New Lender Regulations Approved by Department of Education
November 2, 2007
by Paulina Mis
After months of investigations into the legality of practices within the student loan industry, new regulations have been approved by the Department of Education. The guidelines came shortly after the passage of the College Cost Reduction and Access Act which increased financial aid and decreased lender subsidies. The new rules, however, are more targeted at the behavior of student lenders and financial aid officials.
Department regulations now state that colleges offering preferred-lender lists must suggest at least three different lenders. In the past, some schools mentioned only one lender, the one they had an exclusive contract with. The investigation also found that certain schools listed a number of lenders, but the choice was illusory. Because some lenders sold their loans to others on the list, the options were smaller than they appeared.
Approved mandates also cleared up some ambiguities between state and government laws regulating lender and school relationships. Lenders are generally pleased that the Department of Education has made clear their rules, when discrepancies arise, supersede rules laid down by the state. (Not that this wasn't already the legal rule of thumb.
Numerous schools and lenders have already agreed to abide by a new code of ethics and have donated millions to loan-education funds—even some who denied wrongdoing—after being accused of misdeeds by Andrew Cuomo, the Attorney General spearheading the investigation. Citibank and Sallie Mae each agreed to pay $2 million while Education Finance Partners agreed to pay $2.5 million in settlements. New York University, Syracuse University and the University of Pennsylvania, among others, also settled and agreed to return some money to student borrowers. Knowing that Mr. Cuomo is not the loan king, although he sure has proven himself, will assuage some lender and college frustrations, but not by much.