



Consider:
And while the 2020 Democratic candidates discuss bold reforms to make sure that higher education is financially attainable for all, a recent under-the-radar
The decision in Nelson v. Great Lakes would be easy to overlook — how often have you wondered whether
Loan servicers play an important role in the lending system, collecting monthly payments and handling borrower issues as they arise. But in recent years the servicers hired by the U.S. Department of Education have been focusing on the former and ignoring the latter. Most notoriously, one loan servicer reportedly instituted a seven-minute rule that required call center workers to handle all calls in a set time, even if that meant misleading borrowers and putting them into inappropriate payment plans that were quickly set up over the phone.
Countless borrowers have been shut out of repayment options that would halve or even eliminate their monthly costs, because enrolling them would mean hiring additional call center workers. More still, including hundreds of thousands of teachers, firefighters and military service members, have been denied public service loan forgiveness because the loan servicers botched the paperwork or gave borrowers bad advice.
Despite these abuses, the Trump administration has done nothing to protect borrowers from loan servicers. In fact, the administration seems to think it’s the servicers who need protection.
Under Secretary Betsy DeVos’ leadership, the Department of Education has not even come close to taking action to curb abuses by student loan servicing companies. Even the department’s own inspector general has cited the department for the fact that it has only “rarely” held these servicers accountable, despite abundant authority to do so. Meanwhile, under Secretary DeVos’ leadership, the department has actively worked to prevent states from enforcing their own consumer protection laws, arguing that only the U.S. Department of Education can police loan servicers. As a result, servicers have felt untouchable, and they have acted accordingly. That’s about to change.
State attorneys general know what the problems are. For years we’ve seen the red flags and heard complaints from shortchanged borrowers. At least six states, including Illinois in 2017, have brought cases against student loan servicing companies — and the servicers have uniformly tried to dodge accountability with the same bogus preemption argument. But now, with that argument shredded, states can get to the heart of the problem: Where a loan servicer has operated with impunity, putting their profits ahead of borrowers’ rights, states have the opportunity to lead a sea change. With aggressive enforcement, they can spur reforms in servicing and give millions of student loan borrowers a path to a brighter financial future.