BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 2251


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          Date of Hearing:  April 18, 2016


                       ASSEMBLY COMMITTEE ON BANKING AND FINANCE


                                Matthew Dababneh, Chair


          AB 2251  
          (Mark Stone) - As Amended March 28, 2016


          SUBJECT:  Student loan servicers:  licensing and regulation:   
          Student Loan Borrower's Bill of Rights


          SUMMARY:  Establishes the Student Loan Borrower's Bill of Rights  
          under the California Finance Lenders Law (CFLL) and requires  
          servicers of student loans to get a license from the Department of  
          Business Oversight (DBO).  Specifically, this bill:  


          1)Requires a licensee to provide a student loan borrower with all  
            of the following:


             a)   Accurate information about all the student education loan  
               repayment options applicable to the student loan borrower;


             b)   Quality customer service and fair treatment; and,


             c)   Complete and accurate information on federal affordable  
               repayment and loan forgiveness benefits applicable to the  
               student loan borrower; 










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          2)Specifies that a person shall not act as a student loan  
            servicer, directly or indirectly, without a license from the  
            Commissioner of DBO (Commissioner).


          3)Exempts from licensing 


             a)   A bank, trust company, insurance company, or industrial  
               loan company doing business under the authority of, or in  
               accordance with, a license, certificate, or charter issued by  
               the United States or any state, district, territory, or  
               commonwealth of the United States that is authorized to  
               transact business in this state;


             b)   A federally chartered savings and loan association,  
               federal savings bank, or federal credit union that is  
               authorized to transact business in this state;


             c)   A savings and loan association, savings bank, or credit  
               union organized under the laws of this or any other state  
               that is authorized to transact business in this state; and,


             d)   A wholly owned service corporation of a savings and loan  
               association or savings bank organized under the laws of this  
               state or the wholly owned service corporation of a federally  
               chartered savings and loan association or savings bank that  
               is authorized to transact business in this state.


          4)Prohibits a licensee from engaging in servicing a student  
            education loan as a student loan servicer under a name other  
            than the name that appears on a license.


          5)Allows the Commissioner to promulgate regulations on the  








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            business activity that may be conducted at a location where a  
            licensee engages in servicing student education loans to  
            prohibit the conduct of business activity that facilitates  
            evasions of the licensing requirements.


          6)Requires a licensee to make available to the Commissioner all of  
            the licensee's records pertaining to servicing a student  
            educational loan for a student loan borrower, including, but not  
            limited to, all books, accounts, papers, and files, regardless  
            of the location of those records, within 10 calendar days of a  
            request from the Commissioner.


          7)Provides that the Commissioner shall issue a license to a person  
            to engage in business as a student loan servicer if all of the  
            following requirements have been met:


             a)   The person filed a complete application for a license in a  
               form prescribed by the Commissioner;


             b)   The person signed the application under penalty of  
               perjury;


             c)   The person made a payment of  a reasonable fee (currently  
               the amount of the fee is blank) to pay the actual costs for  
               the department to investigate the application; and,


             d)   The DBO has completed an investigation of the application.


          8)Specifies that the Commissioner may deny an application of a  
            person to engage in business as a student loan servicer for any  
            of the following reasons:









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             a)   The person made a false statement of a material fact on  
               the application;


             b)   The person or an officer, director, general partner, or  
               other person owning or controlling, directly or indirectly,  
               10 percent or more of the outstanding interests or equity  
               securities of the person applying for the license has, within  
               the last 10 years of the date of application, committed any  
               act involving dishonesty, fraud, or deceit, or been convicted  
               of, or pleaded nolo contendere to, a crime substantially  
               related to the qualifications, functions, or duties of a  
               person engaged in the business of servicing student education  
               loans; or,


             c)   The person or an officer, director, general partner, or  
               other person owning or controlling, directly or indirectly,  
               10 percent or more of the outstanding interests or equity  
               securities of the person applying for the license has  
               violated any provision of this chapter.


