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, certain wholly-owned subsidiaries of banks and 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 Mar 6, 2018
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
14
Key actions
2
Committee
8
Feb 20, 2018
Committee
Assigned C & L sub: Subcommittee #3
legislature
Feb 19, 2018
Committee
Referred to Committee on Commerce and Labor
legislature
Feb 13, 2018
Legislature · Passed
Engrossed by Senate - committee substitute SB362S1
legislature
Feb 13, 2018
Legislature · Passed
Committee substitute agreed to 18105349D-S1
legislature
Feb 8, 2018
Committee
Rereferred to Finance
legislature
Jan 17, 2018
Committee
Assigned Education sub: Higher Education
legislature
Jan 15, 2018
Committee
Rereferred to Education and Health
legislature
Jan 9, 2018
Committee
Referred to Committee for Courts of Justice
legislature
Jan 9, 2018
Introduced
Prefiled and ordered printed; offered 01/10/18 18104625D
legislature
1 primary · 1 co-sponsor
Sponsors
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