Udall and Heinrich Call for Investigation of Allegations that “Debt Relief” Firms are Exploiting Students

WASHINGTON, D.C. – U.S. Senators Tom Udall and Martin Heinrich have called on federal officials to investigate allegations that so-called “debt relief” companies have been using deceptive practices to profit from students seeking assistance in repaying their college loans.

 

The federal government provides tools to help students manage their college loans free of charge, but a new National Consumer Law Center report revealed that private companies are taking advantage of students by charging them up to $1,600 up front and $20-$50 in monthly fees to participate in these free federal repayment programs. 

 

“Recently, I have heard of misleading ads geared towards New Mexico students and parents from organizations that aim to benefit from those who are not aware of the free borrower assistance programs provided by the federal government,” said Udall. “Our students are amassing record levels of debt in order to achieve their higher education degrees, and we need to do everything we can to ensure that unethical business practices are not taking advantage of the ongoing student debt crisis.”

 

“It’s disturbing to think that unscrupulous, private companies are trying to profit from student borrowers at a time when they are struggling to pay off their loans and make ends meet,” said Heinrich. “New Mexico students and their parents deserve to be protected from these deceptive and unethical practices.”

 

In a letter to Secretary of Education Arne Duncan, Federal Trade Commission Chairwoman Edith Ramirez and Consumer Financial Protection Bureau Director Richard Cordray, the senators joined 21 of their colleagues in noting that the report also revealed numerous potential violations of consumer protection laws and found that many for-profit companies falsely claim to be connected with the Department of Education and other government agencies.

 

Americans currently owe more than $1 trillion in student loans and the overall financial burden from student loan debt is second only to debt from mortgage borrowing. New Mexico has seen an increase in student loan borrowing as tuition rates have risen across the state. Moreover, there have also been reports in New Mexico of untrustworthy advertisements and websites aimed at lowering student loan payments or providing cash assistance.

 

 

 

Arne Duncan, Secretary

Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

 

Edith Ramirez, Chairwoman

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

 

Richard Cordray, Director

Consumer Financial Protection Bureau

1700 G Street, NW

Washington, DC 20552

 

July 11, 2013

 

Dear Secretary Duncan, Chairwoman Ramirez, and Director Cordray:

 

We write to call your attention to the recent National Consumer Law Center (NCLC) report “Searching for Relief: Desperate Borrowers and the Growing Student Loan ‘Debt Relief’ Industry.”  We are deeply concerned by the report’s findings, which indicate that some private companies are mischaracterizing federal student loan repayment programs as their own and charging exorbitant fees to enroll people in free government programs.

 

As you are aware, student loan debt stands at an overwhelming $1 trillion, and is currently second only to mortgage loan debt.  The vast majority of this debt is owed to or guaranteed by the federal government.  Over the years, Congress has created borrower assistance programs, such as Income-Based Repayment, loan consolidation, and forbearance options, to help borrowers manage their debt.

 

The government provides these tools to student loan borrowers for free.  Yet, the NCLC report finds that a growing number of private companies are exploiting student loan borrowers to make a profit, charging up to $1,600 up front and $20-$50 in monthly fees to participate in free federal repayment programs.  This is simply unacceptable. 

 

In addition to charging money for free government programs, the report found that companies are falsely implying an affiliation with the Department of Education or other government agencies, failing to safeguard consumer financial information, and possibly violating the Credit Repair Organizations Act and the Telemarketing Sales Rule by requiring payment before providing any assistance.

 

We urge you to look closely at all of these issues.  Existing law should be enforced, and new rules should be considered where appropriate.  We owe it to student loan borrowers – and to taxpayers – to ensure that unscrupulous businesses are not taking advantage of the student debt crisis.

 

Federal student loan repayment should be manageable and free from misinformation. We look forward to collaborating with you to protect student loan borrowers and their families from financial exploitation and abuse.

 

Sincerely,

 

 

Barbara Boxer

United States Senator

 

Tom Harkin

United States Senator

 

Jay Rockefeller

United States Senator

 

Elizabeth Warren

United States Senator

 

Kirsten Gillibrand

United States Senator

 

Brian Schatz

United States Senator

 

Jack Reed

United States Senator

 

Richard Blumenthal

United States Senator

 

Ron Wyden

United States Senator

 

Dianne Feinstein

United States Senator

 

Ben Cardin

United States Senator

 

Al Franken

United States Senator

 

Patty Murray

United States Senator

 

Mark Warner

United States Senator

 

Carl Levin

United States Senator

 

Heidi Heitkamp

United States Senator

 

Mark Udall

United States Senator

 

Martin Heinrich

United States Senator

 

Debbie Stabenow

United States Senator

 

Jeff Merkley

United States Senator

 

Claire McCaskill

United States Senator

 

Tom Udall

United States Senator

 

Barbara Mikulski

United States Senator