          9)Requires the Commissioner, within 60 days from the filing of a  
            full and complete application for a license, including the  
            receipt of background and investigative reports from the  
            Department of Justice or other government agencies, and the  
            payment of required fees, either grant a license pursuant to  
            this chapter or provide a written explanation for a license  
            denial.


          10)Allows the Commissioner to suspend or revoke a license issued  
            under this chapter if the Commissioner finds that the licensee  
            violated any provision of this chapter or if any fact or  
            condition exists which, if it had existed at the time of the  
            initial application for the license, clearly would have  
            warranted a denial of the license. The Commissioner shall not  








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            refund a license fee if the license is surrendered, revoked, or  
            suspended prior to the expiration of the period for which it was  
            issued.


          11)Specifies that a licensee shall only engage in business as a  
            student loan servicer at the place of business on the license. A  
            change of location of a place of business of a licensee shall  
            require prior written notice to the Commissioner. Only one place  
            of business shall be authorized to engage in business under a  
            license. A license shall not be transferable or assignable.


          12)Requires a licensee shall do all of the following:


             a)   Maintain staff adequate to meet the requirements of this  
               chapter, as prescribed by regulation or order of the  
               Commissioner;


             b)   File with the Commissioner any report required by  
               regulation or order of the Commissioner;


             c)   Comply with the provisions of this chapter, and with any  
               regulation or order of the Commissioner;


             d)   Submit to periodic examination by the Commissioner as  
               required by this chapter;


             e)   Advise the Commissioner by amendment to its application of  
               any material judgment filed against, or bankruptcy petition  
               filed by, the licensee within five days of the filing;


             f)   Comply with all applicable state and federal laws and tax  








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               return filing requirements; and,


             g)   Comply with any other requirement established by  
               regulation or order of the Commissioner.


          13)Prohibits a licensee from doing any of the following:


             a)   Directly or indirectly employ any scheme, device, or  
               artifice to defraud or mislead a student loan borrower;


             b)   Engage in any unfair or deceptive practice toward any  
               student loan borrower or misrepresent or omit any material  
               information in connection with the servicing of a student  
               education loan, including, but not limited to,  
               misrepresenting the amount, nature or terms of any fee or  
               payment due or claimed to be due on a student education loan,  
               the terms and conditions of the student education loan  
               agreement, or the student loan borrower's obligations under  
               the student education loan;


             c)   Obtain property of a student loan borrower by fraud or  
               misrepresentation;


             d)   Knowingly misapply or recklessly apply payments made by a  
               student loan borrower to the outstanding balance of a student  
               education loan;


             e)   Knowingly or recklessly provide inaccurate information to  
               a credit bureau regarding a student loan borrower;


             f)   Fail to report both the favorable and unfavorable payment  








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               history of the student loan borrower to a nationally  
               recognized consumer credit bureau at least annually if the  
               loan servicer regularly reports information to a credit  
               bureau;


             g)   Refuse to communicate with an authorized representative of  
               the student loan borrower who provides a written  
               authorization signed by the student loan borrower, provided  
               the licensee may adopt procedures reasonably related to  
               verifying that the representative is in fact authorized to  
               act on behalf of the student loan borrower; or


             h)   Negligently or intentionally make any false statement or  
               knowingly and willfully make any omission of a material fact  
               in connection with any information or reports filed with the  
               Commissioner, DBO, or another governmental agency.


          14)Allows the Commissioner to conduct investigations and  
            examinations as follows:


             a)   For purposes of initial licensing, license suspension,  
               license revocation, or general or specific inquiry or  
               investigation to determine compliance application  
               requirements, the Commissioner may access, receive, and use  
               any books, accounts, records, files, documents, information,  
               or evidence, including, but not limited to, any of the  
               following relating to the business of servicing student  
               education loans:


               i)     Criminal, civil, and administrative history  
                 information;


               ii)    Personal history and experience information,  








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                 including, but not limited to, independent credit reports  
                 obtained from a consumer credit reporting agency; and,


               iii)   Any other documents, information, or evidence that the  
                 Commissioner deems relevant to the inquiry or investigation  
                 regardless of the location, possession, control, or custody  
                 of those documents, information, or evidence.


