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Private Lender Accused of Misleading Students

Like many lenders that offer private loans to students, Loan to Learn has benefited greatly from a boom in which such loans have seen their share of the market grow to 18 percent of all student loans and about 10 percent of all student aid awarded — a total of $13.8 billion in 2004-5.

But in a complaint filed last week with the Federal Trade Commission, the United States Student Association charges that Loan to Learn and its parent company, EduCap, Inc., have built their successful business in part by engaging in “false and deceptive advertising practices” in its marketing and advertising materials that are designed to “discourage customers from applying for federal grant and loan aid, and to make the company’s loans appear to be a preferable alternative.”

When first contacted Wednesday, company officials said they had not yet seen a copy of the complaint and therefore could not comment on it. After being provided with a copy of the document, a spokesman, Tom Calcagni, said its officials were reviewing the specific accusations in the complaint but could not comment on them at this point.

He added, however, that officials at EduCap/Loan to Learn thought it was “somewhat inappropriate that [the student association] didn’t make an effort to contact us to discuss the matter with us directly” before complaining to the trade commission. Calcagni also said the company, in its 20 years in business, “has helped innumerable students and their families during that period, and also has a very, very good working relationship with the financial aid community.” EduCap had run the marketing materials in question by college financial aid directors.

Loans from non-federal sources have exploded in recent years as tuition costs have soared, grant aid has stagnated, and some students have hit their caps on the amount of federally subsidized loan funds they can borrow. In a paper presented at an American Enterprise Institute conference on student loans this week, Joseph Williams, author of Cheating Our Kids: How Politics and Greed Ruin Education, quoted the company’s founder, Catherine B. Reynolds, as saying that her company has proven that one can “do well by doing good.” (Reynolds was a member of the Secretary of Education’s Commission on the Future of Higher Education, which included and then dropped a provision encouraging the use of private loans from its final report.)

Williams posited: “If you believe the widely held notion that earning a college degree is itself an investment in one’s own human capital, ... it can be argued that EduCap has made such an investment possible for thousands of Americans who might otherwise have found themselves with few affordable higher education options.”

In its complaint, the student association paints a different picture. It suggests that Loan to Learn, in a handbook called “Demystifying Financial Aid” that the company posts on its Web site and distributes to prospective borrowers, actively and misleadingly tries to dissuade students from options that would be more affordable for them, especially federal grants and loans. (Another paper presented at this week’s AEI conference, by Richard Lee Colvin of the Hechinger Institute at Columbia University’s Teachers College, says that Loan to Learn charges some students interest rates of up to 19.37 percent.)

The student association cites several charts, tables and statements in the Loan to Learn materials that it describes as false and deceptive. Among the most significant are statements that:

  • Private loans can “be used for any education-related expense, including those not covered by most federal aid (computers, books, transportation).” “This is false,” the student association says. “All of the federal financial aid offered by the U.S. Department of Education can be used for computers, books, and transportation as well as other costs related to college. Some IRS tax credits and deductions,” the student group notes, “apply only to tuition and required fees.”
  • “[M]ost government loans are need-based.” False, USSA says: “All college students are eligible for federally backed loans, regardless of need.”
  • Private loans carry more flexible terms. “The federal loan programs provide for deferments and forbearance for many exigencies, flexibility not generally provided by private loans.”

The student group’s complaint also takes issue with two charts contained in the Loan to Learn document.

One bar chart — under the title “Private Loan Volume Compared to Other Selected Types of Federal Financial Aid” — compares the $13.8 billion in private student loan volume in 2004-5 to the $7 billion in PLUS loans, $1.3 billion in Perkins Loans, and $1.2 billion in Federal Work Study funds distributed that same year. Missing, notably, is the more than $50 billion in other federally backed loans held that year.

“The chart is designed to make it appear that taking out private loans for college is not only common but the dominant practice for American families,” USSA says. “This is false: private student loans are growing, but are neither common nor dominant.”

