In less than a year, pre-dispute arbitration agreements will be clearly permissible again now that the Department of Education has finalized its proposal to rescind the Obama administration’s “Borrower Defense” rule issued in...more
9/16/2019
/ Arbitration ,
Arbitration Agreements ,
Borrower Defense Rule ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Financial Products ,
Department of Education ,
Federal Family Education Loan Program (FFEL) ,
Federal Funding ,
Final Rules ,
Financial Institutions ,
Financial Responsibility Standards ,
Labor Regulations ,
Pre-Dispute Arbitration ,
Student Loans ,
Title IV
Last month, the Department of Education issued guidance on implementation of its “borrower defense” final rule that was issued in November 2016 and the subject of litigation that resulted in an October 2018 federal district...more
As we reported, the Department of Education announced earlier this month that it would begin implementing its “borrower defense” final rule which was issued in November 2016 by providing discharges of federal student loans...more
12/27/2018
/ Academic Misconduct ,
Arbitration ,
Arbitration Agreements ,
Borrower Defense Rule ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Consumer Financial Products ,
Department of Education ,
Educational Institutions ,
Federal Student Loans ,
Higher Education Act ,
Title IV
The “borrower defense” final rule (Final Rule) issued by the Dept. of Education in November 2016 took effect at noon Wednesday, after Judge Randolph D. Moss of the D.C. federal district court refused to grant the renewed...more
10/19/2018
/ Arbitration ,
Borrower Defense Rule ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Financial Products ,
Department of Education ,
Federal Student Loans ,
Higher Education Act ,
Rulemaking Process ,
Student Loans ,
Title IV
Earlier this week, Judge Randolph D. Moss of the D.C. federal district court heard oral argument on the renewed motion for a preliminary injunction filed by the California Association of Private Postsecondary Schools (CAPPS)...more
10/12/2018
/ Administrative Procedure Act ,
Arbitration ,
Borrower Defense Rule ,
Case Consolidation ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Education ,
Educational Institutions ,
Federal Student Loans ,
Final Rules ,
Good Cause ,
Higher Education Act ,
Motion To Enjoin ,
Preliminary Injunctions ,
Regulatory Oversight ,
Rulemaking Process ,
Title IV
The Department of Education has issued a proposal that would rescind the “Borrower Defense” final rule issued by the ED in November 2016 and replace it with the “Institutional Accountability regulations” contained in the...more
7/31/2018
/ Arbitration ,
Arbitration Agreements ,
Borrower Defense Rule ,
Class Action Arbitration Waivers ,
Department of Education ,
Educational Institutions ,
Higher Education Act ,
Popular ,
Pre-Dispute Arbitration ,
Proposed Rules ,
Student Loans ,
Title IV
The U.S. Supreme Court on Monday ruled that employers can lawfully require employees to resolve employment disputes through individual arbitration rather than by joining other employees in class or collective actions....more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The Department of Education, in an issue paper submitted as part of negotiated rulemaking on its final “borrower defense” rule, is proposing to require schools that use pre-dispute arbitration agreements and class action...more
1/18/2018
/ Arbitration ,
Arbitration Agreements ,
Borrower Defense Rule ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Education ,
Disclosure Requirements ,
Federal Student Aid ,
Higher Education Act ,
Regulatory Reform ,
Title IV
The California Association of Private Postsecondary Schools (CAPPS) has filed a complaint in D.C. federal district court against the Dept. of Education and Education Secretary Betsy DeVos to overturn the “borrower defense”...more
6/8/2017
/ Academic Misconduct ,
Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Borrower Defense Rule ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Consumer Financial Products ,
Department of Education ,
Educational Institutions ,
Federal Student Loans ,
Final Rules ,
Higher Education Act ,
Title IV
The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more