C in country A. In this case, the test was conducted through the internet which has no boundary. You may have to ask a lawyer where we should file the case. In my case, I filed both NJ and MO. They did not refuse my case. I am not sure whether it should be IL as well or not.

 

Good luck.

 

Knok

[takku]

Hi 19 times test taker,,

you are right.we need to take some steps to fight against this ridiculous test. I think almost all TSE people speak good than any other professionals. why this IT people don't need to take the test. So US need only their brain!!! If some state accept 45 , why can't others,, All native people understand the same way ,right? Or is there is any difference in Native people in FL than ppl in NJ or Ny..

Anyway thank God, NABP took out the limit of 2yrs for these Tests..

I'm taking the TSE on this 13th,, & hoping a score of 50.. Please pray for me , Thanks Takku

[minkimmd]

I strongly support you guys!

We have to do something with this bad organization. It is as bad as INS..

[dem_rose_joy]

hello everyone in this form.

this is my first time to log in this forum. Luckily I got all your tips in taking the TSE.

May 13, '06 will be my first time to take the TSE. Thanks for this site. 4 days to go at least I got great tips.

Thanks to all people who unselfish gave thier tips.

I'm praying for the success of all test takers.

let's just believe in ourselves that we can make it and that God will take care of the rest........

Best of luck to all testtakers on May 06.

 

Joy

[takku]

hi friends,

I'm taking TSE onthis 13th.. as the days are approaching I"m becoming nervous. Please pray for me to get a score of 50.

TAkku

[foodtown]

hello guys

i have the same problem for tse that i took the test 20 times and every time i get the same score 45 and when i asked for rescore they gave me 40 or i got the same score i do not know i f i can file a case i live in new york not in nj and now i ende up taking the ibt exam which is really hard for every body

[Tseprep]

I know how hard TSE has been to many people, but now the TSE is no longer available in the U.S. the complaints most of you made, might be moot point. Did anyone hear from the Attorney General, or the Consumer Affairs Department? I just wonder what would happen to your complaints when they find out TSE is no longer given in the U.S. and will no longer given after March next year (assuming that March is the last TSE test), I suppose people can make the same complaint with the ibt but it is too early to say that ibt speaking is unfair. From what I see ibt speaking is easier than TSE (it seems like it anyway) and it has been only a year since ibt started and we don't have enough information about how many people took the test and how many got 26 on speaking (never mind about other parts of the test). So good luck, and let's see what happen to the complaints.

[19 times TSE test taker]

Dear Tseprep

 

The complaint worked finally and I got 50. Please, look at my message on the following page (4th and 7th message is mine and it is related to the result of my complaint).

 

http://www.www.urch.com/forums/tse/55937-tse-test-center-info-india.html

 

 

I know how hard TSE has been to many people, but now the TSE is no longer available in the U.S. the complaints most of you made, might be moot point. Did anyone hear from the Attorney General, or the Consumer Affairs Department? I just wonder what would happen to your complaints when they find out TSE is no longer given in the U.S. and will no longer given after March next year (assuming that March is the last TSE test), I suppose people can make the same complaint with the ibt but it is too early to say that ibt speaking is unfair. From what I see ibt speaking is easier than TSE (it seems like it anyway) and it has been only a year since ibt started and we don't have enough information about how many people took the test and how many got 26 on speaking (never mind about other parts of the test). So good luck, and let's see what happen to the complaints.

[Tseprep]

Dear Tseprep

 

The complaint worked finally and I got 50. Please, look at my message on the following page (4th and 7th message is mine and it is related to the result of my complaint).

 

http://www.www.urch.com/forums/tse/55937-tse-test-center-info-india.html

 

Dear 19 Times,

 

You deserve the score, TSE is a hard test to crack, and it is even harder on rescore. Is this where you asked for a rescore on your 40 and you got 50? If so wow! I heard of 45 getting 50, but I never heard 40 going up to 50 before. Once again congrats and good luck to your future.

[19 times TSE test taker]

Dear Tseprep

 

No, the rescore result is as folows.

1) 40 became 45 for March exam

2) 45 became 50 for April exam.

 

But, most of the time, except for March and April exam, my score changed from 45 to 40 by rescoring. I knew that it is very common because someone had mentioned about it at testmagic com, here.

So, if you get 40 as a result of rescoring, do not upset!

 

 

Dear 19 Times,

 

You deserve the score, TSE is a hard test to crack, and it is even harder on rescore. Is this where you asked for a rescore on your 40 and you got 50? If so wow! I heard of 45 getting 50, but I never heard 40 going up to 50 before. Once again congrats and good luck to your future.

[Tseprep]

Dear Tseprep

 

No, the rescore result is as folows.

1) 40 became 45 for March exam

2) 45 became 50 for April exam.

 

But, most of the time, except for March and April exam, my score changed from 45 to 40 by rescoring. I knew that it is very common because someone had mentioned about it at testmagic com, here.

So, if you get 40 as a result of rescoring, do not upset!

 

As long as you got 50 on a rescore, which is pretty rare. That is the most important thing. Once again good luck to your future.

[amol_talwar]

tel me how we have to allow up after filling the complaint to consumer board . Please let me know