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Financial Services Law Insights and Observations

Illinois Department of Financial and Professional Regulation issues guidance to student loan servicers

State Issues CARES Act Student Loan Servicer Covid-19 Illinois Debt Relief Unfair Credit Reporting Agency

State Issues

On March 30, the Illinois Department of Financial and Professional Regulation, Division of Banking (Division), issued guidance encouraging Illinois-licensed student loan servicers to make prudent efforts to meet the financial needs of all student loan borrowers affected directly or indirectly by the Covid-19 pandemic. The guidance reiterates the importance of provisions in the Illinois Student Loan Servicing Rights Act that prohibit servicers from engaging in any unfair or deceptive practices and misapplying payments made by borrowers. Servicers are reminded that they are obligated to lay out all available options to borrowers, including income-based repayment, deferment, forbearance, and relieving borrowers of interest. In addition to adhering to the credit reporting provisions set forth under the CARES Act, the Division also encourages student loan servicers to use the disaster status code in conjunction with a deferment when reporting to the consumer credit reporting agencies to minimize any negative credit reporting impact to consumers due to the Covid-19 crisis.