Schools' Use of Mandatory Arbitration Now Sharply Curtailed; Loan Discharge Rights Expanded
October 19, 2018
A court has ordered that long-delayed Dep’t of Ed. rules become effective October 16, 2018. This article explains how the rules now: prohibit schools from requiring mandatory arbitration or class waivers of certain student claims, even for preexisting agreements; increase the availability of closed school and false certification discharges; and improve the administrative process for students to raise school-related defenses on their loans.