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U.S. Department of Education Axes Arbitration Provisions in Final Student Loan Rules

The U.S. Department of Education recently announced final regulations, effective July 1, 2023, designed to expand and improve the major student loan discharge programs authorized by the Higher Education Act. Among other...more

CFPB issues Student Loan Servicing Special Edition of Supervisory Highlights

Last week, the CFPB issued a “Student Loan Servicing Special Edition” of Supervisory Highlights.  In this blog post, we highlight a stealth expansion of supervisory jurisdiction and focus on the CFPB’s findings in two key...more

Department of Education Anti-Arbitration Regulation Fails Supreme Court Tests

The U.S. Department of Education recently announced proposed regulations designed to expand and improve the major student loan discharge programs authorized by the Higher Education Act. Among other things, the proposed...more

CFPB issues annual fair lending report (UPDATED)

The CFPB recently issued its annual fair lending report covering its fair lending activity in 2021. ...more

CFPB Spring 2022 Supervisory Highlights looks at auto servicing, credit reporting, credit card account management, debt...

The CFPB has released the Spring 2022 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of auto servicing, consumer reporting, credit card account management, debt collection,...more

Department of Education announces major revisions to IDR payment counting

On April 19, one day before the release of a highly critical performance audit by the U.S. Government Accountability Office, the Department of Education (ED) announced a series of actions it is taking to “address[] historical...more

CFPB criticizes transcript withholding by postsecondary schools

A recent CFPB blog post endorsed part of U.S. Department of Education Secretary Cardona’s keynote address for the 2021 FSA Training Conference that issued a call to end the longstanding institutional practice of transcript...more

CFPB blog post and report focus on student loan servicing

Student loan servicing was the focus of recent CFPB attention in the form of a blog post, “Busting myths about bankruptcy and private student loans,” and a report (labeled a “special issue brief”) titled “Student Loan...more

CFPB enters into consent order with student loan servicer to settle alleged UDAAP violations in connection with FFELP loans

The CFPB has entered into a consent order with Edfinancial Services, a student loan servicer, to settle the Bureau’s allegations that Edfinancial engaged in deceptive acts and practices in violation of the CFPA UDAAP...more

CFPB to begin examining post-secondary schools that loan directly to students

The CFPB has announced that it will begin examining post-secondary schools, such as for-profit colleges, that extend private loans directly to students and/or parents to fund undergraduate, graduate, and other forms of...more

CFPB education loan ombudsman report foreshadows active and wide-ranging engagement by “new CFPB” in student loan market

The CFPB Education Loan Ombudsman has issued his annual report covering the period from September 1, 2020 through August 31, 2021....more

DOJ enters into consent order with NJ student lending authority to settle claim of alleged SCRA violations

The Department of Justice announced earlier this week that it has entered into a consent order with the New Jersey Higher Education Student Assistance Authority (HESAA) to settle the DOJ’s claim that HESAA violated the...more

Colorado Private Education Lender Registration Takes Effect September 1, and Schools Using Income Share Agreements Are Covered

With Colorado’s private education lender registration scheduled to take effect on September 1st, the Colorado Department of Law has just announced that they intend to bring a new group within their jurisdiction: private...more

Dept. of Education issues new interpretation on preemption of state laws regulating student loan servicers

The U.S. Department of Education has issued a new interpretation “to revise and clarify its position on the legality of State laws and regulations that govern various aspects of the servicing of Federal student loans.” The...more

California DFPI announces agreement with program manager of income share agreements

Last week, the California Department of Financial Protection and Innovation (DFPI) announced that it had entered into “a landmark agreement” with Meratas, Inc., a company that acts as a program manager of Income Share...more

CA DFPI exercises its new enforcement authority against coding school’s income-based deferred tuition agreement

The California Department of Financial Protection and Innovation announced last week that it has entered into a consent order with Lambda, Inc., which does business as Lambda School, to settle the DFPI’s claims that a...more

PA Attorney General enters into agreement prohibiting collections by buyer of private student loans

The Pennsylvania Attorney General recently entered into an Assurance of Voluntary Compliance with Elevation Capital Partners, LLC, a buyer of private student loans, that prohibits Elevation from engaging in any collection...more

CFPB highlights state of student loans in the pandemic on heels of coalition’s recommendations for transitioning federal student...

The CFPB has created a student loan infographic to highlight the state of student loans in the pandemic.  Among the statistics included in the infographic is that, based on Department of Education data current as of September...more

Department of Education to provide full loan relief to student loan borrowers with approved borrower defense claims

The Department of Education announced last week that it is changing how it determines relief for borrowers who assert “borrower defense claims.” Such claims allege that the borrower was misled by his or her school or that...more

CFPB Files Lawsuit Against Student Debt Relief Company, Along With Its Owner And Manager

In its third lawsuit filed under the leadership of Acting Director Uejio, the CFPB, earlier this week, sued Student Loan Pro (SLP), a student loan debt relief company, its owner, and its manager, for alleged violations of the...more

CA Department of Financial Protection and Innovation announces investigation of student loan debt relief companies

The California Department of Financial Protection and Innovation (DFPI) announced last week that it has launched an investigation into whether student-loan debt-relief companies operating in California are engaging in illegal...more

CFPB issues special edition of Supervisory Highlights on COVID-19 prioritized assessments

The CFPB has issued “Supervisory Highlights COVID-19 Prioritized Assessments Special Edition.” The report indicates that in May 2020, the Bureau rescheduled about half of its planned examinations and instead conducted...more

Biden Administration orders extensions of student loan and mortgage relief

In response to directions from the Biden Administration, the following actions have been taken: Federal student loans.  The Acting Secretary of Education has extended the following relief on ED-held federal student loans...more

Department of Education extends pandemic-related benefits

Without elaborating on its authority for doing so, the Department of Education recently announced the extension, through January 31, 2021, of certain pandemic-related benefits for federal student loan borrowers....more

Dept. of Education implements Presidential memorandum continuing federal student loan relief during pandemic

At the end of last week, the Department of Education announced that Education Secretary Betsy DeVos has directed Federal Student Aid (FSA) to extend until December 31, 2020 the relief that was provided to federal student loan...more

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