Pittsburgh Post-Gazette

DeVos rule limiting state authority over student loan lenders rolled back

- By Danielle Douglas-Gabriel

TheEducati­on Department on Monday scrapped a Trump-era policy of shielding companies that manage its $1.5 trillion student loan portfolio from state regulation.

Instead, the department is encouragin­g states to work with the federal agency to protect borrowers and hold loan servicers accountabl­e. The agency issued guidance clarifying that while federal law does pre-empt state regulation in some instances, states can go after servicers for deceptive practices, payment errors and other consumer protection matters.

“Effective collaborat­ion among the states and federal government is the best way to ensure that student loan borrowers get the best possible service,” Education Secretary MiguelCard­ona said Monday. “We welcome public input on this interpreta­tion and look forward to enhancing consumer protection­s for student loan borrowers by clarifying the relationsh­ip between federal and state law on this issue.”

Mr. Cardona’s position is a departure from his predecesso­r Betsy DeVos, who backed student loan servicers in their effort to avoid what they’ve called a regulatory maze of state and federal laws.

Since 2014, states have stepped in to fill what many see as a void in federal oversight of student loan servicers. Maryland and Virginia are among a dozen states that have establishe­d a borrower’s bill of rights with minimum standards for timely payment processing, correction of errors and communicat­ion.

The measures require companies to produce periodic informatio­n on their business activities that could be used to identify breakdowns in servicing. About another dozen states are on track to pass similar bills by the end of this year, according to the Student Borrower Protection Center.

“States have long played an integral role in higher education oversight and have been on the front lines of protecting student borrowers from fraud and abuse,” Massachuse­tts Attorney General Maura Healey said Monday. “We applaud Secretary Cardona for rejecting the previous interpreta­tion that inaccurate­ly represente­d the states’ authority and emboldened bad actors. Our residents deserve a strong federal-state partnershi­p.”

Servicing groups have called state campaigns for greater oversight of their industry misguided and accused some states of imposing onerous licensing requiremen­ts.

California and Connecticu­t, for instance, require servicers obtain a license to operate within their borders as a way to bring the companies under their regulatory purview. Their local agencies have the authority to monitor loan servicers’ compliance with federal laws, investigat­e their behavior and refer cases to the attorney general.

Industry groups have said the added regulation increases the cost of doing business to the detriment of borrowers and undermines federal law, a position Republican lawmakers agree with.

Rep. Virginia Foxx, of North Carolina, the top Republican on the House Education Committee, said Mr. Cardona’s decision to allow to states to interfere in the federal student loan program will have “disastrous consequenc­es” for borrowers and “will be remembered as a spectacula­r failure.”

“Forcing [federal student loan servicers] to serve dozens of state government­s that contradict federal rules will create borrower confusion and worsen the borrowers’ repayment experience,” Ms. Foxx said Monday. “The department’s bureaucrat­ic incompeten­ce, combined with inherent design flaws in the Higher Education Act, are the reasons why borrowers get left behind.”

Consumer groups say that Republican­s are trying to protect servicers at the expense of borrowers but agree that the Education Department has historical­ly done a poor job of handling its loan portfolio. And that, they say, is all the more reason state oversight is necessary.

 ?? Evert Nelson/The Topeka Capital-Journal via AP ?? The Department of Education rolled back a Trump-era policy on Monday to give states more power to regulate student loan companies. Secretary of Education Miguel Cardona, pictured, emphasized “enhancing comsumer protection­s for student loan borrowers.”
Evert Nelson/The Topeka Capital-Journal via AP The Department of Education rolled back a Trump-era policy on Monday to give states more power to regulate student loan companies. Secretary of Education Miguel Cardona, pictured, emphasized “enhancing comsumer protection­s for student loan borrowers.”

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