9/21/2015 — 

WASHINGTON, DC – Seeking to promote and preserve the special consumer protections afforded to military families, U.S. Senators Jack Reed (D-RI), Patty Murray (D-WA), Sherrod Brown (D-OH), and Dick Durbin (D-IL) are calling on U.S. Secretary of Defense Ash Carter and U.S. Secretary of Education Arne Duncan to renew efforts to ensure that service members get complete, accurate, and timely information about their student loans, Servicemembers Civil Relief Act (SCRA) protections, loan forgiveness, and other earned benefits so that they can make the best and most informed choices for themselves and their families.

In a letter to Secretaries Carter and Duncan, the Senators described how a report published in July by the Consumer Financial Protection Bureau (CFPB) documented some of the ongoing challenges military families face with their student loans, many of which are the same problems that were reported back in 2012.  The Senators are asking the cabinet secretaries to clarify how they are working to ensure that student loan servicers and service member advisors receive adequate training and education to address the unique needs of military borrowers and their families.  In particular, the Senators have asked Secretaries Carter and Duncan to look into how their departments are enforcing SCRA protections, ensuring coordination with loan repayment and forgiveness programs, and providing accurate information regarding active duty alerts and identity theft protections.

“We ask that you redouble your efforts to ensure that service members get complete, accurate, and timely information about their student loans, SCRA protections, loan forgiveness and other benefits, repayment options, and the tradeoffs among the options so that they can make the best and most informed choices for themselves and their families,” the Senators wrote in their letter.

Reed introduced the Military Consumer Protection Act in June, which would empower the CFPB to oversee and enforce compliance with certain existing provisions of the Servicemember Civil Relief Act (SCRA) and better protect members of the military and their families from abusive financial practices.  In July, the U.S. Department of Defense (DOD) announced finalized rules aimed at updating and improving the Military Lending Act (MLA) to provide new loan protections for U.S. troops and their families.  The new rules were necessary to close various loopholes that predatory lenders have used to target, exploit, and overcharge service members.

The full text of the letter to Secretaries Carter and Duncan is as follows:


September 18, 2015


The Honorable Ashton B. Carter

Secretary

U.S. Department of Defense

1400 Defense Pentagon

Washington, D.C. 20301   


The Honorable Arne Duncan

Secretary

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202

 

Dear Secretary Carter and Secretary Duncan:

            We write regarding the continuing breakdowns in student loan servicing, which are costing military families time, money, and earned benefits. 

            To offer just one example, this June, service members who were denied their Servicemembers Civil Relief Act (SCRA) rights by student loan servicer Navient were to begin receiving $60 million in compensation under the settlement reached with the Department of Justice.  This was followed by the findings in a July report by the Consumer Financial Protection Bureau (CFPB) that documented some of the ongoing challenges that military families face with their student loans, many of which were the same problems reported in 2012.  The CFPB also recently published a report focused on service members’ credit reports, which are impacted by student loans.  According to the CFPB, less than one percent of service members reported putting an Active Duty alert in place on their credit reports before leaving for active duty.  Identity theft or errors in a service member’s credit report can be particularly problematic as they may impact the service member’s security clearance or military career prospects.

           In light of these ongoing difficulties, we ask that you redouble your efforts to ensure that service members get complete, accurate, and timely information about their student loans, SCRA protections, loan forgiveness and other benefits, repayment options, and the tradeoffs among the options so that they can make the best and most informed choices for themselves and their families.  As you undertake this vital task, we would appreciate responses to the following questions:

  • Since so many of the problems raised by the CFPB point to a fundamental lack of understanding of law and policy as it pertains to service members with student loans, and the resulting confusion that ensues when these borrowers attempt to exercise their benefits, how are you ensuring that student loan servicers and service member advisors receive adequate training and education to address the unique needs of these borrowers and their families?
  • How are you ensuring effective coordination between the Department of Defense Student Loan Repayment Program and the Department of Education Public Service Loan Forgiveness Program so that service members receive the full range of benefits that they have earned?  What internal controls and procedures does each Department have in place to ensure that service members are in the appropriate repayment plan and that payments are properly credited to the service member’s loans?
  • How is each Department providing clear and sufficient guidance to student loan servicers and service member advisors about SCRA protections, including the potential loss of such protections when a service member consolidates loans, and the impact that different repayment or deferment options can have on eligibility for other benefits such as the Public Service Loan Forgiveness Program?  How does each Department ensure that when SCRA protections lapse, service members are notified and made aware of the impact?
  • How is each Department ensuring that student loan servicers assist service members in selecting the best repayment options for their individual circumstances and are not steering them to less optimal choices based on ease of administration?  What specific enforcement mechanisms does each Department utilize to ensure that service members receive non-biased advice?
  • How is each Department working with the CFPB, particularly the Office of Servicemember Affairs, to prioritize addressing the complaints that the CFPB has received from service members, veterans, and their families?  How is each Department working with any other federal agency that has authority to enforce the SCRA?
  • How is each Department ensuring that student loan servicers are providing adequate information to service members about Active Duty alerts, security freezes, or other options for service members to manage their credit reports while they are on active duty?

            Thank you for your attention to this important request on behalf of our nation’s service members and their families.  We look forward to your prompt response.

 

 Sincerely,

Jack Reed                                                                 

United States Senator

Patty Murray

United States Senator                                                           

Sherrod Brown                                                           

United States Senator                                                           

Richard J. Durbin

United States Senator           

CC:          Richard Cordray, Director, Consumer Financial Protection Bureau

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