News & Analysis as of

Federal Student Loans

Hudson Cook, LLP

Nonbank Student Loan Servicer Agrees to a CFPB-Imposed Ban and to Pay $120 Million

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After more than seven years of litigation, on September 12, 2024, the CFPB filed the Stipulated Order reflecting its settlement with the Company over alleged violations of the CFPA, FCRA, and FDCPA....more

Ballard Spahr LLP

Walden University Agrees to Proposed Settlement to Resolve Reverse Redlining Claims

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On March 28, 2024, four former Walden University students (“Plaintiffs”) filed a proposed settlement both individually and on behalf of a putative class of current and former Walden University (“Walden”) students with the...more

Ballard Spahr LLP

CFPB and plaintiffs fully brief motion for preliminary injunction in trade group lawsuit regarding final credit card late fee rule

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The Consumer Financial Protection Bureau (“CFPB”) filed an opposition brief (the “Opposition”) on Tuesday in response to a request by plaintiff trade groups to enjoin the CFPB’s final credit card late fee rule (the “Final...more

Troutman Pepper

CFPB Reports on Student Borrowers’ Experiences During Return to Loan Repayment

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As federal student loan repayments resume after a three-year pause due to the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) published an Issue Spotlight on student borrowers’ experiences, using consumer...more

Hudson Cook, LLP

CFPB Bites of the Month - 2023 Annual Review - Student Lending

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In this article, we share a timeline of our monthly "bites" for 2023 applicable to student lending along with some information related to financial products and services offered to students....more

Ballard Spahr LLP

CFPB Report Identifies Challenges Faced by Borrowers in Resumption of Student Loan Payments

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The Consumer Financial Protection Bureau highlighted its observations of the resumption of federal student loan payments by consumers after more than three years of a payment moratorium due to COVID-19 in a report released on...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - January 2024 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Shipkevich PLLC

End of the Year for the CFPB? Not Yet! Another Order Obtained Against a Student Loan Service Provider

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On November 20, 2023, the Consumer Financial Protection Bureau (“CFPB”) announced that it had partnered with the 11 States of California, Delaware, Illinois, Massachusetts, Minnesota, North Carolina, Oregon, South Carolina,...more

Ballard Spahr LLP

Dept. of Education issues framework for student loan servicer accountability

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The White House signaled last week that, with the resumption of federal student loan payments, federal student loan servicers can expect to face increased scrutiny. The Department of Education issued a “Framework for Student...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Brownstein Hyatt Farber Schreck

Understanding the Student Loan Debt Policy Landscape

As part of its pledge to improve student loan programs and advance diversity and opportunity in higher education, the Biden administration has forgiven a total of $127 billion in student debt for 3.6 million borrowers,...more

Bowditch & Dewey

Department of Education Notification of Borrower Defense Claims

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Higher education clients who accept federal student loans may have recently received emails from the Department of Education (“Department”) notifying them of borrower defense claims seeking to avoid loan repayment obligations...more

Fisher Phillips

Federal Student Loan Payments Resume After 3-Year Pause: Here’s How Employers Can Help Their Workforce

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October is here. That means football is in full swing, pumpkin spice lattes are plentiful, and federal student loan payments will resume after being on pause since 2020. Employees with student loan debt are feeling the pinch...more

Beveridge & Diamond PC

Major Questions About the Major Questions Doctrine: The U.S. Supreme Court Employs the Major Questions Doctrine to Strike Down the...

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On June 30, 2023, the U.S. Supreme Court invoked the “major questions doctrine” for the second time, concluding that the Biden Administration’s plan to forgive $430 billion of federal student loans under the Health and...more

Orrick, Herrington & Sutcliffe LLP

Republicans introduce joint resolution of disapproval to overturn DOE’s student loan debt relief program

On March 27, Republican lawmakers Representative Bob Good (R-VA) and Senator Bill Cassidy (R-LA) introduced a joint resolution of disapproval under the Congressional Review Act to overturn the Department of Education’s (DOE)...more

McGuireWoods LLP

U.S. Department of Education Launches Secret Shoppers Program to Investigate Colleges and Universities

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Federal Student Aid’s Office of Enforcement announced a “secret shoppers” program as one of many tools to evaluate a college or university’s recruitment, enrollment, financial aid and other practices. The secret shoppers...more

Bond Schoeneck & King PLLC

U.S. Department of Education Updates List of Functions Covered by Third-Party Servicer Requirements under Federal Financial Aid...

The U.S. Department of Education (Department) recently surprised the higher education community with a Dear Colleague Letter (DCL GEN-23-03) that sets forth new guidance on third-party servicers with whom institutions of...more

Husch Blackwell LLP

Department of Education to Hold Higher Ed Leaders Personally Liable for Title IV Compliance Failures

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On Thursday, the Department of Education announced that, in certain circumstances, it will require leaders of institutions to assume personal liability as a condition of Title IV Federal Student Aid participation....more

Akin Gump Strauss Hauer & Feld LLP

Biden-Harris Administration Announces New Avenues to Provide Federal Student Loan Borrowers with Relief

Building on its previous efforts to reduce the cost of federal student loans, the Department of Education (DOE), as directed by the Biden-Harris administration, proposed a new rule on Tuesday, January 10, that would reform...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Proposes Revised Regulations on Borrower Defense and Other Student Loan Discharge Matters

On July 13, 2022, the U.S. Department of Education (the Department) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to revise its regulations governing student loan discharge standards...more

McGuireWoods LLP

U.S. Department of Education Officially Asserts Authority over Income Share Agreements

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On March 2, 2022, the U.S. Department of Education’s Office of Federal Student Aid (FSA) for the first time asserted regulatory authority over income share agreements (ISAs) as private education loans. FSA issued an...more

Alston & Bird

U.S. Department of Education Approves $415 Million in Borrower Defense to Repayment Discharges

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Our Education Team examines how the Borrower Defense Rule is again expanding under the Biden Administration, beginning with a huge decision involving, for the first time, for-profit schools that are still operating. Nearly...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 24

Here are 5 Changes Student Loan Borrowers Could See in 2022 - "Experts say that if student loan forgiveness is going to happen, it will likely be before the midterm elections." Why this is important: During the last...more

Hogan Lovells

Department of Education embarks on negotiated rulemaking

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On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

Ballard Spahr LLP

A Deep Dive into the Debate Over Federal Student Loan Forgiveness

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After reviewing the existing types of federal student loans and forgiveness programs, we discuss the current political debate over forgiveness, including the Education Dept.’s upcoming analysis of the President’s forgiveness...more

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