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NYLAG Sues to Make Department of Education Notify Students They Can Get Their Student Loans Cancelled

Quero et al. v DeVos

When a school closes, the Department of Education is required by federal law and regulation to mail a notice to all the school’s students that explains that they might be eligible to cancel their student loans and that contains the application form they can use to apply for the loan discharge. But, when the Technical Career Institutes, Inc. (“TCI”), a for-profit college in Manhattan, suddenly shut down in the fall of 2017, the government did not mail this notice to all TCI student loan borrowers, so many did not know they could apply to get their loans cancelled. In October 2018, NYLAG filed this lawsuit on behalf of Christopher Quero, Courtney Francis, and Kellin Rodriguez, and other TCI borrowers, to get the Department to mail the letters and applications.

If you are a federal student loan borrower who attended TCI, call NYLAG’s Student Borrower Advocacy Project at 212-946-0346 or email us at contactsbap@nylag.org.

More Information:

Name: Quero et al. v. DeVos

Dkt. #: 18 Civ. 9509 (S.D.N.Y. 2018)

Judge: Hon. George Daniels

Status: Settled

Claims:

Violation of the Administrative Procedure Act for failure to mail the required notice.

Highlights:

  • NYLAG filed the Complaint in October 2018.
  • The government moved to dismiss the complaint, but the Judge agreed with NYLAG’s opposition and denied the motion.
  • NYLAG and the government reached a settlement that was finally approved by the Court in December 2019. Under the settlement, the government mailed a notice and the closed school discharge application to all class members; suspended collections on their loans for 60 days; and then mailed a second copy of the notice and application.
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