Two women who claim they were defrauded by a for-profit college have sued the US Department of Education and a private loan servicer in a case their attorneys say could provide a new legal remedy for tens of thousands of students frustrated with the department’s inaction on claims seeking loan forgiveness.
The lawsuit, filed on Sunday in federal court in New York, comes as the department begins work this week rewriting rules during former US president Barack Obama’s administration designed to boost protections for students defrauded by their schools.
Tina Carr and Yvette Colon had attended Sanford-Brown Institute, a for-profit college in New York, and are seeking to have their student loans erased.
Their lawsuit cites federal and state law that prohibits fraud as well as the contract they signed with their school. Previous lawsuits invoked the department’s own regulations in their search for loan relief.
Attorneys for the two students say the new approach is necessary because US Secretary of Education Betsy DeVos has stalled consideration of tens of thousands of similar claims from borrowers.
Colon completed the school’s certificate program to work as a cardiac sonographer, only to learn that her credentials were invalid and that she could not transfer her credits to other schools, as had been promised, according to the suit.
Colon is asking for the cancelation of her four federal and two private loans totaling US$21,000.
Carr trained to be a medical assistant. She says the school lied to her about job placement assistance and the ability to transfer credits.
Carr has defaulted on her US$14,500 federal loans and wants the loan forgiven.
“People’s rights not to pay for defective products is well established in law, so whatever the Department of Education is or is not doing, the legal rights of borrowers continue to exist and are enforceable against the government just as they are against private parties,” said Toby Merill, a litigator at Harvard University’s Project on Predatory Student Lending, which represents defrauded students.
“Yvette and Tina deserve to be able to move on with their lives, and because it’s clear that the department doesn’t have any intention for doing anything for cheated students, it’s necessary to bypass them and go straight to the court for their fair hearing,” she added.
Abby Shafroth, an attorney at the National Consumer Law Center, said borrowers are turning to the courts because nothing else is working.
“They’ve come to this approach because all other avenues have failed,” Shafroth said. “At a certain point there has to be another way, the department cannot say: ‘You have to use our process’ and not provide a process.”
The department did not respond to a request for comment.
Navient, the loan servicer named in the suit, said it does not have the authority to decide the fate of student loans.
“As mandated by federal requirements, all applications for defense to repayment are submitted to the US Department of Education for processing, and, upon government direction, servicers suspend repayment while the Department of Education makes a discharge eligibility determination,” the company said.
Career Education Corp, which operates Sanford-Brown Institute, did not respond to a request for comment.
In 2013, the school reached a US$10 million settlement after an investigation by the New York Attorney General found that the school routinely misrepresented its job placement results to students.
It has since then shut down all of its brick-and-mortar campuses, but still operates online.
Career Education Colleges and Universities, the for-profit industry lobbying group, also did not return a request for comment.
Work on student loan relief has largely stalled since DeVos assumed office. She has halted two Obama-era initiatives that called for more protections for students and has accumulated a backlog of about 87,000 loan cancelation claims, according to a report published this week.
The Associated Press reported last month that DeVos is considering abandoning the Obama administration practice of fully erasing student loans and granting defrauded students only partial relief.
Critics say the Trump administration is looking out for its friends in the for-profit industry and putting their interests ahead of students’.
DeVos has hired Robert Eitel, who served as a top lawyer for Career Education, an umbrella organization for SBI, as her senior counselor.
She also appointed a former dean at DeVry University to serve as head of the department’s enforcement unit.
Earlier this year, US President Donald Trump paid US$25 million to settle charges his Trump University misled customers.
‘IN A DIFFERENT PLACE’: The envoy first visited Shanghai, where he attended a Chinese basketball playoff match, and is to meet top officials in Beijing tomorrow US Secretary of State Antony Blinken yesterday arrived in China on his second visit in a year as the US ramps up pressure on its rival over its support for Russia while also seeking to manage tensions with Beijing. The US diplomat tomorrow is to meet China’s top brass in Beijing, where he is also expected to plead for restraint as Taiwan inaugurates president-elect William Lai (賴清德), and to raise US concerns on Chinese trade practices. However, Blinken is also seeking to stabilize ties, with tensions between the world’s two largest economies easing since his previous visit in June last year. At the
Nearly half of China’s major cities are suffering “moderate to severe” levels of subsidence, putting millions of people at risk of flooding, especially as sea levels rise, according to a study of nationwide satellite data released yesterday. The authors of the paper, published by the journal Science, found that 45 percent of China’s urban land was sinking faster than 3mm per year, with 16 percent at more than 10mm per year, driven not only by declining water tables, but also the sheer weight of the built environment. With China’s urban population already in excess of 900 million people, “even a small portion
UNSETTLING IMAGES: The scene took place in front of TV crews covering the Trump trial, with a CNN anchor calling it an ‘emotional and unbelievably disturbing moment’ A man who doused himself in an accelerant and set himself on fire outside the courthouse where former US president Donald Trump is on trial has died, police said yesterday. The New York City Police Department (NYPD) said the man was declared dead by staff at an area hospital. The man was in Collect Pond Park at about 1:30pm on Friday when he took out pamphlets espousing conspiracy theories, tossed them around, then doused himself in an accelerant and set himself on fire, officials and witnesses said. A large number of police officers were nearby when it happened. Some officers and bystanders rushed
Beijing is continuing to commit genocide and crimes against humanity against Uyghurs and other Muslim minorities in its western Xinjiang province, U.S. Secretary of State Antony Blinken said in a report published on Monday, ahead of his planned visit to China this week. The State Department’s annual human rights report, which documents abuses recorded all over the world during the previous calendar year, repeated language from previous years on the treatment of Muslims in Xinjiang, but the publication raises the issue ahead of delicate talks, including on the war in Ukraine and global trade, between the top U.S. diplomat and Chinese