          15)Provides for the following definitions:


             a)   "Control" means the possession, directly or indirectly, of  
               the power to direct, or cause the direction of, the  
               management and policies of a licensee under this chapter,  
               whether through voting or through the ownership of voting  
               power of an entity that possesses voting power of the  
               licensee, or otherwise. Control is presumed to exist if a  
               person, directly or indirectly, owns, controls, or holds 10  
               percent or more of the voting power of a licensee or of an  
               entity that owns, controls, or holds, with power to vote, 10  
               percent or more of the voting power of a licensee. No person  
               shall be deemed to control a licensee solely by reason of his  
               or her status as an officer or director of the licensee.


             b)    "Department" means the DBO.


             c)    "Engage in the business" means, without limitation,  
               servicing student education loans, including, but not limited  
               to, the dissemination to the public, or any part of the  
               public, by means of written, printed, or electronic  
               communication or any communication by means of recorded  
               telephone messages or spoken on radio, television, or similar  
               communications media, of any information relating to the  
               servicing of student loans.









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             d)   "In this state" includes any activity of a person relating  
               to servicing a student education loan that is directed to a  
               person residing in the state.


             e)    "Licensee" means a person licensed under this chapter.


             f)    "Person" means a natural person, a sole proprietorship, a  
               corporation, a partnership, a limited liability company, an  
               association, a trust, a joint venture, an unincorporated  
               organization, a joint stock company, a government, or a  
               political subdivision of a government, and any other entity.


             g)   "Servicing" means any of the following activities:


               i)     Receiving any scheduled periodic payments from a  
                 student loan borrower pursuant to the terms of a student  
                 education loan.  


               ii)    Applying the payments of principal and interest and  
                 other payments with respect to the amounts received from a  
                 student loan borrower, as may be required pursuant to the  
                 terms of a student education loan.


               iii)   Performing other administrative services with respect  
                 to a student education loan.


             h)    "Student education loan" means any loan primarily for  
               personal use to finance education or other school-related  
               expenses.










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             i)   "Student loan borrower" means either of the following:


               i)     A person who is a resident of the state who has  
                 received or agreed to pay a student education loan.


               ii)    A person who is a resident of the state who shares  
                 responsibility for repaying a student education loan with a  
                 person described in paragraph (1).


             j)    "Student loan servicer" means, to the extent authorized  
               by federal law, an entity or person, wherever located,  
               responsible for the servicing of a student educational loan  
               for a student loan borrower. "Student loan servicer" shall  
               not include a bank or credit union.


          EXISTING LAW:  Provides for the CFLL, administered by DBO, which  
          authorizes the licensure of finance lenders, who may make secured  
          and unsecured consumer and commercial loans (Financial Code  
          Sections 22000 et seq.).  


          FISCAL EFFECT:  Unknown


          COMMENTS:  


          According to the author, 


            Student loan debt in America has become a national crisis.   
            Total student debt exceeds $1.2 trillion, surpassing both the  
            amount of credit card debt and car loans.  In California alone  
            there are 4,156,000 student loan borrowers with debt totaling  
            $1.2 billion.  High levels of student debt negatively affect the  








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            saving and spending habits of the individual and have negative  
            effects on the greater economy. 


            Students graduating with high levels of student must delay or  
            forgo starting new households, buying new homes, investing in  
            further education, taking entrepreneurial risks, and returning  
            to rural areas.  


