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HEA

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9th Cir. Says NEA Pre-empts Some Student Loan Debt Servicing Issues

by Scott J. Hyman |

In Chae v. SLM Corporation, 593 F.3d 936 (9th Cir. 2010), the U.S. Court of Appeals for the Ninth Circuit held that the federal Higher Education Act preempts student borrowers'  claims that Sallie Mae, Inc.'s interest rates, late fees, and payment schedules violate California law. In conclusion, the Plaintiffs’ allegations that Sallie Mae makes fraudulent misrepresentations in its billing statements and coupon books are… Read More

District Court (Cal.) Says No HEA Pre-emption for FDCPA Claims, But Rosenthal Act Claims Were Preempted

by Scott J. Hyman |

In Wheeler v. Premiere Credit of North America, LLC, 2015 WL 222459, at *1-2 (S.D.Cal.,2015), Judge Curiel found that the HEA did not preempt the FDCPA, but did preempt the Rosenthal Act -- as to the claims pleaded.  The facts were as follows. Defendant is an accounts receivable contractor authorized to perform collection activities on defaulted student loans on behalf… Read More