
Governor Cuomo Announces Student Loan Debt Relief Provider Will Cease Operations After Misleading and Improper Practices
Investigation by Student Protection Unit finds Direct Student Aid Engaged in Misleading and Deceptive Advertising, Other Improper Practices
Governor Cuomo announced that student loan debt relief provider Interactiv
Education, LLC (d/b/a Direct Student Aid, Inc., “Direct Student
Aid”) will wind down and cease its operations nationwide after an
investigation by his Administration’s Student Protection Unit. The
Unit, which is run by the Department of Financial Services uncovered that
the company engaged in misleading and deceptive advertising, and other
improper practices.
“We will not tolerate companies that deceive consumers who are trying
to reduce the burden of their student loans – plain and simple,”
said Governor Cuomo. “We formed the Student Protection Unit to protect
New Yorkers from exploitation and hold loan companies accountable, and
today’s action is proof that the Unit is up to the task. Our administration
will not hesitate to crack down on groups that break the law.”
Anthony J. Albanese, Acting Superintendent of Financial Services, said,
“The actions undertaken by Direct Student Aid and its members took
advantage of vulnerable student loan borrowers. The Cuomo Administration’s
Student Protection Unit will continue investigating deceptive practices
and advocating on behalf of New York’s students.”
Direct Student Aid advertised that it could “reduce” and “lower”
its customers’ monthly student loan payments. Direct Student Aid
obtained this advertised relief merely by completing applications for
Direct Consolidation Loans from the U.S. Department of Education,
which are already available free of charge to consumers.
The Student Protection Unit’s investigation found that Direct Student
Aid charged more than 400 New York consumers upfront fees ranging from
$99 to $3,400 for its advertised student debt relief services in violation
of state and federal laws and regulations. The Unit also found that Direct
Student Aid failed to adequately disclose to prospective clients that
they could complete and submit the same federal student loan consolidation
paperwork themselves through the U.S. Department of Education free of
charge if they wished to do so.
Direct Student Aid also held itself out as a credit services business
and advertised that it could improve its clients’ credit scores.
During the period that Direct Student Aid held itself out as a credit
services business, it received illegal upfront fees from its New York
customers and failed to provide numerous notices and disclosures as required
under state and federal laws and regulations. The Department of Financial
Services has accepted a penalty of $10,000 from the company under the
condition Direct Student Aid will permanently cease all student loan debt
relief and credit repair services nationwide.
The investigation and settlement were handled by Student Protection Unit
Director Zoe Rasmussen and Supervising Counsel Brian Montgomery under
the direction of Executive Deputy Superintendent Joy Feigenbaum and Deputy
Director Nancy Ruskin.
To view a copy of the DFS consent order with Direct Student Aid, please visit,
link.
As part of his 2014-15 Executive Budget, Governor Cuomo established the
new Student Protection Unit within DFS to serve as a consumer watchdog
for New York’s students. The Unit is dedicated to investigating
potential consumer protection violations and distributing clear information
that students can use to help them make smart, long-term financial choices.
Last year, the Student Protection Unit
launched an investigation into potential misleading and improper practices at student debt relief
companies. Some student loan debt relief companies advertise that they
can save consumers a large percentage of their monthly student loan payments.
These companies generally obtain lower monthly payments not through their
own programs, but by assisting borrowers in completing the paperwork required
to consolidate their outstanding student loan debt into a single, new
loan issued by the U.S. Department of Education and repay that loan under
an income-based plan. These companies can charge hundreds of dollars upfront
for their services, when borrowers can access the same debt relief programs
that the federal government offers free of charge.
Student loan borrowers do not need to pay to enroll in the many borrower
assistance programs that the federal government provides for free. These
programs include loan consolidation, income-based repayment plans, and
loan forgiveness. The government even provides options to borrowers who
have already defaulted, such as loan rehabilitation.
To learn more about your student loan repayment options, you can contact
your federal student loan servicer or visit DFS’s online
Student Lending Resource Center, the Federal
Department of Education or the Consumer Financial Protection Bureau's interactive
student loan repayment guide.
Any New Yorker who would like to file a complaint with the Cuomo Administration’s
Student Protection Unit about a student debt relief company or other potential
abuses can contact the Department of Financial Services Consumer Hotline
at (212) 480-6400 or (800) 342-3736 for assistance. The Cuomo Administration's
Student Protection Unit has also issued a consumer alert, which can be viewed
here, with information on student debt relief companies.