News, Views and Careers for All of Higher Education
May 4, 2007
It almost seemed like a dare last month when Nebraska Attorney General Jon Bruning said he had reached a settlement with the Lincoln-based lender, the National Education Loan Network. At a time when New York’s attorney general, Andrew M. Cuomo, had been filing subpoenas and dishing out charges against lenders and colleges right and left, the settlement — which the Nebraska official said resolved “very minor” mistakes by Nelnet and “closes the book” on Nelnet’s potential legal problems — seemed to say: “Back off, Mr. Cuomo, I’ve got my local lender covered.”
Thursday, however, Cuomo opened what he called a “new front” in his ever-expanding investigation into the student loan industry — and this time, Nelnet was a central target, as were dozens of college and university alumni associations with which the Nebraska lender has formed partnerships. Cuomo announced that he was sending subpoenas to 90 alumni groups seeking information seeking “full disclosure” about arrangements in which Nelnet has paid them fees and, in some cases, a share of revenue in exchange for the right to market consolidated education loans to graduates of their institutions.
The investigation, Cuomo said, is exploring “whether alumni associations received and failed to disclose payments from Nelnet for steering their members exclusively to the student loan consolidator.” The attorney general asked the alumni groups for documents related to:
“Unfortunately it appears that student loan scams don’t end at graduation, Cuomo said in the explosive language he has often used over the two months in which his student loan inquiry has held the spotlight. Today we have taken the next step in bringing justice to students and former students who have been victimized by the college loan industry. He added: “Our investigation seeks to put an end to kickback schemes and pay-offs that benefit lenders and their partners — be they schools or alumni associations — at the expense of students trying to control their debt.”
Cuomo’s news release specifically mentioned about 10 colleges and universities in New York State, including Iona, Juilllard and Le Moyne Colleges and several campuses in the State University of New York System, as well as several institutions outside the state, including Virginia’s James Madison and Old Dominion Universities and the University of Illinois.
But Nelnet’s Web site contains links to about 120 “alumni partners” — college and university alumni associations around the country that are part of the company’s five-year-old “affinity marketing program,” which Nelnet described in a 2004 newsletter.
In a statement released late Thursday in response to Cuomo’s subpoena to the company, Nelnet described the attorney general’s action as “very surprising to us,” given the company’s cooperation with Cuomo’s office to date. “Throughout the New York Attorney General’s inquiry process we have open regarding our relationships with alumni associations, and in fact specifically discussed this issue with his office several weeks ago.”
The Nelnet news release contained an excerpt that appears on a page on its Web site that describes the affinity program, which notes that in exchange for the right to use “certain intellectual property” of alumni groups, such as member lists and the groups’ logos, “Nelnet typically pays the alumni association an annual fee, as well as, in some cases, a fixed fee for each loan consolidation application ready for guarantee that is received by Nelnet from a borrower on a member list.”
Because (1) many of the alumni groups are independent of their institutions, (2) none of them play a role in their universities’ selections of preferred lenders for current students, and the alumni associations are not involved in directly contacting prospective applicants, “Nelnet has concluded that these affinity and license agreements do not constitute prohibited remuneration and are permitted under federal law,” the company said.
But the company’s statement also suggested that its officials would make some changes in response to Cuomo’s inquiry. “[T]o eliminate any potentially perceived conflict of interest, Nelnet will disclose to the individuals consolidating their loans any monetary arrangement that goes to the alumni association,” it said. “In addition, Nelnet intends to work with alumni associations to eliminate any fixed fee that Nelnet pays for each consolidation loan application.” The company said such a change would be consistent with the voluntary code of conduct it announced last month in its settlement with Bruning.
One alumni association that had appeared on Nelnet’s list of alumni partners until recently ended its arrangement with Nelnet prematurely last month after questions were raised about the deal. The Star-Tribune reported last month that the University of Minnesota Alumni Association had earned nearly $130,000 over three years in its deal with Nelnet, under which the lender paid it $100 for every consolidated loan.
Margaret Carlson, the association’s chief executive, told the Minneapolis paper that the association had used the funds to keep the group’s $40 membership fee from rising, and that many of her colleagues at other Big Ten universities “feel that this is a very good program.” Carlson said. She said, however, that the association had decided to end the contract early “based on reputation and perception.”
In a separate announcement Thursday, Cuomo’s office announced that Dowling College had agreed to sign the attorney general’s code of conduct and end two relationships that had drawn the state’s scrutiny. Under a “school-as-lender” relationship with Sallie Mae, the college had agreed to sell loans it had made to students to Sallie Mae and then recommend Sallie Mae exclusively to students who sought to consolidate their loans. And Dowling’s athletics director had entered into an arrangement with University Financial Services under which the lender would pay $75 for every loan consolidated through the company, in exchange for letting the company use Dowling mascots and logos in its marketing of consolidated loans.
Want it on paper? Print this page.
Know someone who’d be interested? Forward this story.
Want to stay informed? Sign up for free daily news e-mail.
