News & Analysis as of

Educational Institutions Borrowers

Bond Schoeneck & King PLLC

ED Statement Clarifies Cause of Recent Borrower Defense Activity

The U.S. Department of Education (ED) released a statement on Nov. 8, 2023, saying that the scores of borrower defense to repayment (BDR) application notifications that institutions of higher education (IHE) have received in...more

Cozen O'Connor

AGs Defend Borrower Defense Rule

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A group of 23 Democratic AGs, led by Massachusetts AG Andrea Joy Campbell, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit case Career Colleges and Schools of Texas v. U.S. Department of Education, et...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 3, Issue 12

Student Loans - Supreme Court Likely to Rule that Biden Student Loan Plan is Illegal, Experts Say. Here’s What that Means for Borrowers - “Long before the president acted, Republicans had criticized student loan...more

Manatt, Phelps & Phillips, LLP

Student Lending: CFPB Investigates Point-of-Sale Financing

A leading online payments system platform that offers point-of-sale (POS) financing reports it received a Civil Investigative Demand (CID) from the Consumer Financial Protection Bureau (CFPB) for allowing educational...more

Ballard Spahr LLP

Illinois enacts law to fund income share agreements; distinguishes them from loans

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Illinois’ Democratic legislature recently passed, and its progressive Democratic Governor, J.B. Pritzker, recently signed into law, the Student Investment Account Act, which establishes a Student Investment Account to be...more

Cooley LLP

Blog: Borrower Defense to Repayment Rule 3.0 – Part II: Student Relief

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On September 11, we published a detailed look at the portion of the Department of Education’s long-awaited revised Borrower Defense to Repayment Rule (BDTR) that focused on the elements directly impacting institutional...more

Faegre Drinker Biddle & Reath LLP

Final Rule on Borrower Defense and Financial Responsibility Published by U.S. Department of Education

On September 23, 2019, the U.S. Department of Education (ED or the Department) published in the Federal Register final regulations on Institutional Accountability, which revise its current regulations on borrower defenses to...more

Cooley LLP

Blog: At Long Last…ED Issues Guidance Regarding Implementation of the 2016 Borrower Defense to Repayment Rules

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Following a court ruling in September 2018 making the delayed Obama-era Borrower Defense to Repayment regulations immediately effective, the Department of Education has been promising guidance to institutions so they (and...more

Cooley LLP

Blog: Borrower Defense to Repayment: The Saga Continues

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Two years ago, we wrote about the Obama Administration’s proposed rules governing “Borrower Defense to Repayment,” based on one sentence in the Higher Education Act intended to protect federal student loan borrowers. Those...more

Cooley LLP

Blog: Another Disclosure Requirement for California Higher Education Institutions Signals an Accelerating State Role in Student...

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All higher education institutions in California, with the sole exception of the California Community College system, will – beginning with the 2018-19 academic year – have to provide their students an annual summary of their...more

Cooley LLP

Alert: All Institutions Face New Risks Under ED’s Final Borrower Defense Rule

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In this, the first in a series of client alerts that will explain the workings of the new Borrower Defense to Repayment Rule (BDTR), we explore what promises to be a series of rules, procedures and interpretations to be...more

McGuireWoods LLP

Department of Education Adopts Rules Increasing Student Loan Risk for Schools

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As we previously reported, in June the Department of Education (DOE) proposed new rules relating to when students could assert a borrower defense to repayment, effectively a discharge of student loans. On November 1, DOE...more

Ballard Spahr LLP

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

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The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more

Cooley LLP

Alert: New Student Debt Standards Could Allow Massive Loan Forgiveness

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While the Negotiated Rulemaking has concluded, the issues embedded in the Borrower Defense to Repayment regulation (BDTR Rule) remain under active discussion within the US Department of Education and promise to change the...more

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