The other chart — “Gap Between Federal Aid and Cost of Attendance in the Freshman Year of College” — pegs the “Average Cost of College” at $31,916, and the “Federal Aid Limit” at $2,625, suggesting that most students would have a $29,291 gap between what they must pay and what the federal government will give them.

But there is no such “federal aid limit,” the student group asserts. “The $2,625 figure is the first-year limit on Stafford loans for dependent students. But students, even in the first year, can take out federal PLUS (parent) loans, and may be eligible for Pell Grants or other federal aid. Students may also receive aid from the institution, state and other sources.” Additionally, only in smaller type does the company note that the hefty figure it cites for the cost of college applies to a private four-year institution, while the vast majority of students attend public two- and four-year colleges.

“With prominent advertisements on the U.S. News college guide site, the company is aggressively encouraging students and parents to take out high-interest private loans of up to $50,000 per year,” the student association concludes. “The company’s false and deceptive practices need to be stopped immediately, before any more families are victimized.”

Officials at the Federal Trade Commission did not return messages seeking comment.

Doug Lederman

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Comments

There is no consumer protection provided by the federal government on student loans.

The government itself (DOE) has more power to collect than any bank or credit agency.

The problem is that for most loans (guaranteed), the financial institutions make the profits, and the government takes the risk.

Harold Sewell, at 8:15 am EDT on August 4, 2008

Pro-active Financial Aid Counseling

This is another example of why colleges and universities must employ a practice of pro-active financial aid counseling whereby prospective students who have applied to their college are contacted within 24-72 hours to discuss their financial aid options. Sometimes these calls must be made during evening hours when the prospective student is available to be counseled and complete the FAFSA online with the counselor. Not only does this practice ensure the student is aware of their options, it also helps to increase enrollment for the school.

Sandra kemp, Global Financial Aid Services, at 10:50 am EDT on September 28, 2006

I don’t see where this Loan to Learn has done anything wrong or deceptive. The complaints are more arguments about interpretation of the wording. The complaints contain wrong information.

” But there is no such “federal aid limit,” the student group asserts. “The $2,625 figure is the first-year limit on Stafford loans for dependent students. But students, even in the first year, can take out federal PLUS (parent) loans, and may be eligible for Pell Grants or other federal aid. Students may also receive aid from the institution, state and other sources.” ”

Students cannot borrow PLUS loans to meet their cost of attendance, their parents can. For a student who is deemed dependant by financial aid and whose parents are not helping them, this is where Private Loans play a huge part in helping them attend school. And there most certainly is federal aid limits, both on what you can borrow depending on year in school and the maximum you can borrow to complete a Bachelor’s degree. The complaints by the USSA assumes that students are a) economically eligile for grants and b) that the students’ parents are willing to help with the cost of education. Both of these assumptions are false for a lot of students. And this is where the Private Loan world helps students achieve their educational goals.

Mary Bauer, at 12:20 pm EDT on September 28, 2006

Do you think we’re fools?

I have met hundreds of people whose lives are been ruined by credit card like interest on their student loans. In many cases, these individuals believed they were receiving a publicly guaranteed loan, but were mislead by dishonest and shameless financial aid staff, eager to close another deal.

The American people are catching onto this game. Those responsible for railroading this vulnerable segment of our population into ruinous debt situations ought to be ashamed of themselves.

As University Administrations fatten their bank accounts, allthewhile hiding behind an increasingly thin veil of serving the public interest, America is Watching.

Go to www.studentloanjustice.org to see how these wreckless, unchecked bureaucracies are affecting decent American citizens.

Alan Collinge, Founder at Studentloanjustice.org, at 3:10 pm EDT on September 28, 2006

Allen, people like YOU are the real problem. I saw you on 60 minutes, crying about how mean old Sallie Mae ruined your life. Did you try to pay back your student loans? Did you ask for a deferment or a forebearance? How is it that you managed to get a college education and didn’t understand that you were BORROWING money and had to PAY IT BACK!!

I take serious offense, as a financial aid administrator, at being called dishonest. I am not lining my pockets. If I wanted to get rich I would not be working in this field. I’m fairly certain that I can speak for all of my colleagues when I say that we always work to HELP, not hurt our students. I have no agenda and I am not in bed with any lender.