            Student loan servicers serve as a critical link between borrower  
            and lenders: they manage accounts, process payments, and  
            communicate directly with borrowers.  According to the federal  
            Consumer Finance Protection Bureau, there are no consistent  
            market-wide federal standards for student loan servicing.   
            California should be one of the first states to enact statewide  
            student loan servicing regulation by creating a student loans  
            servicer licensure program.  With so many Californians  
            struggling to repay their loans or defaulting on their loans, it  
            is important that the state ensures that servicers communicate  
            effectively with consumers on repayment programs and helps  
            remove industry-created barriers to repayment.   In creating  
            this licensure requirement, California will take a necessary  
            step to protect student loan borrowers.  Licensure will create  
            accountability from the servicer to the consumer and provide  
            oversight of the servicing industry.  


           Student loan options


           There are four types of postsecondary education loans.  Direct  
          Loans are federal loans made directly to borrowers by Department  
          of Education (DOE) through the William D. ford Federal Direct Loan  
          program.  Federal Family Education Loan Program (FFELP) loans were  
          originated by private lenders and guaranteed by the federal  
          government.  Federal Perkins Loans are co-funded by higher  
          education institutions and the federal government and are  
          originated and administered by the education institutions.   








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          Federal law ended new originations of FFELP loans in 2010 but many  
          remain outstanding.  Private student loans are made by depository  
          and non-depository financial institutions, states, institutions of  
          higher education, and other entities.  These loans and their  
          servicing come with varying levels of consumer protections.


           Student loan debt


           Student loan debt is the second highest outstanding consumer debt  
          in the United States, second only to mortgage debt.  Nationwide  
          student loan debt is $1.2 trillion with an average debt balance of  
          $29,000.  California ranks relatively well compared to the other  
          states on the average student loan debt per student.  However,  
          even with a low ranking on the debt scale a California student  
          will rack up an average of $21,383 in public education institution  
          debt.  Data is unclear on how much private education debt may add  
          to the average per student but private education debt overall is  
          on the rise from a $55.9 billion in 2005 to $140.2 billion in 2011  
          and in large part fueled by the reselling of loans on the  
          secondary market in a system very similar to mortgage funding and  
          asset backed securities (The High Economic and Social Costs of  
          Student Loan Debt, CNBC.  June 15, 2015)   According to the Wall  
          Street Journal, Congratulations, Class of 2015: You're the Most  
          Indebted Ever, May 2015, not only is average debt rising but the  
          number of students taking out loans is also on the rise with 71%  
          of bachelor's degree recipients taking out loans, double the  
          number two decades ago. 


          This growing trend toward increasing the use of loans for  
          education financing is taking a toll on graduates.  For example,  
          homeownership rates are dropping among people under the age of 35.  
           Some of this may be related to the fact that mortgage lenders  
          must look at all sources of debt, including student loans and this  
          debt can either delay homeownership or require the borrower to  
          reduce their housing expectations.  National Association of  
          Realtors has found that over half of potential first time buyers  








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          that are having trouble saving for a down payment for house are  
          have trouble due to student loan debt.  According to CNBC student  
          loan default rates stand around 13-15% with the average amount of  
          default at $14,000 while the default rates for some private-for  
          profit schools is at 30%.  A recent report from the Wall Street  
          Journal, More Than 40% of Student Borrowers Aren't Making  
          Payments, April 7, 2016 found:


          1)40% of Americans who borrowed from the Government's main  
            student-loan program aren't making payments or are behind on  
            more than $200 billion owed.


          2)One in six borrowers (3.6 million) were in default on $56  
            million in student debt.


          3)Three million borrowers owing almost $110 billion were in  
            forbearance or deferment.


