News & Analysis as of

Loan Forgiveness Department of Education

Ballard Spahr LLP

Department of Education Faces Major Setback in SAVE Litigation

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In an unsigned order dated August 9, 2024, the U.S. Court of Appeals for the Eighth Circuit signaled its frustration with the U.S. Department’s ongoing efforts to proceed with implementation of its much-debated SAVE repayment...more

Orrick, Herrington & Sutcliffe LLP

FTC halts deceptive student loan debt relief operation and freezes assets

On June 28, the FTC announced an enforcement action against a student loan debt relief operation that allegedly took over $20.3 million from consumers by falsely claiming affiliation with the Department of Education and...more

Orrick, Herrington & Sutcliffe LLP

SAVE Plan partially blocked by 2 federal judges

Recently, two district court judges partially blocked President Biden’s student debt relief program, known as the Saving on a Valuable Education (SAVE) plan. ...more

Ballard Spahr LLP

Federal Judges Block Biden Student Loan Forgiveness Plan

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Two federal judges recently said that the Education Department lacked the power to reduce or cancel federal student loans under the SAVE program; an appeals court subsequently lifted the injunction in one case....more

Orrick, Herrington & Sutcliffe LLP

Biden announces student debt cancellation for borrowers who attended “predatory” institutions

On May 1, the Biden Administration announced the approval of $6.1 billion in student debt cancellation for 317,000 borrowers who attended a system of art schools, which the Administration accused of engaging in deceptive...more

Ballard Spahr LLP

Appellate court upholds $21 million judgment against for-profit college regarding unfair competition and false advertising claims

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On February 20, 2024, the California Court of Appeal largely affirmed an eight-figure judgment against Ashford University (“Ashford”), an on-line, for-profit college, and its parent company, Zovio, Inc. (formerly Bridgepoint...more

Troutman Pepper

Department of Education Cancels $5B More in Unpaid Student Loans

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The U.S. Department of Education (ED) recently announced the approval of an additional $4.9 billion in student loan forgiveness for 73,000 individuals. The relief was provided through several modifications to the...more

Orrick, Herrington & Sutcliffe LLP

Biden Administration, DOE withhold payments to student loan servicers

On January 5, the Biden Administration and the U.S. Department of Education (DOE) announced they are withholding payments to three student loan servicers as part of their efforts to strengthen protections for student loan...more

Spilman Thomas & Battle, PLLC

Biden's Reforms and 813,000 Student-Loan Borrowers

The White House recently announced that approximately 813,000 borrowers whose accounts were adjusted in August 2023 will receive an email from President Biden that their loans are being forgiven. This is based on the U.S....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 10, December 2023

In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...more

Williams Mullen

PODCAST: Williams Mullen's Gavels & Gowns - Responding to Borrower Defense to Repayment Applications

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In this episode of Gavels & Gowns, an Education Law podcast, co-hosts Hal Johnson and Micah Schwartz discuss the U.S. Department of Education’s Borrower Defense to Repayment program, which involves federal student loan...more

Bricker Graydon LLP

BDR Activity on the Rise Amid Unclear Rules and an Executive Effort to Delete Student Loan Debt; Who will Pay the Tab?

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Borrower Defense to Repayment (BDR) refers to the administrative process by which borrowers apply to the U.S. Department of Education (ED) to have their federal Direct Loans discharged based on allegations of school...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - October 2023 #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

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

Husch Blackwell LLP

Federal Appeals Court Blocks Department of Education's New Borrower Defense to Repayment Rules

Husch Blackwell LLP on

On Monday, the U.S. Court of Appeals for the Fifth Circuit issued a nationwide injunction blocking the U.S. Department of Education (ED) from implementing its new borrower defense to repayment (BDR) rules. The BDR rules,...more

Ballard Spahr LLP

Biden loan forgiveness alternatives face new challenge

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Less than six weeks after the U.S. Supreme Court held that President Biden lacked authority to advance his signature effort to forgive upwards of $430 billion in federal student loans, a new challenge has been filed to other...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, August 2023

Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools - On June 27, 2023, the Pregnant Workers Fairness Act went into effect. This new law requires covered...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court blocks student debt relief program

On June 30, the U.S. Supreme Court issued a 6-3 decision in Biden v. Nebraska, striking down the Department of Education’s (DOE) student loan debt relief program (announced in August and covered by InfoBytes here) that would...more

ArentFox Schiff

SCOTUS Update: Administrative Law Takeaways from Biden v. Nebraska

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Last week, the US Supreme Court ruled that the Biden Administration’s efforts to cancel $430 billion in student loan balances was legally unsupportable. Forty-three million Americans will remember Biden v. Nebraska when...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: The U.S. Supreme Court’s Decision Invalidating the Biden Administration’s Student Loan...

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Last Friday, the U.S. Supreme Court ruled that the Biden Administration did not have the legal authority to proceed with its plan to forgive approximately $400 billion in federal student loans. After reviewing the background...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Strikes Down Student-Loan Forgiveness Act

On June 30, 2023, the Supreme Court held that the Secretary of Education did not have the authority to implement the Biden Administration’s student loan forgiveness plan (“Biden Plan”). The decision will cancel the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

High Court Strikes Down President Biden’s Student Loan Relief Program

The Supreme Court of the United States, on June 30, 2023, struck down President Biden’s student loan relief program that was set to provide partial debt cancellation to approximately 40 million student loan borrowers. As a...more

Dorsey & Whitney LLP

The Supreme Court Update - June 30, 2023

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Today, in the last day of the 2022-2023 term, the Supreme Court of the United States issued three decisions: Department of Education v. Brown, No. 22-535; Biden v. Nebraska, No. 22-506: These cases addressed suits...more

Shipkevich PLLC

FTC Awards $3.3 Million to Victims of Deceptive Student Loan Debt Relief Scheme

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On June 14, 2023, the Federal Trade Commission (FTC) announced that it will be providing over $3.3 million in payments to consumers who fell victim to the deceptive practices of Arete Financial Group (“Arete Financial”), a...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

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