Tag: student loans

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]

Betsy DeVos sued for allegedly refusing to follow court order

Secretary of Education Betsy DeVos is being sued for refusing to follow a judge’s order to implement Obama-era regulations. The lawsuit claims DeVos was required to “discharge,” or stop collecting on loans of students who attended for-profit schools and colleges if the institution or their campus had shut down, as The Hill reports.

“It has been nearly two years since these rules should have taken effect, and Secretary DeVos is still dragging her feet and hurting tens of thousands of borrowers through her inaction,” National Student Legal Defense Network (NSLDN) President Aaron Ament said in a statement.

“The students we are trying to help have been doubly victimized – first by the for-profit colleges that deceived them, and now by the federal government that refuses to help.”

The lawsuit says the Education Dept. continues to collect on debts the students should not owe.

The Hill adds that a federal court in October “ruled that the Obama-era debt regulations had to be implemented after over a year of delays by DeVos.”

The Washington Post notes that Secretary DeVos “said that the rule made it too easy for students to cancel their debts and that she intended to replace it with her own version to take effect next year.”

In August the LA Times Editorial Board charged that DeVos “sides with predatory for-profit colleges over America’s students.”

[Raw Story]

Betsy DeVos Is Telling States to Stop Cracking Down on Student Loan Companies

Education Secretary Betsy DeVos has stepped into a fight between student loan companies and state regulators — and she’s siding with the loan companies.

State attorneys general have led the charge to hold loan servicers accountable for practices that hurt consumers. The loan companies, by contrast, have argued that because they are hired directly by the U.S. government to manage loan repayment for roughly 40 million borrowers, they shouldn’t be subject to additional state laws aimed at protecting those borrowers.

Now, in an announcement posted online Friday, the U.S. Department of Education has taken a side — maintaining that state rules aimed at greater consumer protection undermine the federal government’s goal to have a single, streamlined federal loan program.

The memo doesn’t have any legal effect on current state laws, according to consumer advocates at the Center for Responsible Lending. But it is the latest move in an ongoing struggle between student loan servicers and state lawmakers.

Loan servicers basically serve as middlemen between you and your lender (in this case, the federal government). You likely associate their names—Navient, Nelnet, PHEAA, or MOHELA, for example—with your monthly student loan bill. Consumer and student advocates have been criticizing the behavior of servicers for years. Borrowers complain of lost paperwork, conflicting advice on repayment plans, payments applied to the wrong loans, and more.

Back in 2015, the Consumer Financial Protection Bureau reported that sloppy customer service practices had led to higher interest charges and late fees, longer repayment, and massive confusion for borrowers. More recently, the Bureau received 12,900 student loan complaints between September 2016 and August 2017 — and 70% of them were related to servicing issues.

Regulators in a handful of states say that federal oversight hasn’t been strict enough to rein in this bad behavior, and have launched their own investigations into the practices of student loan servicers. Twelve states and the District of Columbia also have either passed or introduced legislation that requires loan servicers to obtain licenses — and therefore abide by a given set of guidelines — to operate in their state, according to the National Council of Higher Education Resources, a trade group for lenders.

In Illinois, for example, the Student Loan Bill of Rights — which survived a veto from the governor last fall — will require servicers to employ specially trained staffers to advise struggling borrowers of their repayment plan options. Other state rules outline how quickly servicers must respond to borrower inquiries, or require them to alert a borrower whose account has been transferred to a new servicer (a common practice that borrowers often don’t know about).

The loan servicers, for their part, say they already follow rules put in place by the federal government — and that because they manage accounts across the country, complying with a myriad of additional state laws would be counterproductive, duplicative, and confusing.

NCHER, the lender trade group, said on Friday that while the group believes there are ways the federal loan system could be improved, the current collection of state laws is a “regulatory maze” that adds confusion for borrowers and additional costs for the federal government.

In October, a group of 25 state attorneys general sent a letter to DeVos, defending their right to “[protect] their residents from fraudulent and abusive practices” and asking her not to bow to pressure from industry groups that wanted the department to step in on their behalf. That group of state officials included Democratic attorneys general from Massachusetts, New York, and Connecticut, all of which have been at the forefront of pushing for better oversight of student loan servicers. But it also included attorneys general from some Republican states, including Texas, Tennessee, and Indiana.

Politico first reported on DeVos’s plans to try to shield loan servicers from state regulations. The magazine also found, through a records request, that the Education Department has told the student loan companies not to respond directly to information requests from third parties — including state regulators.

More than 11 million borrowers are several months behind on their loan payments, and the rate of new defaults has continued to increase despite the presence of income-driven repayment plans that should keep borrowers out of default. That’s one reason consumer advocates say servicers must do better about informing borrowers about repayment options.

In the department’s newly released memo, DeVos writes that existing federal protections already “ensure that borrowers receive exemplary customer service and are protected from substandard practices.”

Consumer advocates disagree, with many immediately bashing the move from DeVos. The National Consumer Law Center described it as a “plan to protect servicers and debt collectors that lie to borrowers.”

The Consumer Federation of America, meanwhile, says the department’s interpretation doesn’t hold up legally, and that state regulators should ignore it. (Some state lawmakers have already indicated they plan to.) Lawmakers have long held that the federal Higher Education Act doesn’t override state laws that offer additional protections to borrowers, as long as those rules don’t directly conflict with federal law, according to the statement from Christopher Peterson, a senior fellow at the Consumer Federation of America.

“Now the Trump Administration is attempting to trample states’ authority and the best interests of student loan borrowers to pad the bottom line of debt collection businesses,” their statement reads.

[TIME]

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)

Trump Administration Rescinds Obama Guidance on Student Loan Defaults

The Trump administration on Thursday rolled back Obama-era guidance that forbade student loan debt collectors from charging high fees to defaulted borrowers, The Washington Post reported.

In a “Dear Colleague” letter, the administration tells agencies that collect on defaulted loan debt to disregard guidance prohibiting them from charging borrowers who default on their payments fees of as much as 16 percent of the loan’s principal and accrued interest.

It also says that the initial guidance handed down by the Obama administration in 2015 should have been subjected to public comment before it was issued.

“The Department thinks that the position set forth in the [Obama administration guidance] would have benefitted from public input on the issues discussed in the [guidance letter],” the Trump administration’s directive reads.

“The department will not require compliance with the interpretations set forth … without providing prior notice and an opportunity for public comment on the issues,” it continues.

The decision to rescind the guidance came two days after the Consumer Federation of America issued a report that finds that the number of people defaulting on their student loan payments is on the rise.

The Trump’s administration’s letter affects 7 million people with loans through the Federal Family Education Loan Program that are held by guaranty agencies. Individuals whose debt is held by the Department of Education are not impacted by the decision.

The amount owed in student loan debt has surpassed that of credit card debt — about $1.2 trillion.

(h/t The Hill)