The internet is spreading misinformation about using FERPA complaints to erase student loan debt. Legal experts and student debt advocates clarify the limitations of FERPA and advise borrowers to prioritize staying current on payments and exploring alternative repayment options.
The internet is abuzz with claims that filing a specific privacy complaint under FERPA (the Family Education al Rights and Privacy Act ) can erase student loan debt. This viral theory stems from concerns about Elon Musk and the DOGE community potentially accessing student loan borrower information without consent. A federal suit aims to prevent DOGE from accessing student financial aid data, citing the Privacy Act of 1974.
While a judge has temporarily halted DOGE's access, this hold is set to expire soon, prompting discussions about individual rights and data privacy in this context.However, legal experts caution against relying on FERPA complaints for student loan forgiveness. Attorney Daniel Fleischman, a seasoned consumer law specialist, explains that FERPA does not grant individuals the right to sue for violations. He emphasizes that the US Supreme Court has ruled against such private lawsuits, stating that the right to enforce FERPA falls solely to the federal government, specifically the US Department of Education or the Consumer Financial Protection Bureau (CFPB). Fleischman's video has gained traction on TikTok, clarifying the legal limitations surrounding FERPA complaints and shedding light on the misconception that they can lead to student loan discharge.The Student Debt Crisis Center, a non-profit advocating for student debt cancellation, also debunks the FERPA claim. They state that no known cases have resulted in debt relief through FERPA complaints. Additionally, they highlight the potential consequences of missed payments while borrowers await a resolution to this issue. They advise borrowers to stay current on their payments and explore income-driven repayment plans, such as the SAVE plan, which offers $0 monthly payments for certain lower-income individuals. The center emphasizes the importance of informed decision-making and realistic expectations regarding student debt relief strategies
Finance Legal FERPA Student Loans Debt Relief Privacy Act Consumer Protection Income-Driven Repayment
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