I hope Sallie Mae gets an injunction against you and shuts down your website. Grow up.

Wendy, at 10:30 am EDT on September 29, 2006

Attacks against Educap are unfounded

I read with interest your news item in regards to the allegations about Educap and their publication “Demystifying Financial Aid". The claims by the U.S. Student Association are very misleading and false and I wanted to comment that Educap has done nothing but provide excellent student support and customer service for the last 20 years.

First, USSA needs to make sure that their organization reads the entire publication first before making claims of falsehood and credibility. I have read the entire publication numerous times and found it to be very helpful to my students and to me as a financial aid administrator. Educap does a wonderful job in explaining the purposes of the FASFA and need-based programs, discusses comparisons of all loans both federal and private and explains the benefits of repayment and good credit decisions within their publication. USSA in their allegations has chosen to cut and post snippets of information in their complaint to the FTC and this is misleading and sheds very poorly on their organization for building a case against Educap or any other private lender within the educational community. Their complaint is filled with false information and they should be very ashamed of misrepresenting valued lender information.

Second, as a grassroots student organization, I would think that USSA and their President would have taken the time to explore all the facts and digested the entire publication before making very false claims. I saw nothing in their complaint from schools or students that had issues with the publication or the facts therein and in their letter of complaint there was misleading information as students may not borrow Plus loans as only their parents can as undergraduate students- the students cannot borrow Plus loans as students.

Third, the publication from Educap rightly suggests that the federal yearly loan limits are too low and many in and out of state students at my University have to explore outside options for lending since the federal freshmen year loan of $2625 is too little and does not cover the room and board, tuition and fees, books and supplies, personal and travel cost of attendance budgets for either in or out of state schools. I would think that the USSA should spend their time and resources lobbying Congress and the Department of Education to raise the federal grade level loan limits and not attack the various private lenders that do an excellent job of providing alternatives for students to realize their dreams of an education.

Lastly, I pride myself on my counseling and lender partner relationships with various lenders and organizations across the country. We work hard as school to get the best loans and rates and opportunities for all students with various types of needs. USSA may be looking to attack these types of lenders for their foresight and truths that they express daily to students and their parents and I can speak for my students at Virginia Tech that USSA does not represent them or their beliefs about choices within education. USSA needs to realize that this complaint and attack against Educap did not benefit to them as a student group but showed that they complain with limited information and also misperceptions and false statements. Next time you may want to make sure that they have all their facts and allegations correct before you publish an attack against lenders that pride themselves on excellent student services and help students realize their dreams of an education. Private lending has saved many students from leaving their pursuits of a higher education and I value lenders that take the time to listen to schools and to our students and parents. They should be commended and not attacked in a public forum.

Tony Sutphin, Coordinator of Scholarships, Loans and Federal Work study at Virginia Tech, at 10:45 am EDT on September 29, 2006

Loan to Learn Statement

The allegations made by the U.S. Student Association in a letter to the FTC are false and contrary to EduCap’s philosophy and business practices of 20 years. Further the implication in the Inside Higher Ed article that there is an FTC proceeding pending against EduCap also is false.

The Association’s claims are a self-serving interpretation of Loan to Learn’s Demystifying Financial Aid publication on its web site and an insult to the third-party experts who reviewed and approved the document before it was published. Anyone who reads this document appreciates the comprehensive and valuable information it provides regarding the complex financial aid process.

For two decades, EduCap has worked tirelessly on behalf of students, their families and Education. During this time we have made a difference in their lives by providing access to funds for their dream of higher education. Perhaps the U.S. Student Association would serve America’s students better by putting its energies and PR efforts into increasing the percentage of federal financial aid available to needy students.

If the Association truly wants to have an impact on the lives of those it represents and on the future of this country, the Association should begin to address this critical issue of federal funding in a serious manner. EduCap strongly supports a federal loan program that emphasizes access to higher education and financial aid for needy students.

To download a copy of Demystifying Financial Aid, please go to www.loantolearn.com.

