Request for Information Regarding an Initiative to Promote Student Loan Affordability ...

361 Pages·2013·30.78 MB·English

Request for Information Regarding an Initiative to Promote Student Loan Affordability
Docket ID: CFPB-2013-0004

Organizational Letters*

1. AARP
2. American Association of University Women (AAUW)
3. American Bar Association Young Lawyers Division
4. American Federation of Teachers (AFT)
5. American Medical Association (AMA)
6. American Psychological Association (APA)
7. American Student Assistance (ASA)
8. Americans for Financial Reform (AFR)
9. Association of Credit Counseling Professionals (ACCPros)
10. Bank of North Dakota (BND)
11. Brazos Higher Education Authority, Inc.
12. Buffalo Federation of Neighborhood Centers, Hope Center
13. California Consumer Law Center
14. Center for American Progress & Campus Progress
15. Center for Public Interest Law (CPIL)
16. Center for Responsible Lending (CRL)
17. Clarifi
18. Coalition of Higher Education Assistance Organizations
19. Consumer Bankers Association (CBA)
20. Consumer Credit Counseling Service of Greater San Antonio
21. Credit Union National Association (CUNA)
22. Crescent City Schools
23. Discover Bank
24. East Bay Community Law Center
25. Education Finance Council (EFC)
26. Equal Justice Works
27. Fastweb.com & FinAid.org
28. Financial Education and Counseling Alliance
29. First Marblehead Corporation
30. Illinois Attorney General Lisa Madigan
31. Innovative Changes
32. Institute for Women's Policy Research
33. Iowa Student Loan Liquidity Corporation
34. Kentucky Higher Education Student Loan Corporation (KHESLC)
35. Main Street Alliance
36. Michigan Credit Union League and Affiliates
37. Military Debt Management Agency (MDMA)
38. Mississippi Center for Justice
39. Missouri Credit Union Association (MCUA)
40. Money Management International, Inc. (MMI)
41. National Association of Federal Credit Unions (NAFCU)
42. National Association of Graduate-Professional Students (NAGPS)
43. National Association of Home Builders (NAHB)
44. National Association of REALTORS (NAR)
45. National Consumer Law Center (NCLC)
46. National Council of Higher Education Resources (NCHER)
47. National Foundation for Credit Counseling (NFCC)
48. National Latino/a Law Student Association (NLLSA)
49. New England Venture Capital Association (NEVCA)
50. Ohio Credit Union League (OCUL)
51. Pennsylvania Association of Student Financial Aid Administrators (PASFAA)
52. Pennsylvania Higher Education Assistance Agency (PHEAA)
53. Progressive Policy Institute (PPI)
54. Public Citizen
55. Sallie Mae
56. SoFi
57. Student Loan Alliance
58. Student Loan Assistance for the Public Interest (SLAPI)
59. Student Loan Counseling Service, Inc. (SLCS)
60. Student Loan Justice
61. Student Loan Servicing Alliance (SLSA)
62. The Financial Clinic
63. The Institute for College Access and Success (TICAS)
64. Tuition.io
65. United Bank of Union
66. United States Student Association (USSA)
67. University of California, Office of the President
68. Veterans of Foreign Wars (VFW)
69. Wells Fargo & Company
70. Women’s Institute for a Secure Retirement (WISER)
71. Woodstock Institute
72. Young Invincibles

*Due to the various methods of submission, this list may not be exhaustive of all comments submitted by organizations.
To view the complete docket visit: http://www.regulations.gov/#!docketDetail;D=CFPB-2013-0004.
CFPB-2013-0004 1

April 8, 2013

Monica Jackson
Office of the Executive Secretary
Consumer Financial Protection Bureau
1700 G Street, N.W.
Washington, DC 20552

Re: Request for Information Regarding an Initiative to Promote Student Loan
Affordability
Docket No. CFPB-2013-0004
Due: April 8, 2013

AARP1 appreciates the opportunity to submit this letter in response to the Request
for Information Regarding an Initiative to Promote Student Loan Affordability, Fed. Reg.,
Vol. 78, No. 39 (February 27, 2013). AARP has long been an advocate for consumer
protections for financial products, including all types of loans. Among the many issues
of concern to AARP is the financial security of older Americans and how debt impacts
financial security in retirement.