          The costs of education is obviously on the rise and loans are  
          filling a greater portion of the financing options.  As the use of  
          loans increases the levels of student financial literacy remain  
          for the most part, dismal.  A decade ago the biggest obstacle for  
          students entering college was the potential draw of credit card  
          offers that could lead to thousands of dollars on debt.  With  
          rising college costs the addition of more student loans is adding  
          tens of thousands of dollars in debt.  Twenty somethings reaching  
          for the dream of a bachelor's degree are able to run up massive  
          debt with little understanding of how to even balance a checkbook.  
           A survey on student loans by Citizens Bank reveals that recent  
          college graduates are lacking in basic details about their loan  
          debt.  For example, 45% didn't know what percentage of their  
          salary went to paying off their loans.  Another 37% were unaware  
          of the interest rate on their loan and 59% did not know how long  
          it would take to pay off their loans.









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           Student loan servicing


           The Consumer Financial Protection Bureau (CFPB) released a report,  
          Student Loan Servicing: Analysis of Public Input and  
          Recommendations for Reform, in September of 2015.


          The report indicated that consumers with federal and private  
          student loans report a range of problems around servicers making  
          mistakes, records getting lost, payments being processed too  
          slowly, or servicer personnel not having the latest information  
          about a consumer's account. Borrowers report that these issues  
          include:


          1)Poor customer service and bad information causing borrowers  
            distress:  Borrowers report problems accessing basic account  
            information, receiving conflicting information about repayment  
            programs and loan features, and receiving inaccurate billing  
            statements. When errors occur, borrowers report problems getting  
            them resolved and a lack of recourse. 
                                                        
          2)Servicing transfers leading to surprise fees and lost benefits:  
            More than 10 million borrowers have had their servicer change in  
            the past five years. Consumers and industry report, however,  
            that servicing transfers can create confusion when companies  
            have different policies and procedures related to payment  
            posting, allocation, and processing, as well as the  
            administration of certain borrower benefits. When servicers  
            change, payments may be lost, consumers may incur surprise late  
            fees, and processing problems and missing account records can  
            knock borrowers off track on repaying their loans.



          3)Roadblocks to refinance keeping borrowers tied to high-rate  
            loans: Borrowers seeking to refinance student loans often depend  








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            on their current servicer to provide accurate and timely  
            information about how to pay off their student loans. Public  
            comments from borrowers and from student loan refinancing  
            companies describe payoff problems, including inaccurate payoff  
            statements, surprise bills demanding extra payments, and  
            customer service confusion that increases costs for borrowers,  
            lenders, and servicers.



          4)Co-signer policies causing auto-defaults and borrower distress:  
            Private student loan borrowers continue to report serious  
            financial distress when a company unexpectedly puts their loan  
            in default status. These borrowers report paying on time each  
            month, only to discover that their loan has been placed into  
            default and sent to a debt collector following the death or  
            bankruptcy of a co-signer, causing damage to their credit.



          5)Payment processing practices increasing fees and penalizing  
            borrowers: Borrowers expect servicers to process monthly  
            payments and apply them to the loans in their account correctly,  
            in a timely manner and without needlessly increasing costs. 





          Other issues reported to the CFPB include:


          1)Servicing failures may contribute to millions of distressed  
            borrowers defaulting: The U.S. DOE offers numerous plans to  
            borrowers with federal student loans to make payments more  
            affordable. These include options that let borrowers set their  
            monthly payment based on their income. Millions of borrowers may  
            not be receiving important information about repayment options  
            or may encounter breakdowns when attempting to enroll. Borrowers  








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            report servicers steering them into forbearance or other  
            short-term options that, while appropriate for some borrowers,  
            may increase costs and may not be in the consumer's best  
            interest.  Others told of servicers providing conflicting or  
            inaccurate information, preventing them from accessing tools to  
            avert default.

          2)Sloppy practices boosting costs and causing distressed borrowers  
            to lose critical protections: Consumers enrolled in an  
            income-based repayment plan must recertify for the program on a  
            yearly basis. Recent data sources suggest that three in five  
            borrowers in income-driven repayment plans do not recertify on  
            time although they are eligible. Borrowers report that  
            inadequate renewal notices can contribute to the missed  
            deadlines. 





