News & Analysis as of

Misrepresentation Department of Education

Snell & Wilmer

Navigating New Department of Education Guidance Amid Shifting Judicial Precedents

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In its final days, the Biden Department of Education issued a Dear Colleague Letter regarding misrepresentations made by third‐party service providers engaged by institutions of higher education. This new guidance, published...more

McGuireWoods LLP

Higher Education Institutions Cautioned Against Misleading Statements About External Service Providers

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On Jan. 14, 2025, the U.S. Department of Education issued guidance through a Dear Colleague Letter that, if left in place by the new administration, could significantly expand Federal Student Aid program reviews, attorney...more

Holland & Knight LLP

U.S. Department of Education Focuses on Misrepresentation by Higher Education, Partners

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In the final days of the Biden Administration, the U.S. Department of Education (ED) announced a number of policy initiatives and enforcement actions related to ED's misrepresentation regulations for institutions of higher...more

BakerHostetler

(Cyber)Security Theater 101 - Georgia Tech, a Teachable Moment

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On August 22, 2024, the United States intervened in a whistleblower suit against the Georgia Institute of Technology, initially filed by current and former members of Georgia Tech’s cybersecurity team, alleging that Georgia...more

Cozen O'Connor

The State AG Report – 5.9.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Republican AGs Seek to Unplug DOE’s Appliance Efficiency...more

Cozen O'Connor

U.S. Department of Education Discharges Student Loans for Victims of Alleged Ashford University Deceit

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The U.S. Department of Education (DOE) approved $72 million in borrower defense to repayment discharges for students of online for-profit school Ashford University, which allegedly made substantial misrepresentations to...more

Bradley Arant Boult Cummings LLP

CFPB Sends Signal to Student Loan Servicers Through UDAAP Consent Order

The Consumer Financial Protection Bureau’s (CFPB) focus on ensuring loan servicers’ compliance with the implementation of the Public Service Loan Forgiveness (PSLF) program continues. On March 30, 2022, the CFPB entered into...more

Ballard Spahr LLP

Third Circuit rules CFPB lawsuit against federal student loan servicer did not preclude PA AG’s parallel lawsuit, federal law did...

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The U.S. Court of Appeals for the Third Circuit ruled last week in Commonwealth of Pennsylvania v. Navient Corp. that the PA Attorney General could bring a parallel enforcement action against Navient, a servicer of federal...more

Bradley Arant Boult Cummings LLP

Misrepresentation Claims Not Preempted: Eleventh Circuit Rules Against Preemption in Student Loan Case

As we’ve been tracking for over a year now, courts across the country have addressed the significant question of whether the federal laws governing federally owned or guaranteed student loans preempt state laws placing...more

Holland & Knight LLP

New Regulations Change the Rules for Federal Student Loans

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Culminating two years of negotiated rulemaking, the U.S. Department of Education (the Department) published on Aug. 30, 2019, new "Institutional Accountability" regulations that apply to all federal student loans disbursed...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

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

Fisher Phillips

Proposed Borrower Defense Rules May Significantly Impact Higher Education Institutions

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The US Department of Education (ED) recently released a significant Notice of Proposed Rulemaking which could impact most institutions of higher education. In a nutshell, the proposed regulations are designed to provide...more

Stinson - Corporate & Securities Law Blog

CFPB Takes Action Against Another Student Debt Relief Company

On March 30, 2016, the Consumer Financial Protection Bureau (CFPB) announced an enforcement action against student debt relief company Student Aid Institute, Inc., and its chief executive officer, Steven Lamont, for allegedly...more

Cooley LLP

Alert: ED Adds New Letter of Credit Requirements to Student Loan Negotiations

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The US Department of Education and appointed negotiators representing higher education and legal groups are preparing for the second round of negotiations to expand the "Borrower Defense to Repayment" regulations, with the...more

Ballard Spahr LLP

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

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The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

Cooley LLP

Alert: FTC Focuses on Lead Generation Practices in Higher Education and Ed Tech

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On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including...more

Goodwin

No Summer Vacation for Student Lending Companies as Enforcement Activity Continues

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Student lending continues to remain in the crosshairs of federal and state consumer finance regulators during the summer months, with over five enforcement actions and investigations in recent weeks. As covered in both...more

Ballard Spahr LLP

U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

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The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The...more

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