Category: Student Debt

Betsy DeVos Just Made It Harder for Defrauded Students to Get Their Debt Canceled

Just in time for the start of a new school year, Education Secretary Betsy DeVos on Friday finalized a new suite of changes to an Obama-era policythat targeted fraud at for-profit colleges. The new DeVos rule significantly raises the bar students have to clear in order to qualify for debt forgiveness when their schools close while they’re enrolled.

After state and federal investigations into fraud at some of the country’s biggest for-profit college operators caused the schools to shutter, thousands of students found themselves deep in debt for incomplete degrees. As my colleague Eddie Rios reported last year:

The Century Foundation, a Washington-based think tank, found in May that more than 127,000 debt relief claims were filed to the Education Department by March 2018, up 29 percent from August 2017….More than 98 percent of those claims came from students who attended for-profit colleges. 

The Obama program has cleared $222 million in loans from nearly 20,000 borrowers since 2016, according to the New York Times. But as a result of the new DeVos rule, after July 2020, students filing for debt relief will have to prove their colleges intentionally deceived them, that it influenced their decision to enroll, and that it made them financially suffer. The change also sets a three-year deadline for filing a claim; the Obama rule had no deadline and automatically relieved their debts if they didn’t enroll elsewhere within three years. 

Just in time for the start of a new school year, Education Secretary Betsy DeVos on Friday finalized a new suite of changes to an Obama-era policythat targeted fraud at for-profit colleges. The new DeVos rule significantly raises the bar students have to clear in order to qualify for debt forgiveness when their schools close while they’re enrolled.

After state and federal investigations into fraud at some of the country’s biggest for-profit college operators caused the schools to shutter, thousands of students found themselves deep in debt for incomplete degrees. As my colleague Eddie Rios reported last year:

The Century Foundation, a Washington-based think tank, found in May that more than 127,000 debt relief claims were filed to the Education Department by March 2018, up 29 percent from August 2017….More than 98 percent of those claims came from students who attended for-profit colleges. 

The Obama program has cleared $222 million in loans from nearly 20,000 borrowers since 2016, according to the New York Times. But as a result of the new DeVos rule, after July 2020, students filing for debt relief will have to prove their colleges intentionally deceived them, that it influenced their decision to enroll, and that it made them financially suffer. The change also sets a three-year deadline for filing a claim; the Obama rule had no deadline and automatically relieved their debts if they didn’t enroll elsewhere within three years. 

The Trump administration has repeatedly tried to delay rules for for-profit colleges and student loan forgiveness. Last year, a federal court called the delay “arbitrary and capricious,” ordering DeVos to implement the Obama-era rule. Student and consumer advocates plan to legally challenge DeVos’ latest replacement, as well. 

Student loans and Devos’ unpopular run as secretary of education have become a centerpiece of Democratic presidential politics. The 2020 field quickly condemned DeVos over the weekend.

[Mother Jones]

Student Loan Watchdog Quits; Blames Trump Administration

The federal official in charge of protecting student borrowers from predatory lending practices has stepped down.

In a scathing resignation letter, Seth Frotman, who until now was the student loan ombudsman at the Consumer Financial Protection Bureau, says current leadership “has turned its back on young people and their financial futures.” The letter was addressed to Mick Mulvaney, the bureau’s acting director.

In the letter, obtained by NPR, Frotman accuses Mulvaney and the Trump administration of undermining the CFPB and its ability to protect student borrowers.

“Unfortunately, under your leadership, the Bureau has abandoned the very consumers it is tasked by Congress with protecting,” it read. “Instead, you have used the Bureau to serve the wishes of the most powerful financial companies in America.”

The letter raises serious questions about the federal government’s willingness to oversee the $1.5 trillion student loan industry and to protect student borrowers.

Frotman has served as student loan ombudsman for the past three years. Congress created the position in 2010, in the wake of the financial crisis, as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. As ombudsman and assistant director, Frotman oversaw the CFPB’s Office for Students and Young Consumers and reviewed thousands of complaints from student borrowers about the questionable practices of private lenders, loan servicers and debt collectors.

