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ERIC Number: ED603134
Record Type: Non-Journal
Publication Date: 2019-Sep-17
Pages: 34
Abstractor: ERIC
ISBN: N/A
ISSN: N/A
EISSN: N/A
Federal and State Regulation of Student Loan Servicers: A Legal Overview. CRS Report R45917, Version 2
Lewis, Kevin M.; Vanatko, Nicole
Congressional Research Service
As the federal government's role in the student loan industry has expanded over time, the United States has contracted with student loan servicers to help it administer its growing student loan portfolio. These servicers perform a variety of functions, including (1) communicating with borrowers regarding repayment; (2) disclosing information about student loan terms to borrowers; (3) applying payments to outstanding loan balances; (4) processing applications for enrollment in repayment plans; and (5) processing requests for loan forbearance and deferment. Several federal statutes and regulations--along with an array of contractual provisions--may affect how these servicers conduct these various functions on the government's behalf with respect to federal student loans. This report analyzes the regulation of servicers of federal student loans. After providing necessary background information regarding the federal student loan programs, the report describes federal law governing student loan servicers. The report then discusses how some states and borrowers have tried to enact or enforce state laws to regulate servicers of federal student loans. Then, the report analyzes the legal issues implicated by the interaction of federal and state servicing laws, including whether (and, if so, to what extent) federal servicing regulation preempts the states from creating or enforcing servicing laws of their own. The report concludes by identifying relevant legal considerations for Congress.
Congressional Research Service. Web site: https://crsreports.congress.gov/
Publication Type: Reports - Descriptive
Education Level: N/A
Audience: Policymakers
Language: English
Sponsor: N/A
Authoring Institution: Library of Congress, Congressional Research Service (CRS)
Grant or Contract Numbers: N/A