The AARP Public Policy Institute recently released a series of reports that examine
America’s middle class. The Middle Class Security Project looked at factors that
address middle class security from a variety of perspectives, including a detailed look at
trends in assets and debt by age groups. 2 This report used data from the Federal
Reserve’s Survey of Consumer Finances to calculate the average amount of assets and
debt by age group and how they have changed over time.3 Middle class is defined as

1 AARP is a nonprofit, nonpartisan membership organization that helps people 50+ have independence,
choice, and control in ways that are beneficial and affordable to them and society as a whole. We
produce AARP The Magazine, AARP Bulletin, AARP Viva, NRTA Live and Learn, and provide information
via our website, www.aarp.org. AARP publications reach more households than any other publication in
the United States. AARP advocates for policies that enhance and protect the economic security of
individuals.
2 More information about the Middle Class Security Project can be found at: www.aarp.org/security.
3 Lori A. Trawinski, Assets and Debt across Generations: The Middle Class Balance Sheet 1989-2010,
(Washington, DC: AARP Public Policy Institute, 2013).
http://www.aarp.org/content/dam/aarp/research/public policy institute/security/2013/middle-class-
balance-sheet-1989-2010-AARP-ppi-sec-pdf.pdf
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CFPB-2013-0004 2
families with incomes between the 20th and 80th income percentiles. The age of the
head of the family was used to develop the age grouping.

Average Outstanding Debt of Middle Class Families 2010
(dollars)
% of % of % of % of
Total Total Total Total
Age 25-49 Debt Age 50-64 Debt Age 65-74 Debt Age 75+ Debt
Mortgage-related 70,477 80.4% 67,225 83.4% 44,103 87.3% 26,116 83.5%
Credit Cards 2,734 3.1% 3,427 4.2% 1,861 3.7% 1,276 4.1%
Education Loans 7,420 8.5% 3,114 3.9% 658 1.3% 420 1.3%
Vehicle Loans 4,647 5.3% 3,821 4.7% 2,911 5.8% 1,676 5.4%
Other * 2,366 2.7% 3,064 3.8% 970 1.9% 1,776 5.7%
Total Debt 87,644 80,651 50,503 31,264

* Includes lines of credit, installment, and pension, life insurance and margin loans
Source: AARP Tabulation of Survey of Consumer Finances Data.

The study found several troubling trends regarding average levels of debt
accumulation across all age groups over the past two decades. This debt includes
mortgages, credit cards, education loans, vehicle loans, and other types of loans:

 The average debt of middle class families has increased sharply since 1989,
and the rate of increase rises with age.

 Rising debt often reflects intergenerational stress, as each age group is
affected by financial circumstances of surrounding generations, including the
cosigning of loans for education and other purposes.

The data presented above are based on the average debt of all families in an age
group, regardless of whether they hold a particular type of debt. The report also
examined average debt levels for families that hold certain types of debt.4 Examination
of trends in education debt levels for those families that carried such debt show a strong
increase in education debt over the past two decades. However, the data source does
not identify whether the debt is for the respondent, or a respondent’s child, grandchild,
or anyone else. The data does also not identify the type of student loan, i.e., federal or

4 Examination of only those who hold a given debt results in higher average debt levels, since families
who hold zero debt are excluded from the calculation.
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private. Strong growth in the incidence and amount of student loan debt of middle class
families was observed:

Families Age 25-49:

 12 percent of families had education debt in 1989 with an average (mean)
balance of $10,700.5
 30 percent of families had education debt in 2010 with an average balance of
$24,767.

Families Age 50-64:

 7 percent had education debt in 1989 with an average balance of $8,039.
 11 percent had education debt in 2010 with an average balance of $28,090.

Education debt of families age 50-64 increased faster over the past two decades
than it did for families under the age of 50. However, it is important to note that while
education debt has increased, it accounts for a relatively small percentage of total debt
for families of all ages. As debt levels increase, the amount of money required for
monthly repayments also increases. For younger families this may lead to a delay in
saving money for other purposes, such as financing a home purchase or saving for their
retirement. For families age 50-64, increasing debt threatens their ability to save for
retirement or accumulate other assets, and may end up requiring them to delay
retirement.

Growing debt burdens appear to pose a threat to the financial security of Americans
of all ages. Increasing amounts of education debt, though not currently a problem for
most older American families, is cause for concern for those families that carry it. There
are two concerns specific to older Americans:
1. Social Security payments can be garnished for unpaid federal student loan
debt—one of the very limited debts that can be repaid in this manner.
2. Older families who are delinquent on federal debt are also not eligible for a
federally-insured reverse mortgage until the debt is repaid.