          3)Debt relief scams targeting distressed borrowers: Problems with  
            servicing can leave distressed borrowers without the tools to  
            help them avoid default. Student debt relief scams prey on these  
            borrowers, charging up-front fees while promising to enroll  
            borrowers in free federal consumer protections, including  
            income-driven repayment plans.

          4)Student loan servicing can affect certain special populations,  
            such as servicemembers, veterans, and older consumers, at an  
            increased level due to unique circumstances associated with  
            these individuals.  Servicing practices hindering servicemembers  
            and veterans with disabilities seeking to access important  
            benefits: Servicemembers report poor servicing practices that  
            make it harder for them to access the benefits they've earned  
            through military service, such as difficulties obtaining  
            interest rate reductions and problems enrolling in a beneficial  
            repayment program. The Bureau has also heard from  
            service-disabled veterans who ended up with damaged credit after  
            their loan discharge was incorrectly reported to the credit  








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            reporting agencies.



          5)Servicing problems may put older consumers' retirement at risk:  
            Poor servicing practices may negatively affect many older  
            consumers, especially those who, as co-signers on private  
            student loans, become responsible for their children's or  
            grandchildren's defaulted loans. 



          6)Borrowers with disabilities may not be accessing benefits for  
            canceling or discharging student debt: Some borrowers with  
            disabilities report providing information about their financial  
            circumstances to servicing personnel, but never being told about  
            options to discharge student debt due to their "Total and  
            Permanent Disability," which entitles them to certain loan  
            forgiveness benefits. In cases like these, borrowers with  
            disabilities who have limited financial resources may make  
            unnecessary extra payments toward their loans.


          U.S. DOE, CFPB and U.S. Department of the Treasury (DOT) released  
          a Joint Statement of Principles on Student Loan Servicing  
          subsequent to the release of the CFPB report.  The joint statement  
          was developed as a framework to improve student loan servicing  
          through focus on the following issues:


          1)Consistent.  Student loan borrowers and servicers alike would  
            benefit from a clear set of expectations for what constitutes  
            minimum requirements for servicers provided by student loan  
            servicers and servicer communications with borrowers, including  
            adequate and timely customer service. Student loan borrowers  
            should expect effective student loan servicing, including, but  
            not limited to, conduct related to payment processing, servicing  
            transfers, customer requests for information, error resolution,  
            and disclosure of borrower repayment options and benefits. Such  








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            conduct should account for and recognize variations in loan  
            features, terms, and borrower protections.

          2)Accurate and Actionable.  Student loan borrowers often depend on  
            servicers to provide basic information about account features,  
            borrower protections, and loan terms. It is critical that  
            information provided to borrowers by student loan servicers be  
            accurate and actionable. Information, including explanation and  
            instructions regarding borrowers' loans and repayment options,  
            should be presented in a manner that best informs borrowers,  
            helps them achieve positive outcomes, and mitigates the risk and  
            costs of default.



          3)Accountable.  Student loan servicers, whether for-profit,  
            not-for-profit or government agencies, should be accountable for  
            serving borrowers fairly, efficiently and effectively. If  
            servicers fall short and violate federal or state consumer  
            financial laws, the DOE, contractual requirements, or federal  
            regulations, borrowers, federal and state agencies and  
            regulators, and law enforcement officials should have access to  
            appropriate channels for recourse, as authorized under law.



          4)Transparent.  The public, including student loan borrowers, may  
            benefit from information about the performance of private and  
            federal student loans and the practices of individual student  
            loan lenders and servicers, including information related to  
            loan origination, loan terms and conditions, borrower  
            characteristics, portfolio composition, delinquency and default,  
            payment plan enrollment, utilization of forbearance and  
            deferment, the administration of borrower benefits and  
            protections, and the handling of borrower complaints. The  
            federal government already makes much of this information  
            available for federal student loans, and private-sector lenders  
            and servicers should follow suit. Portfolio performance data,  
            including data at the individual servicer level, should be  








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            available for all types of student loans.


