The BGH ruled on June 12, 2025: online coaching contracts without ZFU approval are invalid — even in B2B. Customers can reclaim amounts already paid. Coaches must now check whether to draw a legally sound distinction or apply for ZFU approval.
Clience.Legal has known both sides of this issue for years: coaches and agencies whom we protect against refund claims, cease-and-desist letters and class actions — and customers whom we help enforce full refunds.
If all four criteria are met, ZFU approval is mandatory. Without it, the contract is void ex tunc — even in B2B business.
Every paid service meets this criterion — subscription, members’ area, package price, installments, even in B2B. “We only sell community access” offers no protection if learning content is the reason for the purchase.
It is enough if knowledge, methods or skills are taught in a structured way — whether it is called “mentoring,” “consulting” or a “program.” The content is what counts.
Online formats count as separated. Live calls do not help if they are recorded or take place predominantly online. Hybrid models with a predominantly online share meet the criterion.
Mandatory assignments, worksheets, submission deadlines, scorecards, Q&A with an exam character, mandatory feedback loops and individual progress checks count as monitoring. If there is none, the criterion may not be met.
Consequence: once a complete application has been filed, the ZFU has a maximum of 3 months; after that, approval is deemed granted. Customers often get their money back without having to pay compensation for value received.
No ZFU approval means a 100% refund, even for business customers.
14 days — or 12 months + 14 days if the withdrawal notice is defective.
On grounds of deception or duress.
In case of defective performance.
In case of a grossly disproportionate price-performance ratio.
As a further way out.
72h risk audit with heatmap.
Strategy for staying outside the FernUSG or obtaining ZFU approval.
Review/adjustment of contracts, withdrawal policies, sales pages, ads, sales scripts, onboarding processes.
Defense against refund claims and class actions.
Monitoring of relaunches, new rulings and product changes.
FernUSG score, clear roadmap (stay outside or obtain approval), priority list.
Quick check of the most effective leverage for recovery, a roadmap, and cost transparency.
We will get back to you as soon as possible.
Yes. On June 12, 2025 (Case III ZR 109/24), the Federal Court of Justice (BGH) ruled that the Distance Learning Protection Act (FernUSG) protects not only consumers but also entrepreneurs who book an online coaching or mentoring program. If such an offering requires approval and approval from the State Central Office for Distance Learning (ZFU) is missing, the contract is void. Participants can then reclaim amounts already paid.
If your offering meets all four criteria of the FernUSG: it is paid, it imparts knowledge or skills, instructors and participants are predominantly physically separated (e.g., in video courses, membership areas or recorded calls), and learning success is monitored, for example through mandatory assignments, worksheets, submission deadlines or individual feedback. If all four criteria are met, you need ZFU approval.
Yes. If one of the four characteristics is missing, the FernUSG does not apply and you do not need approval. In practice, the starting point is usually the monitoring of learning progress: no mandatory assignments, tests or submission deadlines, no individual progress checks, live formats without mandatory recordings where possible, and no educational vocabulary such as “academy” or “curriculum”. What matters is that the contract, T&Cs, marketing and the actual process reflect this consistently. A label such as “mentoring” alone does not protect you — what counts is what is actually offered.
With complete documents, the ZFU usually decides within about three months; however, the authority is currently very busy. Add about three months for preparing the application, i.e. course materials, contract terms and advertising material. Plan for around six months in total.
You compare the shares: on the one hand the live sessions, where coach and participants are connected at the same time; on the other hand everything that is used asynchronously – videos, recordings, work materials and assignments. Each component is converted into teaching units using a plausible time estimate, for example based on the actual video length and a realistic processing time. If the asynchronous share predominates, this indicates physical separation within the meaning of the FernUSG.
If the contract is void due to the lack of ZFU approval, you can reclaim amounts already paid. Depending on the case, withdrawal, contesting the contract, rescission or unconscionability may also apply. We review your contract for all of these options, reclaim the payments from the provider and, if necessary, enforce the claim in court.
The initial consultation (15 to 20 minutes, by phone) is free and non-binding. Before any costs arise, you receive a quote: a fixed price for clearly defined tasks where possible, otherwise at an hourly rate (€350 net per hour). You'll find all models under Pricing & Terms.
Attorney, Certified Specialist in Commercial and Corporate Law
Darius Dubiel is a Certified Specialist in Commercial and Corporate Law with a particular focus on compliance advisory, restructuring, insolvency law, digitalization and the use of artificial intelligence (AI) in a corporate context. He specializes in corporate law, legal support for coaches and questions of insolvency and restructuring law. Another focus is representing coaches and educational providers in proceedings concerning the Distance Learning Protection Act (FernUSG), ZFU approval and refund claims by customers.