Conclusion

AARP encourages the CFPB to pay specific attention to the unique needs of older
Americans as you develop policies, regulations and disclosures regarding student

5 Figures have been adjusted to 2010 dollars.
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loans, and to work to protect older Americans from Social Security garnishment and
ensure that they have access to the full spectrum of financial tools that can help them to
age in place. AARP appreciates the opportunity to provide our perspective on these
important issues. We look forward to working with you and your staff to develop
effective policies to protect the financial security of older Americans. Please contact
Cristina Martin-Firvida at 202-434-6194 if you have any additional questions.

Sincerely,

David Certner
Legislative Counsel and Legislative Policy Director
Government Affairs
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April 8, 2013

The Honorable Richard Cordray
Consumer Financial Protection Bureau
c/o Monica Jackson
Office of the Executive Secretary
1700 G Street NW
Washington, DC 20552.
Submitted via [email protected]

Re: AAUW comments on private student loans; Docket No. CFPB–2013–0004

Dear Director Cordray:

On behalf of the more than 150,000 members and supporters of the American Association of
University Women (AAUW), I am pleased to share AAUW’s comments on the Consumer
Financial Protection Bureau’s request for information from private student loan borrowers.1
Since its founding in 1881, AAUW has been committed to making the dream of higher education
a reality for women. AAUW’s 2011-2013 Public Policy Program affirms our commitment to
“increased support for, and access to, higher education for women and other disadvantaged
populations.”2

AAUW supports the CFPB’s efforts to educate borrowers about loan and debt levels associated
with higher education. Because student aid and family incomes have not risen at the same rates
as college tuition, the dream of a college education has become more of a challenge in recent
years, placing burdens on both students and their families and prompting about two-thirds of
college graduates take out loans.3

Loan repayment is an even more significant burden for women, who earn less on average over
the course of their lives than their male counterparts. In 2009, the average woman who worked
full time earned just over 77 cents for each dollar earned by her male counterpart.4 AAUW’s
2012 report Graduating to a Pay Gap5 found that college-educated women working full time
were paid an unexplained 7 percent less than their male peers were paid one year out of college.

Another AAUW report found this gap grew to 12 percent when men and women were out of
college for 10 years out of college, even when they had the same major and occupation as their
male counterparts and when controlling for factors known to affect earnings such as education
and training, parenthood and hours worked.6 These findings suggest that sex discrimination not
only continues to be a problem in the workplace, but that it affects the incomes of even the most
educated women starting immediately out of college. Since women are more likely to borrow
than men and will make less on average after graduation, female graduates are more likely to
struggle with their debt to income ratio.7

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AAUW believes the CPFB should develop transparent, robust regulations that allow students to
access critical private education loans while protecting students from unscrupulous or predatory
lending practices. Higher education will only increase in importance in today’s economy, and all
students should have the opportunity to pursue their educational goals.

In its Federal Register notice, the CPFB asked several questions about private student loans.
AAUW posed these questions to our members and received many responses that illuminate the
challenges of private student loans. The questions and responses from our members are listed
below and should be considered when developing these policies. AAUW staff is available should
you wish to follow up with any of these members for more information concerning their answers.

1. If you're struggling to repay your private student loan, what do you think is the main
cause of that struggle? Do you think there's any way to predict whether people will
struggle to pay off their loans?
 Loans are readily available but students are not well informed of how quickly
repayment will need to begin and how stressful that is as you establish yourself in the
workforce. – Julie, Kansas

 I took out a student loan for my son to go to a private school back in 2007. At the
time I was making $14.50 an hour. Little did I know I would get fired from my job of
5 years. I don't know whether it had to do something with the economy or my duties
there, so no, I don't think there is any way to predict a person would fall into bad
times and be unable to pay back the loan. – Marcalla, Arizona

 My main struggle to pay off a student loan is because mainly I don't have a job. If you
don't have a job right way out of school or if you have to drop out of school is a way
to predict whether or not you would be able to predict you could be able to pay back
any loans. – Jonice, Illinois

 I'm speaking for my daughter. She is struggling to pay off her student loan because
she's paid almost minimal wage and has not had a raise in many years working for the
City of Dallas, Library, with no raise expected. New workers are hired at a higher rate
of pay without degrees or experience. – Linda, Texas

 You can’t tell completely, but attending a for-profit school that spends more on
marketing than teaching is something to consider, as they are not trying to educate,
gaining you a skill, but to take advantage of government student loans. – Raymond,
Maryland

 Initially I had difficulties because the monthly payment was more than my rent, and
employment in the field for which I took the loans did not pay enough to meet all my
basic needs and allow me to pay the student loans. Later I became ill, and I am now
disabled and unable to work at all. – Sandra, Nevada

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 I'm unemployed and 52yrs. I've been struggling to pay back student loans indebted
25yrs. back. Though I have never filed for bankruptcy, I now have commercial-
private loans totaling over $15,000.00. Help me! - John, Alaska