          In an effort to improve loan repayment and loan servicing DOE  
          announced on April 5th, 2016 a plan to improve and streamline the  
          way in which federal student loan borrowers pay back their loans.  
          DOE has put out a request for creation of a web portal that would  
          be a single source for borrowers to pay back their loans  
          regardless of which loan servicer they have.  Correspondence sent  
          to borrowers would come from DOE, not loan servicers and loan  
          transfers between servicers would decrease.  This portal would  
          also take complaints from borrowers. 


           Discussion.


           There are 10 DOE approved servicers for federal student loans.   
          These servicers are:


          1)CornerStone

          2)ESA/Edfinancial



          3)FedLoan Servicing (PHEAA)



          4)Granite State - GSMR



          5)Great Lakes Educational Loan Services, Inc.











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          6)MOHELA



          7)Navient



          8)Nelnet



          9)OSLA Servicing



          10)VSAC Federal Loans


          The private student loan market is estimated to comprise roughly  
          7.6% of the $1.31 trillion student loan market, according to  
          MeasureOne. Commercial banks hold 40% of private student loans and  
          around 20% of federal student loans, according to the Federal  
          Reserve. Six companies - Citizens Bank, Discover, Navient, PNC  
          Bank, Sallie Mae and Wells Fargo - represent 66.7% of the private  
          student loan market, according to MeasureOne, a student loan data  
          research company.  Banks and credit unions are exempt from  
          licensing under AB 2251 therefor companies such as Citizens Bank,  
          PNC Bank and Wells Fargo would not need to be licensed under this  
          bill.  Even if they were included it may raise some potential  
          federal preemption issues as national banks cannot be regulated by  
          state regulators.


          Concerns regarding servicing practices of student loans provided  
          the impetus for this bill.  The CFPB report on servicing problems  
          makes a series of recommendations, yet this is a situation of an  
          unacknowledged dinner guest.  CFPB and DOE have criticized  
          servicing practices yet it is DOE that approves servicers for  








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          federal student loans and therefore could have direct impact on  
          the actions of servicer


          The federal response thus far has been to highlight the problems  
          in the marketplace and do little to resolve the issue over which  
          they have direct control.  


          AB 2251 is well intentioned legislation designed to bring fairness  
          to student loan borrowers.  However, it contains numerous and  
          elaborate licensing requirements for potential licensees as  
          opposed to robust standards for providing appropriate standards of  
          service to student loan borrowers.  It is not that the standards  
          don't exist in the bill, rather the duties owed to borrowers are  
          vague and unclear and are not as robust as the licensing  
          requirements for servicers.  Licensing is a potential a tool to  
          compel certain types of positive market behaviors but it is no  
          guarantee.  The following are some issues that the author may want  
          to consider going forward.  Staff has recommended amendments to  
          deal with some of these issues, but more work should be done to  
          ensure that this bill can bring value and change to the student  
          loan servicing marketplace.


          1)This bill amends the CFFL and changes its title to the CFFL and  
            "The California Student Loan Borrowers Bill of Rights."  The  
            CFFL allows consumer loans of varying amounts including auto  
            purchase finance lending, commercial and residential mortgage  
            lending, loan brokering and even small dollar unsecured and  
            secured loans.  Adding in provisions concerning student loan  
            servicing is adding another layer of complication to a law that  
            is already in vital need of reform.  Therefor staff recommends  
            taking The California Student Loan Borrowers Bill of Rights out  
            of the CFFL and into its own standalone section within the  
            financial code.

          2)Broad definition of "servicing" which includes "performing other  
            administrative services."  More detail is needed on what types  








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            of "administrative services" would be covered and trigger a  
            licensing requirement.



          3)A licensee is required to provide a borrower with certain  
            information but it does not specify how the information must be  
            provided or if any timelines are associated with the  
            information.  For example, a servicer must provide "accurate  
            information about?repayment options?" but not within a specified  
            time or in a specified manner..



