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<section article="ged" article_name="Education" number="26-602" title_number="26" title_name="Prohibitions and Penalties" subtitle_number="6" subtitle_name="Student Loan Servicers">
  <level label="a">
    <text>Except as otherwise required by federal law or a court order, a student loan servicer may not:</text>
    <level label="1">
      <text>Employ, directly or indirectly, any scheme, device, or artifice to mislead a student loan borrower;</text>
    </level>
    <level label="2">
      <text>Engage in any unfair, abusive, or deceptive trade practice toward any person;</text>
    </level>
    <level label="3">
      <text>Misrepresent information or omit any material information in connection with the servicing of a student education loan, including:</text>
      <level label="i">
        <text>Any fee owed by a student loan borrower;</text>
      </level>
      <level label="ii">
        <text>Any payment due by a student loan borrower;</text>
      </level>
      <level label="iii">
        <text>The appropriateness or availability of a student loan borrower’s repayment options;</text>
      </level>
      <level label="iv">
        <text>The terms and conditions of the student education loan; and</text>
      </level>
      <level label="v">
        <text>The student loan borrower’s obligations under the student education loan;</text>
      </level>
    </level>
    <level label="4">
      <text>Obtain property by misrepresentation of fact or omission of material fact;</text>
    </level>
    <level label="5">
      <text>On or after February 1, 2020, allocate a nonconforming payment in a manner other than as directed by the student loan borrower if, in writing or electronically, the student loan borrower:</text>
      <level label="i">
        <text>Makes a one–time direction for the allocation of future payments;</text>
      </level>
      <level label="ii">
        <text>Directs an allocation of a payment at the time the payment is made;</text>
      </level>
      <level label="iii">
        <text>Directs an allocation in response to an inquiry by the student loan servicer; or</text>
      </level>
      <level label="iv">
        <text>Changes an existing direction for the allocation of future payments;</text>
      </level>
    </level>
    <level label="6">
      <text>Knowingly or recklessly misapply, or refuse to correct a misapplication of a payment from a student loan borrower;</text>
    </level>
    <level label="7">
      <text>Knowingly or recklessly provide inaccurate information to a consumer reporting agency, or refuse to correct inaccurate information provided to a consumer reporting agency;</text>
    </level>
    <level label="8">
      <text>If a student loan servicer regularly reports information to a consumer reporting agency, fail to report the favorable history of a student loan borrower to a nationally recognized consumer reporting agency at least once a year;</text>
    </level>
    <level label="9">
      <text>Subject to subsection (b) of this section, refuse to communicate with an authorized representative of a student loan borrower who provides a written authorization signed by the student loan borrower;</text>
    </level>
    <level label="10">
      <text>Negligently make a false statement or omit a material fact in connection with any information report filed with, or any investigation conducted by, a state or local government agency; or</text>
    </level>
    <level label="11">
      <text>Violate any federal law concerning student education loan servicing.</text>
    </level>
  </level>
  <level label="b">
    <text>A student loan servicer may adopt procedures to verify that an authorized representative of a student loan borrower is, in fact, authorized to act on behalf of the student loan borrower.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>A student loan servicer shall acknowledge receipt of a written inquiry or complaint from a student loan borrower or the authorized representative of a student loan borrower within 10 days after receiving the inquiry or complaint.</text>
    </level>
    <level label="2">
      <text>Unless a response to the written inquiry is included in the acknowledgment required under paragraph (1) of this subsection, a student loan servicer shall provide information responding to a written inquiry or complaint received under paragraph (1) of this subsection within 30 days after receiving the inquiry or complaint.</text>
    </level>
    <level label="3">
      <text>If a written inquiry or complaint received under paragraph (1) of this subsection relates to a student loan borrower’s account balance, the information provided under paragraph (2) of this subsection shall:</text>
      <level label="i">
        <text>State that the student loan servicer has corrected the account balance; or</text>
      </level>
      <level label="ii">
        <text>Explain why the student loan servicer believes that the student loan borrower’s account is correct.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>If a student loan borrower requests a document concerning the account of the student loan borrower that is in the possession or control of a student loan servicer, the student loan servicer shall provide the document within 30 days after receiving the request.</text>
  </level>
</section>