Advertisement
I’m pleasantly surprised that alumni organizations are on the radar for consolidation deals.
I’m not an attorney and don’t know what current law is on these deals, but if there is no illegality associated with per-consolidation payments to alumni associations, there probably should be. In recent years, consolidators have exploited the remove at which alum orgs operate—they’re usually incorporated separately from the university, and operate quite autonomously. When lender-enablers dangle enough money, watch how fast consolidation referrals pour in—all in the name of serving the alums, of course.
Financial aid offices are usually not privy to these deals, and are usually livid when they learn of the deals’ terms. As aid professionals, they could have provided valuable perspective on a subject that alumni organizations are simply not wired to understand.
The aid community has been undergoing a learning curve about consolidation over the past few years. It used to be off the radar entirely once Johnny graduated, except for a couple of sentences during exit counseling. Now, there’s just too much money in play, and consolidators bombard graduates with appeals by mail, phone, spam, and pop-up.
The aid office must take more ownership of the consolidation process. If it does not, two things will happen: consolidators will continue finding ways to do end runs around FAOs to get at the graduates (ideally, corralling huge numbers together at venues like the alumni office), and, the legislative response to the circus will be ill-informed and insufficient.
finaidfollies, at 8:45 am EDT on May 4, 2007
Again AG Cuomo has overstepped in his zeal to make a name for himself. I hope he does not stop with Alumni Associations (including his own). Here is a a place to start; the New York Bar Association offers an affinity card at http://www.nysba.org/Content/Cont.../Bank_of_America/Bank_of_America.htm
And lookee here, it is one of the banks that just purchased Sallie Mae. I am sure he will surrender his card as soon as he finds out.
Bob, at 8:50 am EDT on May 4, 2007
I have been waiting patiently for all of this to explode sine the My Rich Uncle advert last July and knew this would be bad when my first student asked me “who’s your preferred lender and why.” I had 3 more out of a class of 35 (enrollment of 300 and I’m a one woman office). It was a big clue and I knew that advert was going to resonate with the public. The funny part is that MRU wanted to feed in the trough of the federal loan business where the risk is little and the rewards vast. It was colleges who blocked them at the door, preferrng to keep their convenient arrangements with lenders. It’s all so ironic... The best my profession could come up with was their disdain at someone using the work “kickback” but sometimes you have to call a spade a spade.
I don’t think most of my colleagues in fin aid get it— we’re in for a huge mess and need to take a different approach to this all. As far as I am concerned, we have the perfect opportunity to change higher ed funding for the better of all— students, families and taxpayers (which we seem to have forgotten). I’m not sure who Dallas Martin is representing because it sure is not me. I’m tired of hearing my colleagues pretend this isn’t a huge issue and has been the dirty little secret in my industry for years. I’m also wondering why there is not much chatter about Cuomo taking payments for what???
Every podunk paper in the country has been running articles about this and we in FA need to start deciding which way to go. I spent essentially the last 6 years meeting with my students 1 on 1 to discuss consolidation and all of them ultimately decided they wanted 1 lender/1 payment over a lower rate. My colleagues need to look for the signs: how many of your students are asking you about consolidation and then looking disappointed when you point out they can’t do that loan? They are NOT looking to save a penny but to eliminate the multiple lenders they wound up with due to the secondary loan market they didn’t understand from the get go.
I am fortunate that my school pays me to advise students and I really mean sitting with them for hours going over the history of FFEL, the introduction of DL and the pros and cons of both and then they choose DL of FFEL 100% of the time and it’s not because I strong arm them. All of the students I inherit from FFEL schools 100% ask: why didn’t my school do that? When you ask a FFEL kid who their lender is they all say “the government.” Again, they don’t get it, whether they borrowed only at undergrad (40,000 in alternative loan??? What were you advising or were you?or grad school with most of them entering with well over $150,000 plus in most cases and leaving my school with another $175,000. And I truly pity the School as Lender schools because your kids feel like they were lied to and ripped off because of your shortsighted selfishness— it does not matter to them how you spent it. They don’t care and neither do I.
What we are setting in motion is kids searching on line to save a quarter year after year, lender hopping thinking they are really saving money. I’m scared as to what an exit loan session will be if we (and the DOE) encourage this attitude. I’ve already watching Simple Tuition and the Greentree Gazette salivating at what they can make as another pig at the trough.
In case you are wondering: I have kids from most every school in the country: big private, small private, public. It is I who is explaing to kids and parents that their “Big U” loan is actually a “Big Bank Alternative Loan” and they are pretty angry about it all.
In short: I don’t think we as FA folks can rationalize our way out of what was set in motion. We allowed it to happen to higher ed funding and a lot of folks stuck their snouts in the trough to eat as well and I don’t mean nice dinners— it the cost shifting of most everything in the FA office to a bank who was willing to pick up the cost and make my job easier and all the while pretend it was somehow magically free.