          4)Uses undefined terms potentially open to broad interpretation  
            such as "quality customer service and fair treatment."  This  
            vagueness could cause potential long and drawn out disagreements  
            between a licensee and DBO concerning licensing requirements.



          5)The licensing fee is undetermined.  What is the appropriate fee?  
             Licensing fees are often based on the total size of the  
            licensed population.  It is unclear how many entities would need  
            to be licensed or even where they are located.  



          6)The licensing portion is far larger than the actual consumer  
            protection pieces of the bill.  The requirements to get and  
            maintain a license are more numerous and prescriptive than the  
            duties owed to student loan borrowers.  Additional provisions  
            should be added that will ensure quality servicing to borrowers.



          7)Proposed section 22660.5 requires a licensee to provide a  
            student loan borrower with specified items though those items  
            are somewhat unclear (see note #4).  Section 22660.25 states a  








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            licensee "shall do all of the following:" Staff suggests merging  
            these sections together, as well as, add further clarity to the  
            duties owed to a borrower.  These proposed amendments are in #2  
            below and should not be considered a definitive list of items  
            but rather a starting point.



          8)Page 11, lines 16-19 allows the Commissioner of DBO to require  
            "an applicant to submit a statement signed under penalty of  
            perjury agreeing to comply with the requirements of this  
            section."   No other provision in the Financial Code affords the  
            Commissioner of DBO this authority to determine whether a  
            licensee should sign a statement under penalty of perjury that  
            they will comply with a specific section of code.  Staff  
            recommends deleting this provision.  



          9)AB 2251 contains many technical and drafting issues that will  
            need to be addressed as the bill moves forward.  It defines  
            "servicing" among other things, as "performing other  
            administrative services" with respect to a student loan.  This  
            is vague and unclear as to what level of administrative services  
            would elevate to the level of "servicing" and creates a  
            potential issue where a broad interpretation could include  
            almost any activity, including loan origination.  



          10)A licensee may only engage in servicing in one location per  
            language on page 8, lines 34-39.  It is unclear what this  
            restriction is attempting to accomplish. Additionally, this ties  
            into the definition of servicing mentioned in #9.  Based on the  
            location restriction the licensee would not be allowed to have  
            any administrative services located at another location.   
            Licensing laws in the Financial Code vary in how they authorize  
            branch office activity.  Staff recommends that that author  
            further refine this provision.








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          11)This bill may also apply to collages and universities that do  
            their own servicing of loans.  Is it the intent of the bill to  
            cover those circumstances?  The bill should be clarified to  
            address its intended and practical application.


           Proposed Amendments.


              1)   Remove provisions of bill from CFLL and place in  
               standalone section within Financial Code.

             2)   Delete section 22660.5 and instead add changes to section  
               22660.25 that require student loan servicers to do the  
               following:



                  a.        Inform borrowers of repayment or loan  
                    forgiveness options.

                  b.        In the case of a borrower seeking to resolve an  
                    issue or enter a repayment plan, appoint a single point  
                    of contact for that borrower.



                  c.        Respond to written request from a borrower for  
                    specified information within 30 business days.



                  d.        Appropriatly apply amounts in excess of the  
                    minimum payment to the interest and fees owed on the  
                    payment due day and then to the principal balance of the  
                    loan.








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             3)   Inform the borrower if the servicing of their loan  
               transfers to another entity, as well as the contact  
               information for the new servicer.

             4)   Eliminate the ability of the Commissioner to require an  
               application to submit a signed statement under penalty of  
               perjury agreeing to comply with the act.



             5)   Add clear enforcement provisions consistent with  
               enforcement authorities the Commissioner has under other  
               licensing laws.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Attorney General Kamal Harris (Sponsor)


          National Association of Social Workers (NASW)




          Opposition


          None on file.









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          Analysis Prepared by:Mark Farouk / B. & F. / (916) 319-3081