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An Epic Battle.pdf

Cioffi_Serritella_Law360.pdf
Preview of an epic battle
🔗 Source: dglaw.com
📊 Size: 151 KB
👤 Author: By Joseph Cioffi and James Serritella
⬇️ Downloads: 207

Summary

Several US states are taking action to regulate student loans, citing a lack of federal enforcement, with some passing consumer protection laws and others calling for a state ombudsman to manage loan repayment complaints. The Department of Education is pushing back, arguing that federal preemption precludes state interference in the servicing of federal programs, citing the Higher Education Act and the supremacy clause of the Constitution. There are three types of preemption: field preemption, express preemption, and conflict preemption, with the Department of Education arguing that state regulation of student loan servicing should be preempted under the HEA. However, courts have yielded mixed results in recent consumer lawsuits against servicers, and the issue is likely to be decided by the courts.

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Description

Several US states are taking action to regulate student loans, citing a lack of federal enforcement, with some passing consumer protection laws and others...

Technical Information

  • File Format: PDF
  • File Size: 151 KB
  • Pages: 3
  • Language: EN
  • Author: By Joseph Cioffi and James Serritella
  • Total Downloads: 207
  • Last Updated: 1 week ago

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