News & Analysis as of

Student Loans

Federal Circuit Partially Lifts Ban on Education Department’s Default Collection Efforts; Court of Federal Claims Orders...

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Federal Circuit has partially lifted a preliminary injunction that prevented the U.S. Department of Education (Department) from placing defaulted student loans with private collection...more

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

by Cooley LLP on

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

Federal Reserve Settles with Pennsylvania Bank Over Alleged Deceptive Student Lending Practices

by Goodwin on

On December 6, 2016, the Federal Reserve Board announced that it entered into a consent order with a Pennsylvania bank ordering it to cease and desist deceptive student lending practices, and assessing millions of dollars in...more

Cybersecurity lapses could cost Title IV eligibility for higher ed

by Thompson Coburn LLP on

Data security breaches are an unfortunate reality for almost all businesses in today’s information-driven marketplace. From Target, to Home Depot, to Equifax, data breaches are increasingly common and potentially devastating...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 1 - December 13th, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. During this process, which will...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Former Governor Pat Quinn Files to Run for Illinois Attorney General Open Seat- According to reports, former Illinois Governor Pat Quinn, a Democrat, has filed to run for Illinois AG in 2018. ...more

The rising sun of HEA reauthorization

by Thompson Coburn LLP on

Behind the scenes of the turmoil in Washington this year, congressional staff have been hard at work on the next iteration of the Higher Education Act. At long last, the curtain-raising for HEA reauthorization is expected...more

FTC Launches ‘Game of Loans’ Initiative

Deceptive student loan debt relief scams are the target of a new coordinated federal-state law enforcement initiative led by the Federal Trade Commission (FTC)....more

Illinois lawmakers override governor’s veto of student loan servicing bill

by Ballard Spahr LLP on

The Illinois House of Representatives and Senate have voted to override the veto by the state’s Republican governor of Senate Bill 1351, known as the Illinois Student Loan Servicing Rights Act. ...more

New York District Court Applies Reyes to Squash TCPA Suit Based Upon Consent Terms Built into Sallie Mae TCPA Class Action...

by Dorsey & Whitney LLP on

The Sallie Mae class settlement continues to pay major dividends for Navient Solutions (“Navient”), one of the nation’s most liberal dispensers of automated debt collection phone calls. Back in 2012, Navient—then known as...more

Illinois Student Loan Bill of Rights Becomes Law

by Hinshaw & Culbertson LLP on

On November 8, 2017, the Illinois House of Representatives voted 98-16 to override Governor Bruce Rauner's veto of the Illinois Student Loan Bill of Rights. The IL student loan bill provides for the licensing of student loan...more

State AGs and FTC Combine Forces for Consumer Protection

by Foley & Lardner LLP on

A dozen bipartisan State Attorneys General and the Federal Trade Commission (FTC) recently instigated a medieval siege dubbed “Operation Game of Loans” against alleged student loan relief scams. This coordinated nationwide...more

CFPB issues 50-state snapshot of student debt

by Ballard Spahr LLP on

The CFPB has issued a “50-state snapshot of student debt,” which provides student debt data on a state-by-state basis. The report states that the complaint data “reflects over 50,000 student loan complaints and over 10,000...more

Blog: Department of Education Pushes Back Effective Date of Borrower Defense Rule – Again

by Cooley LLP on

The Borrower Defense to Repayment (BDTR) Rule, which applies to all higher education institutions participating in the Federal Student Aid program – whether public, private nonprofit or for-profit – has been the subject of...more

Fall 2017 Consumer Financial Protection Bureau Update

by Burr & Forman on

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) is a U.S. government agency created by the Dodd-Frank Wall Street Reform and Consumer Protection Act. The CFPB is the first federal agency tasked solely with the...more

D.C. belatedly releases Bill of Rights for student loan borrowers

by Ballard Spahr LLP on

The District of Columbia Student Loan Ombudsman Establishment and Servicing Regulation Act of 2016 (Servicing Act) became effective February 18, 2017. The Servicing Act set an October 1 deadline for the Student Loan...more

CFPB Student Loan Ombudsman issues sixth annual report

by Ballard Spahr LLP on

The CFPB has released the sixth annual report of the CFPB Student Loan Ombudsman containing an analysis of approximately 12,900 federal student loan complaints, 7,700 private student loan complaints, and 2,300 debt collection...more

Financial Services Weekly News - October 2017

by Goodwin on

Editor's Note - Swimming Against the Tide. As discussed below, the Trump administration’s plans for financial regulatory reform are beginning to take shape, especially in agencies, such as the Securities and Exchange...more

FTC announces coordinated enforcement initiative with state AGs targeting student loan debt relief providers

by Ballard Spahr LLP on

Last Friday, as expected, the FTC announced the launch of a coordinated federal-state law enforcement initiative targeting deceptive student loan debt relief companies. ...more

FTC targets student loan debt relief companies

by Ballard Spahr LLP on

A recent flurry of FTC enforcement activity targeting companies offering student loan debt relief services suggests such companies could be the subject of the announcement scheduled for tomorrow “of a major coordinated...more

Pennsylvania AG Files Suit Against Nationwide Student Loan Provider and Servicer

by Goodwin on

?On October 5, 2017, the Pennsylvania Attorney General’s Office (AG) announced that it had filed suit against a federal student loan provider and servicer (and its subsidiary) in the U.S. District Court for the Middle...more

CFPB’s $21.6 Million Settlement Concerning Student Loan Servicing and Debt Collection in Doubt

by Goodwin on

As Enforcement Watch reported in late September, the Consumer Financial Protection Bureau (“CFPB”) announced that it had filed a proposed consent judgment in the United States District Court for Delaware to resolve claims...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A sobering look at the post-recession economic recovery shows that while by many measures US economic figures are again strong, the recession caused wounds that “have not fully healed”—including the loss of more than 1.5...more

D.C. and California Issue Student Loan Servicing Regulations, Join Other States in Migrating Licenses to NMLS

by Ballard Spahr LLP on

As we reported last month, the District of Columbia Department of Insurance, Securities and Banking (DISB) started accepting applications and transition filings for the Student Loan Servicer License on the Nationwide Mortgage...more

The Non-Dischargeable Student Loan - BB&K Attorney Cathy Ta Writes for Riverside Lawyer Magazine

by Best Best & Krieger LLP on

Obtaining a bankruptcy discharge of debts is the primary tool in providing the "honest but unfortunate debtor" a fresh start. Yet, a student loan made or guaranteed by a governmental unit or nonprofit is excepted from the...more

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