Daycare billing during COVID19 pandemic

[Anonymous]

Is it legal for day cares to still bill during this time? They are operating as an essential daycare and simultaneously collecting monies from families who are not essential. We get the fact that teachers still have to be paid but they are running a very bare bones distance learning (a daily 20 minute Zoom). Having paid April, which our kid did not attend, was that legal? The last attendance date for our child was mid-March. The contract states we have to pay irrespective of Acts of God, holidays, etc. Yet, in this situation there is no way they can uphold their end of the contract which is to be open from 7 am to 7 pm Monday - Friday. We are about to ask to have our April payment credited to the payment for when we return....if we return.

[Anonymous]

I thought Hogan said no paying during a state of emergency? Call, it may just be an automatic billing error.

[Anonymous]

The contract is the contract. What’s the termination provision?

[Anonymous]

You should have invoked your termination clause. No time like the present. Assuming you aren't afraid you won't be able to find a new spot later.

[Anonymous]

Anonymous wrote:I thought Hogan said no paying during a state of emergency? Call, it may just be an automatic billing error.

I remember some tweet from a staff member who said they would look into the issue. Has there been anything more concrete?

[Anonymous]

https://www.fox5dc.com/news/parents-accuse-day-care-centers-of-issuing-threats-pay-up-or-else

[Anonymous]

Anonymous wrote:Is it legal for day cares to still bill during this time? They are operating as an essential daycare and simultaneously collecting monies from families who are not essential. We get the fact that teachers still have to be paid but they are running a very bare bones distance learning (a daily 20 minute Zoom). Having paid April, which our kid did not attend, was that legal? The last attendance date for our child was mid-March. The contract states we have to pay irrespective of Acts of God, holidays, etc. Yet, in this situation there is no way they can uphold their end of the contract which is to be open from 7 am to 7 pm Monday - Friday. We are about to ask to have our April payment credited to the payment for when we return....if we return.

You have no case. They are still billing as they are doing distance learning. If they are smart they have a discount to you for April. They have every right to ask for compensation for you to keep a spot especially if they are doing distance learning. Also why wouldn’t you want to continue to support your child’s school? I imagine your answer is financial. However, your school needs to remain viable to continue to pay teachers and expenses so it can be around when we return. If you don’t pay you don’t deserve one of the spots that many will take when it’s over. I’m empathetic to your financial situation but they are a business as well. Again, you have no legal case.

[Anonymous]

Distance learning does not equal daycare. The point of daycare is for someone to watch your child while you can't. Period. If you don't want to pay, give your notice and terminate services per your contract. We did. There will be plenty of spots for your kid once this is all over.

[Anonymous]

Here is an FAQ from Maryland.

https://www.marylandattorneygeneral.gov/Pages/COVID19/default.aspx

Most contracts won't be completely clear on this. Most will have something that you have to pay for snow closures and quite possibly other broader language about emergencies. Depending on what the contract states exactly, a parent would have a better or worse argument.

But, these policies are written by the daycare and a fundamental tenet of contract interpretation is that ambiguities are interpreted against the drafter. So, if the policy isn't clear that payment is due under such circumstances, you would have a decent argument.

10. My child's daycare/preschool is closed but is still collecting tuition. Can they do that?

You may wish to first look at the terms of your contract to see if it includes any language about what your responsibility is in a situation like this. If it doesn't say anything and you're not able to resolve the matter with the daycare provider or preschool, you can file a complaint with our Consumer Protection Division; we may be able to mediate with the provider on your behalf.

To submit a complaint on our website, go to www.marylandattorneygeneral.gov. Click on "File a Consumer Complaint" and choose the General Complaint Form. You can also download a paper complaint form, including instructions for filing, from our website. Alternatively, you may send a letter describing your complaint, along with copies of relevant documentation to: Consumer Protection Division, 200 St. Paul Place, Baltimore, MD 21202. Instead of mailing, you may fax this information to 410-576-7040. We are unable to accept complaints by email.

[Anonymous]

Our school closed mid March. We were billed for April given a 20% discount and obviously we weren't charge for catered lunch. As for May I'm not sure what the plan is.

[Anonymous]

Parents with contracts should not be sent to collections for not being able to pay when the center is closed, even if their contracts cover that eventuality. Staying enrolled should be completely voluntary. On the other hand, centers should be able to offer the spots vacated by those families to people in their waitlist who may be willing and able to pay for those spots in advance of being able to use them, so the center can cover expenses while closed and be able to reopen when the crisis is over.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Is it legal for day cares to still bill during this time? They are operating as an essential daycare and simultaneously collecting monies from families who are not essential. We get the fact that teachers still have to be paid but they are running a very bare bones distance learning (a daily 20 minute Zoom). Having paid April, which our kid did not attend, was that legal? The last attendance date for our child was mid-March. The contract states we have to pay irrespective of Acts of God, holidays, etc. Yet, in this situation there is no way they can uphold their end of the contract which is to be open from 7 am to 7 pm Monday - Friday. We are about to ask to have our April payment credited to the payment for when we return....if we return.

You have no case. They are still billing as they are doing distance learning. If they are smart they have a discount to you for April. They have every right to ask for compensation for you to keep a spot especially if they are doing distance learning. Also why wouldn’t you want to continue to support your child’s school? I imagine your answer is financial. However, your school needs to remain viable to continue to pay teachers and expenses so it can be around when we return. If you don’t pay you don’t deserve one of the spots that many will take when it’s over. I’m empathetic to your financial situation but they are a business as well. Again, you have no legal case.

You are completely clueless

[Anonymous]

Why does nobody read the contract and see what the termination provision is

[Anonymous]

Anonymous wrote:Why does nobody read the contract and see what the termination provision is

Pretty sure everyone is scouring their contracts right now. It’s the interpretation of vague provisions during an unprecedented time that is the problem.

[Anonymous]

Anonymous wrote:Our school closed mid March. We were billed for April given a 20% discount and obviously we weren't charge for catered lunch. As for May I'm not sure what the plan is.

Your school is kindly charging parents only 25% for May. Don’t act like it hasn’t been spelled out for you.