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Financial Services Law Insights and Observations

CFPB to examine college lending

Federal Issues CFPB Student Lending Examination Supervision Consumer Finance

Federal Issues

On January 20, the CFPB announced its plans to examine the operations of post-secondary schools that extend private loans directly to students and update its exam procedures, including a new section on institutional student loans. The Bureau noted that it is “concerned about the borrower experience with institutional loans because of past abuses at schools,” high interest rates, and strong-arm debt collection practices. When examining institutions offering private education loans, in addition to examining general lending issues, the Bureau noted that examiners will review certain actions only schools can take against their students, which include, among other things: (i) placing enrollment restrictions; (ii) withholding transcripts; (iii) improperly accelerating payments; (iv) failing to issue refunds; and (v) maintaining improper lending relationships. The education loan exam procedures manual is intended for use by Bureau examiners, and is available as a resource to those subject to its exams. These procedures will be incorporated into the Bureau’s general supervision and examination manual.