Skip to main content

Search

Truth in Lending: 1.3.2 Statutory Language Concerning Title XIV Effective Dates

There is only one mention of an effective date for the TILA provisions in the Dodd-Frank Act’s title XIV. If that effective date does not apply to a title XIV provision, then the default effective date of July 22, 2010 would apply. This one mention of an effective date for title XIV provisions is found at Dodd-Frank § 1400(c):

(c) Regulations; Effective Date-

Student Loan Law: 1.4.1.5 Older Loans

Advocates may occasionally come across some older loan types, though far fewer of these older loans are still outstanding.

Prior to 1994, borrowers could receive loans under the Supplemental Loans for Students (SLS) Program. Effective July 1, 1994, SLS loans were no longer issued. The SLS Program was merged into the unsubsidized component of the Stafford Loan Program. However, for SLS loans disbursed before July 1994, the conditions and benefits of those earlier loans remain unchanged.131

Student Loan Law: 1.2.2 Road Map

This treatise is designed to help advocates navigate the world of student financial assistance. The primary focus is on relief options available to borrowers with federal student loans, with a separate chapter on private student loan issues.

Student Loan Law: 1.10.1.1 Federal Student Loan Ombudsman

The Ombudsman for the Department of Education (the Department) is Federal Student Aid’s (FSA) Ombudsman Group. The FSA Ombudsman Group has a website where borrowers can submit complaints and request assistance on issues with their loan payments, loan servicing, or collection.274 The toll-free phone number is 1-877-557-2575; the fax number is 606-396-4821; and the mailing address is U.S. Department of Education, FSA Ombudsman Group, P.O.

Student Loan Law: 1.4.1.3.1 Overview

Today, Direct Consolidation Loans are the only type of federal consolidation loans available. Borrowers with FFEL Program loans, Perkins Loans, PLUS loans, and Direct Loans (or any combination thereof) can consolidate one or many of those loans into a new Direct Consolidation Loan.84 This can be a helpful option for borrowers who want to take advantage of the more borrower-friendly repayment and relief options available for Direct Loans as compared to FFEL Program loans and Perkins Loans.

Student Loan Law: 1.10.4 Potential Problems with For-Profit Debt Relief Companies

There is a growing industry of for-profit companies claiming to help borrowers with their student loans. Although there is a real need for help navigating the student loan system, many of these companies exploit the complexities of the system and the insufficiencies of federal student loan servicing to persuade borrowers to pay hundreds or thousands of dollars for relief that they should be able to access for free.

Student Loan Law: 1.4.3 Seizure of Student Loan Funds Generally Prohibited

Student assistance funds, including loans, grants, and work assistance, may be garnished to collect debts owed to the Department of Education.177 However, these funds (or property traceable to them) cannot be garnished by other collectors.178 For example, a private collection agency pursuing a student for credit card debt cannot garnish or attach that student’s federal student loan funds to collect the debt.

Student Loan Law: 1.4.2.1 Generally

The federal grant programs are critical for low-income students, particularly the Pell Grant Program described below. There are also a number of “specialty” federal grant programs that require students to study certain fields or work in careers such as teaching. In addition, the College Work-Study Program provides salaries for students in exchange for work.134

Student Loan Law: 1.6 COVID-19 Emergency Student Loan Relief

A number of significant federal student loan emergency relief programs224 were put in place to help people manage their student loans during the COVID-19 pandemic and to recover from the related economic hardships. These temporary emergency programs include the student loan payment pause (payment pause), President Biden’s student debt relief plan—which was struck down by the U.S.

Student Loan Law: 1.4.4.1 The Post-9/11 GI Bill and Other Federal Educational Benefits

The Post-9/11 GI Bill, signed by President Bush in June 2008, provides significant benefits for servicemembers on active duty and after their duty is over.181 Veterans and servicemembers with ninety days’ or more active duty service after September 10, 2001, and veterans who are discharged for a service-connected disability with at least thirty consecutive days of active duty service after September 10, 2001, are entitled to thirty-six months of educational assistance.182 The duration of service

Student Loan Law: 1.2.4 Pleadings and Primary Sources

Student Loan Law’s digital version includes pleadings and discovery, practice tools, and primary source materials that can easily be downloaded, printed, and cut and pasted into documents. They are listed under the “Companion Materials” tab of the “Contents” pane on the left side of the screen and are fully searchable. Search filters allow users to search across only pleadings or only primary sources.

Student Loan Law: 1.1 Overview

The staggering increase in the cost of college in America, and the significant withdrawal of state and federal funding, has meant that student loan debt has become ubiquitous at each level of the higher education system.

Student Loan Law: 1.4.2.2.1 Overview

The Federal Pell Grant Program provides need-based grants (Pell Grants) to low-income undergraduate and certain post-baccalaureate students. Borrowers are only eligible for a Pell Grant if they have not received a bachelors, graduate, or professional degree (although in limited circumstances a student in a postbaccalaureate certificate teacher program can receive a Pell Grant).

Consumer Class Actions: 1.7.7.6 Consider Claims for Equitable Relief

When one of the plaintiff’s objectives is to force the defendant to change its practices, or when damages are minimal or may annihilate the defendant, the plaintiff should consider adding an equitable claim that may provide for rescission, cancellation of the transaction at issue, or injunctive or declaratory relief. A class action seeking only equitable relief can be certified under Rule 23(b)(2), which has less strict standards as to certification and notice than a class seeking damages that must be certified under Rule 23(b)(3).