$ 6 Billion in Student Aid Scammed Signals of Change Coming | Personal finance

Anna Helhoski

More than 200,000 federal student loan borrowers who have been misled from their schools are in line for $ 6 billion in debt relief following a preliminary court-approved settlement on August 4.

It is a huge deal and a huge win for borrowers. But these discharges are just the latest in a series of efforts by the Department of Education to clear application arrears and provide relief to borrowers whose schools have defrauded them.

Borrower Defense offers loan dismissals to borrowers whose schools, mostly for profit, have misrepresented things like graduation and employment rates, financial aid, or even school resources. The program launched in 2015, but discharges slowed to a near-complete halt during the previous administration due to rule changes and inaction.

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According to federal data, the Biden administration has prioritized those intact borrower defense claims, resulting in approximately $ 8 billion in discharges through the program since January 2021. The $ 6 billion deal is the result of a class action, Sweet v. Cardona, and raises the total amount of the borrower’s defense discharges to over $ 14 billion.

Even before the Sweet v. Cardona, federal data shows that the total federal student loan amnesty across all programs had reached $ 26 billion and 1.5 million borrowers. This includes the $ 8 billion in defense discharges from borrowers, as well as:

  • $ 8 billion under the public service loan forgiveness program.
  • $ 9 billion to borrowers who are totally and permanently disabled.
  • $ 1 billion in closed school dropouts.

Billions for profit-making school borrowers

Since 2021, new credit reviews have led to billions of discharges for millions of borrowers. This includes students who attended for-profit schools such as DeVry University and the now closed ITT Technical Institute.

The department has also begun to amend the regulations, such as revoking the partial exemption calculations made under the previous administration. This resulted in complete relief for 72,000 borrowers totaling $ 1 billion, according to federal data.

The Department of Education also began group resignations with no questions asked last spring, when it got rid of $ 238 million in student loan debt for 28,000 borrowers who attended Marinello Schools of Beauty.

And the biggest resignations came recently through a collective resignation of $ 5.8 billion in federal student loans borrowed from 560,000 borrowers who attended Corinthian Colleges from its founding in 1995 to its closure in April 2015.

Defects in the program and upcoming changes

There are also other changes coming to the borrower’s defense program.

On July 6, the Biden administration proposed, among other programs, new regulations that would impact the borrower’s defense. The changes include the definition of categorical standards for misconduct, under which a borrower could make a claim such as “aggressive and deceptive recruiting practices” or “material misleading statements”.

Further proposals would allow group applications, remove time limits for filing a claim, make colleges cover discharge costs, and create a reconsideration process for borrowers who have been denied full discharge.

The new regulations are expected to be finalized in the fall and come into effect on July 1, 2023.

These additional changes are necessary as some borrowers have filed claims that the department has never dealt with – in one group complaints case, it’s been six years, according to the National Consumer Law Center.

It is also unclear how many borrowers are actually receiving resignations from the loan, says Aaron Ament, president of Student Defense, a nonprofit litigation and advocacy organization.

“We are receiving a number of people contacting us saying they received an email nine months ago approving their borrower defense request, but the discharge has not been made,” says Ament. “Many of them are denied their mortgages or can’t rent an apartment because it’s still on their credit report – that loan still shows.”

How can you get relief under Sweet v. Cardona

The Sweet v. Cardona was first filed by borrowers whose advocacy claims from the borrower were either rejected or not processed by the Department of Education.

Eligibility for exemption under Sweet v. Cardona will depend on when a borrower has filed a borrower defense application:

  • Those who applied before 22 June 2022 and who did not receive a decision or were rejected in December 2019 or later are included in the class of applicants eligible for discharge.
  • Those who showed up after June 22, 2022 could qualify as “post-class applicants” until the agreement is approved in the fall.

If the deal gets final approval, all downloads and refunds will be distributed to 75% of class members within one year. The rest of the class members would receive individual defense decisions from the borrower. It would also result in credit report adjustments.

Now that the deal has been preliminarily approved, individual borrowers can expect to receive email or mail notifications from the Department of Education of their eligibility. It is unclear when qualified borrowers would receive loan discharges.

However, it is possible that the preliminary settlement could face legal challenges.

To apply for the discharge of the Borrower Defense, you need to visit the Student Aid website.


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