Loan to Learn, at 10:55 am EDT on September 29, 2006

Use Private Loans As A Last Alternative

It’s unanimous. No one will argue that education is one of the most positive decisions a person can make for himself. However, the cost of college is intimidating. For many it becomes a great deterrent. Even today, many young ambitious adults are verbally scorned at expressing the idea of borrowing a federal student loan to further their education. But it is these same young financially inexperienced adults who are subconsciously encouraged to take out private loans.

Private loans have there place in the market but should never replace a federal student loan. Students should always be encouraged to seek the maximum loan limit in the federal loan program before borrowing from a private lender. Why? Because there are safeguards built into the federal loan programs implemented to protect the borrower. Similar to credit cards, private loans have absolutely no cap on the interest rate that can be charge. This places the borrower at an extreme high risk of random, incomprehensible variable interest rates increases. However, in the federal student loan program interest rates are capped at 8.25% for Stafford Loans and 9% for PLUS Loans. And if the borrower defaults on a federal student loan the interest rate is raised to 18.5%. Private lenders have the flexibility to charge a daily interest rate that quashes the default rate limit of the federal loan program.

Borrowers thinking of taking a private loan should know that many private lenders do not offer the option of a fixed rate consolidation. Most private loan lenders will only extended the term of the loan giving you more time to repay at a variable interest rate. Conversely, in the federal loan program the borrower is afforded both benefits – a fixed interest rate and an extended term.

Most importantly, borrowers with both federal and private loans should never consider consolidating their federal loans with their private loans. This would be a huge mistake. All of the benefits of a federal loan – deferment, forbearance, fixed rate consolidation, interest rate caps and loan forgiveness – are compromised. And if a federal loans is paid-in-full with a private loan that’s it, this can not be reversed.

I encourage young adults and students to further their education. To take advantage of the educational loan programs that will get them to the graduation line. But, in life you must act responsibly. Paying for college is no different. There are many, high risks involved with private loans. Although, the purpose for there use is great, borrowers have to ask questions and continue to ask until they understand. Once confusion sets in mistakes will be made. I am an advocate of the federal student loan program. It is a highly regulated program that should be completely exhausted prior to seeking a private loan.

Ms. Lane, President, at 2:05 pm EDT on September 29, 2006

Use Private Loans As A Last Alternative

t’s unanimous. No one will argue that education is one of the most positive decisions a person can make for himself. However, the cost of college is intimidating. For many it becomes a great deterrent. Even today, many young ambitious adults are verbally scorned at expressing the idea of borrowing a federal student loan to further their education. But it is these same young financially inexperienced adults who are subconsciously encouraged to take out private loans.

Private loans have there place in the market but should never replace a federal student loan. Students should always be encouraged to seek the maximum loan limit in the federal loan program before borrowing from a private lender. Why? Because there are safeguards built into the federal loan programs implemented to protect the borrower. Similar to credit cards, private loans have absolutely no cap on the interest rate that can be charge. This places the borrower at an extreme high risk of random, incomprehensible variable interest rates increases. However, in the federal student loan program interest rates are capped at 8.25% for Stafford Loans and 9% for PLUS Loans. And if the borrower defaults on a federal student loan the interest rate is raised to 18.5%. Private lenders have the flexibility to charge a daily interest rate that quashes the default rate limit of the federal loan program.

Borrowers thinking of taking a private loan should know that many private lenders do not offer the option of a fixed rate consolidation. Most private loan lenders will only extended the term of the loan giving you more time to repay at a variable interest rate. Conversely, in the federal loan program the borrower is afforded both benefits – a fixed interest rate and an extended term.

Most importantly, borrowers with both federal and private loans should never consider consolidating their federal loans with their private loans. This would be a huge mistake. All of the benefits of a federal loan – deferment, forbearance, fixed rate consolidation, interest rate caps and loan forgiveness – are compromised. And if a federal loans is paid-in-full with a private loan that’s it, this can not be reversed.