In closing, I find it even more humourous how we are all now the patsys for the banks and truthfully, from the parents I have heard from in the last months looking like a bunch of jackasses. Granted Direct is not the best run but how could it be? We never gave it a chance and complained the DOE wasn’t servicing us well enough—not the STUDENTS but us is what I hear from former DL schools. I’ve read many ridiculous comparisons about the pharmacutical industry and Dr’s but I have to point out: Merck is NOT funded by the taxpayers so I really don’t think it’s a good anaology. I prefer to think of it another way: folks on Medicare don’t get much choice... nor should student borrowers in a federally backed loan program being milked for millions by banks, guarantors, servicers, consolidators, search engine folks, marketing companies, schools, alumnae associations... the list goes on and it will keep growing.
My revolutionary take: students have a choice: either take a federally backed loan from the government or don ‘t. There’s your choice.
Ann Doherty, at 9:55 pm EDT on May 4, 2007
Funny but when I have students coming from a DL school to my ffelp school they want to know why they didn’t get a choice at their previous school and why they can’t have the same borrower benefit. See I am in a secondary market state where the student can get zero interest for the life of the loan. Also, the fees are covered by the lender which it wasn’t at the DL school. So when I explain the difference in the two programs, they always want to know why any school would participate in a program that charges them fees and gives them no choice or benefit. Also let us not forget that the fdslp has billions in loan volume already. Some of the biggest schools are in DL. How can you say we didn’t give them a chance? How about saying what have they done with the billions they have been given and why with that billions have they not been able to make anything any better in 14 years? From experience, why would I give more to someone that can’t handle what they already have?
K, at 10:00 pm EDT on May 8, 2007
My students are told that nothing is for free. The loan fees they had covered by the lender etc... were basically just a penny of the profit the lender is gaining. They have a choice to go FFEL and it is explained to them one on one what their options are. I encourage my students to think a bit more macro and long term— the penny you saved came out of a banks profit—wasn’t that nice of them to share? Direct doesn’t offer perks (and nor should it) but more importantly it can’t: remember the 9.5 recycling of loans with borrowers only picking up 2.875— geez, I wonder where the money went? Maybe it’s helping to pay for those “free” loan fees I got from Oopsie Moo of Numnet. Hooray for me— I got my students less than 3% but now they have to pick up the difference anyway since their lender is guaranteed 9.5. What have you saved them really? Are we surprised that the interest rates couldn’t be cut in half by Congress. I know I wasn’t surprised based on the amount of money bled out of the treasury in the past 5 that paid for the double digit profits in student lending.
Reductions in fees, repayment incentives are for the most part smoke and mirrors. My main point is really: why is federal student lending a multi billion dollar business in the first place? I don’t think students (and parents) want to have a profit made off of them in this way and I as a taxpayer and FA am pretty tired of the rationalizing away of stuff and calling it “free.” As a fiscal conservative I frankly don’t think giving a social program to capitalists is the best idea— 2 competing motives that will never agree. I’ll never be convinced a bank is in it to send Poor Johnny to school... they are in it for the money and to maximize profits for their shareholders and I’m totally OK with that but not in a government paid for a social program.
Ann Doherty, at 9:00 am EDT on May 10, 2007
Ann Doherty clearly thinks that there is something dirty about someone making a profit. I wonder what her colleagues at the Harvard Business School think about that.
adwhite, at 7:40 am EDT on May 14, 2007
Advertisement
or search for jobs directly.
Responsible for the management of the financial aid office, the delivery of student aid funds to eligible students, and the ... see job
Explore the Path to Possibilities at Community College of Philadelphia, the largest public institution of higher education in ... see job
Job Description: The Campus Director of Financial Aid is responsible for the direction and coordination of all activities ... see job
Description Our work environment is dynamic. Our people are valued. A rewarding career awaits you at Concorde! Concorde ... see job
A GREAT JOB IN A GROWING CAMPUS: DeVRY COLLEGE OF NEW YORK Director, Student Finance see job
Use your special gifts, embrace your passions and achieve the happiness you are destined for with a career at Concorde Career ... see job
Posting Number: 0080043 Filing Deadline (All postings close at 4:00 PM): 01-16-2009 Job Type: Administrative — Associate Dean ... see job
The Director of EOF is responsible for meeting the needs of students as they relate to their educational planning and goals; ... see job
Job Description: The Campus Director of Financial Aid and Registration is responsible for the direction and coordination of ... see job
Job Description: The Director of Student Financial Services is responsible and accountable for development, maintenance and ... see job
Cuomo and Nelnet
The Lederman article called Mr Cuomo’s language regarding the Nelnet case “explosive". I would call it revelatory to those students who, in the end, paid these fees unknowingly and with no disclosure whatsoever to the borrower. We in the financial aid community need to stop killing the messenger! Whether we’d lik eto admit it or not, Mr. Cuomo has uncovered some rather unsavory business practices at some colleges and universities. He is to be commended rather than castigated.
feudi pandola, at 8:45 am EDT on May 4, 2007