EDUCATION LENDING

Attorneys in Hudson Cook, LLP’s Education Lending practice area provide transactional, regulatory, compliance, and operations support services to a variety of clients, including financial institutions, state education financing authorities, finance companies, for-profit education institutions, education loan servicers, and others, in connection with various aspects of private education lending matters.

We have experience assisting clients with a variety of private education loan products and issues, including drafting loan notes and credit agreements, disclosures and program guidelines; negotiating agreements and outsourcing arrangements with loan marketing, origination, and servicing vendors; creating online application systems; reviewing marketing materials for all types of media; analyzing state licensing requirements; reviewing borrower benefit programs for compliance and UDAP/UDAAP risks; and preparing clients for Consumer Financial Protection Bureau (CFPB) education lending and servicing examinations. We also assist federal loan servicers in their relationships with consumer protection regulators.

Other Practice Areas
Attorneys Practicing in this Area
INSIGHTS

We provide advice to education lending clients with questions concerning:

  • Bank Secrecy Act
  • CAN-SPAM Act
  • Dodd-Frank Wall Street Reform and Consumer Protection Act
  • Electronic Fund Transfer Act and Regulation E
  • Electronic Signatures in Global and National Commerce Act
  • Equal Credit Opportunity Act and Regulation B
  • Fair Credit Reporting Act and Regulation V
  • Fair Debt Collection Practices Act and state collection practices acts
  • Federal Trade Commission Act
  • Federal Trade Commission Credit Practices Rule
  • Gramm-Leach-Bliley Act and the Privacy and Safeguards Rules
  • Military Lending Act
  • OFAC/USA PATRIOT Act
  • Servicemembers Civil Relief Act and comparable state laws
  • Telemarketing and Consumer Fraud and Abuse Prevention Act and the Telemarketing Sales Rule
  • Telephone Consumer Protection Act and implementing Federal Communications Commission regulations
  • Truth in Lending Act and Regulation Z, including disclosure requirements and substantive restrictions for private education loans under the Higher Education Opportunity Act, and comparable state laws and regulations
  • Uniform Electronic Transactions Act
  • State consumer credit laws and installment sales laws
  • State direct loan laws, including usury statutes, interest statutes, finance lender laws and small loan laws

Attorneys Practicing in this Area

March 01, 2015

Don’t Fence Me In

Thomas B. Hudson

Partner Emeritus

December 01, 2015

Congressional Staff Report Reveals Sad Inner Workings of CFPB Fair Lending Attack on Dealer Compensation

L. Jean Noonan

Partner

April 01, 2015

Spacemen Abduct Regulators!

Thomas B. Hudson

Partner Emeritus

December 15, 2015

Can California Lenders Pay Referral Fees to Unlicensed Brokers?

Robert A. Cook

Partner Emeritus

May 01, 2015

Seismic Shift

Nicole F. Munro

Partner

January 01, 2016

Looking Ahead

Eric L. Johnson

Partner

September 01, 2015

Lots of Pages, But a Single Document

January 28, 2016

Asset Purchase or Consumer Loan: One State High Court Weighs In

Catherine M. "Cathy" Brennan

Partner

December 01, 2015

Here Come the “Readability” Police

Nicole F. Munro

Partner

February 17, 2016

The Commonwealth Decision

Catherine M. "Cathy" Brennan

Partner