I encourage young adults and students to further their education. To take advantage of the educational loan programs that will get them to the graduation line. But, in life you must act responsibly. Paying for college is no different. There are many, high risks involved with private loans. Although, the purpose for there use is great, borrowers have to ask questions and continue to ask until they understand. Once confusion sets in mistakes will be made. I am an advocate of the federal student loan program. It is a highly regulated program that should be completely exhausted prior to seeking a private loan.

Ms. Lane, President, at 4:30 pm EDT on September 29, 2006

Private Loans

A quick general comment on private student lending (and more to come). As has been said in previous comments, there very well may be a place for private student lending, particularly as has historically been true, for professional and graduate students. But the trend toward high use of private loans to finance undergraduate education is very troubling. As has also been noted, there are critical protections for borrowers built into the federal loan system. These protections developed from the understanding that borrowers with little or no credit history need heightened protection from the private marketplace—There are interest rate caps and limits and also extremely important flexible repayment options and limited cancellation rights. Federal loan protections are not perfect by any stretch and there are very real problems with borrowers’ rights to enforce these rights. But they are an imporant foundation. Without these protections, borrowers are left to the whim of private lenders, some of whom may do the right thing, but that is not enough. Lenders must be required by law to do so. (See Fridays Congressional action to impose usury limits on payday loans made to members of our military. Congress is saying that the private marketplace cannot be counted on to do what’s right...and that without regulation, many lenders will even exploit our nations servicemembers.). I am not saying that private loans are exactly equivalent to payday loans, just that the need for regulation is very real in both instances. And there is tremendous room for confusion as borrowers try to decipher which loans are private, which are federal, the universe of aid they are entitled to etc.. Clear disclosures alone are not enough, but they are an excellent first step toward helping students understand their options.

Deanne Loonin, National Consumer Law Center, at 2:15 pm EDT on October 1, 2006

Response to Wendy

**Please post this comment instead of previous. Thanks.

This is in response to Wendy’s comment. Regarding my personal situation:

First, I paid roughly $4,000 on my student loans prior ro running into financial hardship.

Second: Yes, OF COURSE I requested a deferment. I literally BEGGED for one. Sallie Mae received my request on December 12th, 2001. On December 13th, Sallie Mae closed out my account, and put my loan into default. By my best, conservative estimates, Sallie Mae was profitted about $25,000 on this $38,000 debt, not including interest subsidies from ED.

16 months later, Sallie Mae’s collection company, General Revenue Corporation (GRC), came to me for a second bite of the apple, demanding nearly $80,000 this time

Since that time, I have literally begged to be allowed to repay what I originally borrowed, plus interest. At one point, I even offered to repay A HIGHER interest than what my loans were for. All to no avail.

So now, my original $38,000 debt is north of $100,000 despite my repeated efforts to negotiate a fair and reasonable settlement.

The 60 minutes lawyers were extremely conservative in what they chose to air in that segment, btw, and didn’t explain even close to all the good faith efforts that I made to make good on my debt.

Regarding Wendy’s other comments:

Wendy makes the statement to the effect that we borrowers who are being forced to repay double, triple, or even more than our original debt should stop whining and grow up.

I suggest that Wendy actually take some time to read the submissions from real borrowers at the website (studentloanjustice.org) before making such knee-jerk comments.

It is people like Wendy, who claim to be on the side of the borrower, (when in fact their salaries are supported by the massive increases in tuition costs that we are seeing), who need to be enlightened to how the lenders, guarantors, and collectors act when students leave the universities.

Wendy believes that the borrowers who are feeding this monster should not be allowed to have a voice in this matter, and that the studentloanjustice.org website should be shutdown.

While Wendy collects her paychecks, millions of us are lying awake at night trying to figure out how we will EVER come to terms with this outrageous, exploded deb t, far and away higher then what we originally borrowed.

There WILL be an honest, intellectually rigorous debate on this issue. We WILL NOT be silenced.

Alan Collinge, Founder at Studentloanjustice.org, at 2:20 pm EDT on October 1, 2006

Response to Alan

Alan, thank you for your post. I will now call Sallie Mae and tell them that I no longer owe them $60,000 in student loans and that even if I did, Alan says I don’t have to pay them back. Could you please call my mortgage company, day care, cable and credit card companies and tell them the same thing?