Since 2011, the CFPB has handled more than 60,000 student loan complaints and, through its investigations and enforcement actions, returned more than $750 million to aggrieved borrowers. Frotman’s office was central to those efforts. It also played a role in lawsuits against for-profit giants ITT Tech and Corinthian Colleges and the student loan company Navient.

Over the past year, the Trump administration has increasingly sidelined the CFPB’s student loan office. Last August, the U.S. Department of Education announced it would stop sharing information with the bureau about the department’s oversight of federal student loans, calling the CFPB “overreaching and unaccountable” and arguing that the bureau’s actions were confusing borrowers and loan servicers alike. Of the move, Frotman writes, “the Bureau’s current leadership folded to political pressure … and failed borrowers who depend on independent oversight to halt bad practices.”

In May, Mulvaney called for a major shake-up in Frotman’s division. The Office for Students and Young Consumers would be folded into the bureau’s financial education office, signaling a symbolic shift in mission from investigation to information-sharing. While the CFPB told NPR at the time that the move was “a very modest organizational chart change,” consumer advocates reacted with alarm.

Christopher Peterson, director of financial services at the nonprofit Consumer Federation of America, called the move “an appalling step in a longer march toward the elimination of meaningful American consumer protection law.”

In his resignation, Frotman also accuses the CFPB’s leadership of suppressing a report, prepared by his office, revealing new evidence that some of the nation’s largest banks were “saddling [students] with legally dubious account fees.”

The Trump administration has also taken steps outside the CFPB to curb oversight of the student loan industry. The Justice and Education departments have argued that debt collectors should be protected from state efforts to regulate them. And, earlier this month, Education Secretary Betsy DeVos moved to scrap a rule meant to punish schools where graduates struggle with poor earnings and deep debt. The department defended its decision, saying it would instead give borrowers school performance data so they can decide for themselves what colleges offer the best value.

Mick Mulvaney was tapped to run the CFPB while also serving as director of the Office of Management and Budget. Before joining the Trump administration, he was a Republican congressman from South Carolina and a fierce critic of the bureau he now manages. He once called the CFPB “a joke … in a sick, sad kind of way” because, Mulvaney argued, it often acted above the law with no accountability to Congress.

Frotman has served at the CFPB for seven years, since its inception. He arrived in early 2011 as part of the Treasury Department’s implementation team. Frotman began in the Office of Servicemember Affairs as senior adviser to Holly Petraeus. That office was instrumental in expanding service member protections under the Military Lending Act and in cracking down on lenders and retailers that preyed on service members.

Petraeus, now retired, tells NPR she felt “privileged” to have worked with Frotman at the CFPB. “Seth is a true public servant. I think he’s leaving for the purest of motives: He wants to help student borrowers.”

In response to a request for comment, the CFPB issued this statement: “The Bureau does not comment on specific personnel matters. We hope that all of our departing employees find fulfillment in other pursuits and we thank them for their service.”

[NPR]

 

DeVos ends Obama-era protections for students of for-profit colleges

Education Secretary Betsy DeVos moved Friday to end rules passed under the Obama administration that penalized for-profit colleges with a record of leaving graduates in crippling debt and with few job prospects.

In a statement that appeared on the Education Department’s website on Friday, the agency claimed the move was born out of an effort to treat all types of institutions “fairly.”

“Students deserve useful and relevant data when making important decisions about their education post-high school,” DeVos wrote in the statement.

“That’s why instead of targeting schools simply by their tax status, this administration is working to ensure students have transparent, meaningful information about all colleges and all programs. Our new approach will aid students across all sectors of higher education and improve accountability.”

The agency is now seeking public comment on whether or not the Department of Education should require institutions to disclose publicly whether their programs are accredited as well as their program graduation rates and costs.

After the 30-day comment period, the Obama-era rule is set to be reversed on July 1, 2019.

