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NY AG obtains $53 million judgment against company selling debt relief on student loans

Courts State Issues State Attorney General Student Lending Debt Relief Usury Telemarketing Sales Rule

Courts

On March 30, the U.S. District Court for the Southern District of New York entered a default judgment and order against a student debt relief company, which requires the payment of $53 million in statutory penalties, after the defendant failed to respond to a suit filed by the New York attorney general. The AG alleged that the defendant sold debt-relief services to student loan borrowers that violated several laws, including the state’s usury, banking, credit repair, and telemarketing laws, and the federal Credit Repair Organizations Act and the Telemarketing Sales Rule. In addition to the $53 million penalty, the order permanently bans the defendant from engaging in debt-relief activities, collecting on loans related to its debt relief products or services, or using any personal information it has for student borrowers. The court also ordered the defendant to turn over financial records and authorized the AG’s office to seek additional restitution and disgorgement on the basis of those records. The order follows a 2020 stipulated judgment entered against other defendants in the action, which included a $5.5 million judgment (covered by InfoBytes here).