HB 1915 Virginia House of Delegates · 2017 Regular Session

Student loan servicers; student loan ombudsman.

Summary
Prohibits any person from acting as a student loan servicer without first obtaining a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks and credit unions are exempt from the licensing provisions. The servicing of a student loan encompasses (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 such 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; and (iii) performing other administrative services with respect to a student education loan. Student loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a student loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying student loan payments to the outstanding balance of a student loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. The measure also establishes the Office of the Student Loan Ombudsman within the SCC's Bureau of Financial Institutions. The Office of the Student Loan Ombudsman is required to provide timely assistance to any student loan borrower of any student education loan in the Commonwealth. The Office of the Student Loan Ombudsman is further required to establish and maintain a student loan borrower education course, which shall cover key loan terms, documentation requirements, monthly payment obligations, income-based repayment options, loan forgiveness, and disclosure requirements. Violations are subject to a civil penalty not exceeding $2,500. The bill has a delayed effective date of January 1, 2019.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2017
Committee Review
Floor Vote
Governor
Introduced Jan 10, 2017 Last action Feb 8, 2017
Floor votes

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Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
3
Jan 26, 2017
Legislature · Passed
Subcommittee recommends laying on the table by voice vote
legislature
Jan 17, 2017
Committee
Assigned C & L sub: Special Sub-Consumer Lending
legislature
Jan 10, 2017
Committee
Referred to Committee on Commerce and Labor
legislature
Jan 10, 2017
Introduced
Prefiled and ordered printed; offered 01/11/17 17101766D
legislature
1 primary · 14 co-sponsors

Sponsors