DeVos’ plan to roll back the gainful employment rule was first reported last month. At that time, the agency refused to comment on the proposal until its completion and publication.

DeVos has taken a number of steps to roll back other Obama-era rules targeting for-profit colleges, including dismantling a team dedicated to uncovering fraud at such institutions and reinstating a for-profit college accreditor despite her own staff’s warnings that the organization did not meet federal standards.

DeVos Undoes Obama Student Loan Protections

Education Secretary Betsy DeVos on Tuesday rolled back an Obama administration attempt to reform how student loan servicers collect debt.

Obama issued a pair (PDF) of memorandums (PDF) last year requiring that the government’s Federal Student Aid office, which services $1.1 trillion in government-owned student loans, do more to help borrowers manage, or even discharge, their debt. But in a memorandum (PDF) to the department’s student aid office, DeVos formally withdrew the Obama memos.

The previous administration’s approach, DeVos said, was inconsistent and full of shortcomings. She didn’t detail how the moves fell short, and her spokesmen, Jim Bradshaw and Matthew Frendewey, didn’t respond to requests for comment.

DeVos’s move comes a week after one of the student loan industry’s main lobbies asked for Congress’s help in delaying or substantially changing the Education Department’s loan servicing plans. In a pair of April 4 letters to leaders of the House and Senate appropriations committees, the National Council of Higher Education Resources said there were too many unanswered questions, including whether the Obama administration’s approach would be unnecessarily expensive.

A recent epidemic of student loan defaults and what authorities describe as systematic mistreatment of borrowers prompted the Obama administration, in its waning days, to force the FSA office to emphasize how debtors are treated, rather than maximize the amount of cash they can stump up to meet their obligations.

Obama’s team also sought to reduce the possibility that new contracts would be given to companies that mislead or otherwise harm debtors. The current round of contracts will terminate in 2019, and among three finalists for a new contract is Navient Corp. In January, state attorneys general in Illinois and Washington, along with the U.S. Consumer Financial Protection Bureau, or CFPB, sued Navient over allegations the company abused borrowers by taking shortcuts to boost its own bottom line. Navient has denied the allegations.

The withdrawal of the Obama administration guidelines could make Navient a more likely contender for that contract, government officials said. Navient shares moved higher after the government released DeVos’s decision around 11:30 a.m. New York time. Navient stock ended up almost 2 percent.

The Obama administration vision for how federal loans would be serviced almost certainly meant the feds would have to increase how much they pay loan contractors to collect monthly payments from borrowers and counsel them on repayment options. Already, the government annually spends around $800 million to collect on almost $1.1 trillion of debt. DeVos, however, made clear that her department would focus on curbing costs.

“We must create a student loan servicing environment that provides the highest quality customer service and increases accountability and transparency for all borrowers, while also limiting the cost to taxpayers,” DeVos said.

With her memo, DeVos has taken control of the complex and widely derided system in which the federal government collects monthly payments from tens of millions of Americans with government-owned student loans. The CFPB said in 2015 that the manner in which student loans are collected has been marred by “widespread failures.”

DeVos’s move “will certainly increase the likelihood of default,” said David Bergeron, a senior fellow at the Center for American Progress, a Washington think tank with close ties to Democrats. Bergeron worked under Democratic and Republican administrations over more than 30 years at the Education Department. He retired as the head of postsecondary education.

During Obama’s eight years in office, some 8.7 million Americans defaulted on their student loans, for a rate of one default roughly every 29 seconds.

Former Deputy Treasury Secretary Sarah Bloom Raskin worked on student loan policy during the latter years of the Obama administration, in part over concern that borrowers’ struggles were affecting the management of U.S. debt. DeVos’s decision to reverse some of her work “with no coherent explanation or substitute” effectively means that the Trump administration is placing the welfare of loan contractors above those of student debtors, she said.

In a statement Tuesday, Illinois Attorney General Lisa Madigan, who is suing Navient, agreed: “The Department of Education has decided it does not need to protect student loan borrowers.”

(h/t Bloomberg)