Let me be clear about one thing, and I thought I made this clear in my last post. I DO NOT make money off of student loans. Apparently you believe that financial aid administrators around the country are sitting around making commissions based on the number of loans they produce. I would be very interested to see what facts you have to support that. And please let me know where I can sign up because, as I said before, I have student loans to repay.

When I went to college I was told that a) I would be borrowing money and b) I had to pay it back at such and such interest rate. Therefore, I was not shocked and appalled when Sallie Mae called me and asked for their money. I do the same now for all of the students that I deal with, as do the people on my staff and all of the many, many honest and ethical financial aid administrators that I deal with. If any student tells me that he is unsure or does not want to borrow money, I tell him to go home and think about it.

By the way, I did see your little website and read all of the stories. My question remains: if I have to pay back my loans with interest, why don’t you?

Any time you want to have an open and honest discussion about the issue (i.e. not whining about how unfair life is) the financial aid community is available. In the meantime I plan to make all of my colleagues aware of your crusade. Time will tell what the truth is.

Wendy, at 1:15 pm EDT on October 2, 2006

Sallie Mae and student loans

I was reading these posts and had to interject something. I am the person who posted the story on Alan’s web site under “The Austin Family".Here’s a little update for the “loan officer” or what ever you do. My husband has been summons to court for payback of 92,000. This is 24 years later, on an original note of 39,000 of which we paid 90,000. Since my husband’s misfortune of unemployment and surgery since 2000 Sallie Mae has allowed this loan to sit, to harrass, to violate Fair Debt Collection Practice Acts, so they can sell it back to the Department of Health and Human Services at quite the profit. I’m not good at Math, but in my book that is a 215 % profit. Not bad, when buying a note from a bankrupt Savings and Loan, for pennys on the dollar. Also Sallie Mae for a HEAL note did not grant the Soldiers and Sailors Relief Act of 6 percent cap on interest while husband in military serving our country. HEAL LOAN WAS NOT A GUARANTEED STUDENT LOAN. 14% rates for a military man is a great deal! Dont you think?

troy, at 4:50 pm EDT on October 28, 2006

That’s the problem Troy — Financial Aid counselors are NOT LOAN OFFICERS! They are nowhere near qualified to regulate loan information on a daily basis and are not certified financial planners. They simply distribute an office brochure with the “best assumed” product.

While I understand your dilemma, you can’t fault them Troy — they haven’t the cumulative knowledge for which to be faulted.

CD, student, at 8:20 pm EST on November 1, 2006

Sallea Mae is doing the same to me.

Only one problem.I never finished High School.And Never got a loan to go to College.I was considering taking courses online.And getiing finacial aid. I just filled out for a school.I never took classes. And they are sending my parents bills.In a way I’m glad I didn’t go.It might be worse.This Country makes it difficult for anyone to get an Education.

Kimberly

Kimberly Thiel, None, at 7:15 am EST on November 18, 2006

RESPONSE TO WENDY AND ALLEN

First of all, Wendy, I think your boss should see your previous posts on this discussion and decide if you should be aloud to keep your job after telling a borrower who has thus far made tremendous impact on borrower rights (thank you allen)to “grow up". And in addition to that, you DO NOT speak for all of your colleagues when you say you are all there to HELP. In 2004 I was twice given false information by a Financial Aid Advisor that would’ve led me to have 14% interest rates on an 11K loan when I was fully eligible for a subsidized loan with a 6% rate.

So please, spare your colleagues reputation by thinking before you speak.

MARIA, MS, at 3:20 pm EST on December 18, 2006

Opportunity Loan

Can someone please tell me the justice in Sallie Mae offering these “Opportunity Loans” at various colleges at an interest rate of 21%? Correct, 21% interest with a big time origination fee!

Way to go Sallie Mae! This is some opportunity!

Sallie Mae Borrower, at 10:25 pm EDT on March 19, 2007

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