Multistate Deal With Student Loan Servicer Navient Includes $95M in Restitution, $1.7B in Debt Cancellation
The bulk of the settlement value comes from Navient's agreement to cancel $1.7 billion in debt, which will benefit approximately 66,000 borrowers, according to the California Attorney General's Office.
January 13, 2022 at 05:11 PM
3 minute read
Financial Services and Banking
One of the largest student loan servicers in the United States will pay $95 million in restitution to borrowers as part of a near-$1.8 billion, multistate settlement announced Thursday.
The bulk of the settlement value comes from Navient's agreement to cancel $1.7 billion in debt, which will benefit approximately 66,000 borrowers, according to the California Attorney General's Office.
"Navient's harmful conduct impacted everyone from students who enrolled in colleges and universities immediately after high school to mid-career students who dropped out after enrolling in a for-profit school in the early-to-mid 2000s," according to a news release.
The lawsuits against Navient include an October 2017 action from the Pennsylvania Attorney General's Office and a June 2018 action from the California Attorney General's Office under the state's unfair competition and false advertising laws.
Along with California and Pennsylvania, the settlement includes 37 other states. It's subject to approval in various courts, with Pennsylvania filing a proposed consent decree in its federal case in the Middle District of Pennsylvania, and California filing a stipulation for entry of final judgment in San Francisco County Superior Court.
Navient is represented in the California case by Austin Klar, a partner with Kirkland & Ellis in San Francisco.
Delaware Attorney General Kathy Jennings touted the deal in a news release that said student borrowers "are fighting an uphill battle."
"At a minimum, loan servicers should be expected to follow the law," Jennings said.
Delaware's Department of Justice "played a leading role in investigating Navient's alleged misrepresentations regarding the dischargeability of private student loans in bankruptcy," according to the release.
"Delaware's investigation focused heavily on a private loan known as a 'tuition answer loan,' which typically required borrowers to agree at the time of origination that the loan would not be dischargeable in bankruptcy," according to the news release. "The DOJ's Consumer Protection Unit reviewed promissory notes and interviewed nearly 100 Delaware borrowers during the course of its investigation."
California's release said the settlement "includes substantial injunctive terms to prevent future misconduct."
That includes requiring call agents to discuss "the benefits of income-driven repayment with all borrowers seeking to lower or stop their payments" and creating "a new cadre of repayment specialists trained to advise at-risk borrowers." Agents also will no longer be compensated "in a manner that encourages them to handle calls quickly" and will instead be ensured to "give thorough and accurate information to borrowers." The company also will "limit or reduce certain fees for late payments or entering forbearances," among other changes.
The $95 million will be doled out in approximately $260 increments to 350,000 borrowers. Navient will also pay $142.5 million to the attorneys general in 39 states, which along with California include Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia and Wisconsin.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSupreme Court May Limit Federal Prosecutions Over 'Misleading' but True Statements
NY AG James Targets Crypto Fraud Which Allegedly Ensnared Victims With Fake Jobs
4 minute readCFPB Alleges Berkshire Hathaway Subsidiary Originated Unaffordable Housing Loans
Law Firms Mentioned
Trending Stories
- 1Big Law Begins 2025 With Boston Laterals and Deals
- 2Vinson & Elkins Expands Environmental Team with Chair of Texas Commission on Environmental Quality
- 3From Courtrooms to Conversations: The Unexpected Joys of Podcasting as a Lawyer
- 4'A More Nuanced Issue': NJ Supreme Court Considers Appellate Rules for Personal Injury Judgments
- 5Drake Sues UMG for Defamation Over Promotion of False Claims of Pedophilia
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250