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Illegal Lending & Mortgage Practices

Unfair Student Loan Practices

If you have student loans, you may be entitled to certain protections under federal law. Federal law generally protects only people with federal student loans, not private student loans. However, some conduct is illegal no matter what, such as a debt collector calling you between 9 p.m. and 8 a.m.

If you have been treated unfairly concerning your student loans, reach out to our consumer protection attorneys. You may be able to recover money and prevent illegal conduct by participating in a class action lawsuit.

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Student Loan Misconduct Details

Federal student loans include Stafford loans, Perkins loans, PLUS loans, and certain other types of loans. If you don’t know whether your loan is federal or private, you can call your loan servicer and ask. The Higher Education Act provides certain protections for people with federal student loans, generally regulating the conduct of debt collectors.

Even if you default on a federal loan, you have options to fix the default. If you can’t afford the payments, you have a right to call your loan servicer and work out a reasonable payment plan, which can be as low as only a few dollars per month. You can also request to consolidate your loans and remove the default.

Even if your federal student loans are not in default, you are entitled to negotiate a lower payment if you can’t afford your current payments. There are several programs for lowering your payments. Your loan servicer should explain the right program for you if you ask.

If you have tried to use any of the above programs, but your loan servicer isn’t following the rules, you may be eligible for relief.

Examples of Unfair Student Loan Practices

  • A debt collector calls you about your student loans at 10 p.m.
  • You are charged collection costs despite making the required payments to rehabilitate your federal student loans.
  • Your federal student loans are not in default, but your servicer refuses to let you negotiate a lower payment, even though you can’t afford your current payments.

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