The American Federation of Teachers filed the lawsuit Thursday in federal court. In the complaint obtained by NPR, the union is asking the court to
order the department to fix the Public Service Loan Forgiveness program so that it meets legal standards. It's also asking the department to come up with an appeals process for people who believe they have been treated unfairly."
...
There are different kinds of federal loans and a wide array of payment plans. If a student loan borrower is told they need to switch from one type to the other to qualify for the program, that's easy enough to do. For public service loan forgiveness, borrowers need to have a "direct federal loan."
But if their loan servicer never tells them that, they can remain in the wrong type of loan or plan for years, thinking they're making progress toward loan forgiveness only to find out later that none of those payments counted towards forgiveness.
The teachers union lawsuit alleges that the Department of Education "knows of — but completely disregards — repeated misrepresentations made by [student loan] servicers to borrowers who are attempting to qualify ... resulting in unwarranted denials of loan forgiveness. In other words, people like Baker aren't given the right information or advice, and many end up in the wrong types of loans or repayment plans and get
unfairly disqualified.
Government reports and investigations have found
similar problems with borrowers getting bad information.
The lawsuit also alleges that l
oan servicers are having trouble keeping track of the number of qualifying payments people make —
even when they are in the correct loan and payment plan and
manage to do everything right.
...
But Menzel says that after 10 years of making payments, she was told by her loan servicer that she was in the wrong type of payment plan and couldn't qualify.
If a call center worker had told her that 10 years before, she easily could have switched into the right kind of loan. But she says
nobody ever told her. And so that never happened. She remembers after contacting her loan servicer repeatedly, trying to find a way to appeal, a call center worker told her, "Look, you just need to give up."