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CFPB Spotlights Harms of Employer-Driven Debt

On July 20, 2023, the CFPB published a report concerning the risks posed to consumers by employer-driven debt. Employer-driven debt is any form of financing arrangement where an employer extends credit or a lease to an...more

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

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

Department of Education Expands Interpretation of "Third-Party Servicer" Definition (and Announces Incentive Compensation Review)

Wednesday’s U.S. Department of Education Dear Colleague Letter announces an expanded Department interpretation of the definition of Third-Party Servicer to include a new array of vendors providing student recruiting and...more

Transcript Withholding and Debt Collection: Colleges and Universities Losing Some Leverage under Trending State Laws

Update: On September 29, 2022, the Consumer Financial Protection Bureau issued Supervisory Highlights Student Loan Servicing Special Edition, finding that blanket college and university policies of withholding transcripts...more

Transcript Withholding & Debt Collection: Colleges and Universities Losing Some Leverage under Trending State Laws

In the past, it has been common for an institution of higher education to withhold a student’s transcript when the student had outstanding liability to the school. Bankruptcy and various loan collection laws have long placed...more

College and University Institutional Loans under the CFPB Microscope

On January 20, 2022, the Consumer Financial Protection Bureau (CFPB) announced new efforts to examine postsecondary schools’ institutional lending programs. Many colleges and universities offer in-house student loans,...more

ED Pushes Borrower Defense Reporting Q&A

Yesterday evening, the U.S. Department of Education (ED) released a much-anticipated Q&A regarding Borrower Defense to Repayment Reporting due from institutions of higher education beginning on May 14, 2019. The key points of...more

May 14 Deadline: Borrower Defense Reporting – Short Answers To Your Questions

Help! Do we have to report every pending lawsuit to the U.S. Department of Education by May 14? No. But, under newly effective regulations and guidance, (private and maybe public) institutions of higher education must...more

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