Qualified education loan servicers; person must obtain license from State Corporation Commission.
Summary
Prohibits any person from acting as a qualified education loan servicer without first obtaining a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks, credit unions, and nonprofit institutions of higher education are exempt from the licensing provisions. The servicing of a qualified education loan encompasses (i) receiving any scheduled periodic payments from a qualified education loan borrower pursuant to the terms of a qualified education loan; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; and (iii) performing other administrative services with respect to a qualified education loan. Qualified education 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 qualified education loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying loan payments to the outstanding balance of a qualified education 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. Violations are subject to a civil penalty not exceeding $2,500. The bill has a delayed effective date of January 1, 2019, but provides that applications shall be accepted, and investigations commenced, by the SCC beginning October 1, 2018.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2018
Committee Review
Floor Vote
Governor
Introduced Jan 9, 2018
Last action Feb 13, 2018
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
4
Key actions
0
Committee
2
Jan 30, 2018
Committee
Assigned C & L sub: Subcommittee #3
legislature
Jan 9, 2018
Committee
Referred to Committee on Commerce and Labor
legislature
Jan 9, 2018
Introduced
Prefiled and ordered printed; offered 01/10/18 18103992D
legislature
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Marcus Simon
DDemocratic
Co
Lamont Bagby
DDemocratic
Co
Mark H. Levine
DDemocratic
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