Delaware General Assembly

Lieu/Substituted 4/11/24

Adopted in Lieu of original; takes status of original

SS 1 for SB 132

5/16/23

S. McBride

Reps. Phillips, K. Johnson, Wilson-Anton

Sen. Gay, Hansen, Lockman, Pinkney, Poore, Sokola, Sturgeon, Townsend
Reps. Baumbach, Griffith, Lambert, Lynn, Morrison, Parker Selby

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE STUDENT LOAN BORROWER BILL OF RIGHTS ACT.

Over the past decade, an increasing number of states have passed legislation establishing a Student Loan Borrower Bill of Rights. At least 18 states have passed such legislation. Of these 18 states, 12 states have a Student Loan Ombudsperson and 13 have a licensing program, with another two states having a registration program instead of a licensing program. This Act enacts a Student Loan Borrower Bill of Rights for this State that does all of the following: (1) Requires student loan servicers to engage in certain practices related to communications with student loan borrowers and cosigners of student education loans and handling of transactions by student loan borrowers and cosigners of student education loans. (2) Prohibits student loan servicers from engaging in certain practices including unfair or deceptive practices or abusive practices. (3) Requires student loan servicers to retain records related to student loan transactions for 7 years and to yearly report non-identifying information about student education loans serviced in this State, including default and delinquency rates, to the Student Loan Ombudsperson. (4) Establishes the Office of the Student Loan Ombudsperson which shall, among other duties, receive, investigate, and attempt to resolve complaints from student loan borrowers.

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Takes effect upon being signed into law

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