 The main cause of my struggle to repay my student loans is my job loss and inability
to obtain a new job that pays enough to cover all my bills. Do I think there's any way
to predict whether people will struggle to pay off their loans? It depends on a person's
circumstances. If you have a position or can get a position using your degree that pays
enough to cover your bills there should be no problem paying back loans unless they
are Adjustable Rate loans. That could be a huge problem. There is no way to budget
for that much uncertainty. – Margaret, North Dakota

 As a 'later in life' graduate with outstanding student loans, it is imperative to protect
the private loans. With the recession, many young and older students are caught in the
gap of long term student loans that must be protected at a low interest rate. – Kathy,
Indiana

 There are no good paying jobs for college graduates. The cost of private loans is too
high & we will have bad credit & no able to live the American Dream without being
given immunity. – Sally, California

 The main cause of this struggle is the interest rates that are applied. How is one
supposed to pay off a debt when it doubles or triples every five to ten years? It's not
rocket science, how are educated people supposed to stand for this? We take on a loan
to better ourselves only to find out that instead the companies are actually profiting
off our demise. – Shavon, Florida

 The cause of the struggle are the fees and collection amounts attached to the loan
after going into default because I got injured, couldn’t work, and didn’t file a
deferment. When the loan (s) goes in default, the collection agency can increase the
amount to a "fair and reasonable" amount - which in my case was a total increase of
100% of what I’ve borrowed. Example: I borrowed $27,000, they increased the
principal to 54k overnight. Then the collection agency keeps the loan for one year,
then sells the remaining debt to another agency, they add an additional 14k to the
total. I have paid far more than I borrowed, but still owe 55,000 according to the
payoff. That will mean, if I paid it off today, the total amount paid on 27,000 would
be around 100,000. But because I can’t afford to pay it off in one lump sum, it will
just continue to be sold over and over and 14,000 will be added every time which
means I will never pay it off. Garnishment is 15% of all my checks. If I try to enter a
payment plan, they want $1000 a month. I only make $25,000 before taxes. The only
choice I have is to let them garnish my wages. Garnishment is my only option. I don’t
buy anything other than food to prepare at home. Garnishment is 15% of my pay vs.
the $1000+ they want a month on the payment program… After normal taxes,
combined with the 15% garnishment, I have no money left. – Christopher, Kentucky

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 The 6.8% interest rate is what causes my struggle. I can buy a car at 0% because I
have good credit, but student loan lenders capitalize on people and don't offer low
rates. – Maggie, Michigan

 Payments are TOO HIGH. – Jimmy, Pennsylvania

 I had to take most of my disability payment and apply it to my 3 private loans from
Nelnet. – Mark, Arizona

 There is no sure way to predict if people will be able to pay off their loans, but one
sure way is that the loans repayment is affordable. Some of that will depend of what
salary people have, and their monthly household income. – Yvette, Minnesota

 The main cause of my family's struggle is that we do not currently have the funds to
make payments on my husband's student loans. His income was reduced drastically
since 2010. Additionally the loan is too large (over $280,000 from a starting point of
$40,000) largely due to the interest that kept building up on it -even at times during
some periods of continuing education (prior to government taking over loans several
years. I don’t see a way to predict whether people will struggle to pay off their loans.
We had a good income & did not foresee its loss. – D.A., Pennsylvania

 I was lied to about having a loan and by the time I found out, it had already started
accruing interest. I think people struggle due to the economy, due to the fact they may
not make enough money to live off of and pay off a loan. – Charisse, Oklahoma

 Unemployment and underemployment. I live in Illinois and my nephew lives in
Massachusetts. His parents didn't have credit to co-sign his student loans. I had a
good job at the time and fully expected my nephew to get a job when he graduated in
December 2006 so I agreed to co-sign. He didn't find a job then and has been
unemployed this whole time. In September 2008, I lost my job at the age of 61, and
that is when the credit calls started. As a co-signer, I am liable for his loans. I am
fortunate to have pensions and Social Security so I was able to retire. – Shirley,
Illinois

2. What actions do you take to be able to repay the private loan each month? Do you
change your lifestyle or living arrangements? Do you delay big purchases, like a car or
house? Do you defer payment of other debts (like federal loans or credit cards bill) so
you can repay your private loan?
 I used federal loan money to repay my private loan. – Julie, Kansas

 I have not been able to pay any of the loan, so it seems to be getting higher and
higher. I call every year to get it extended. My lifestyle has been non-existent since I
lost my job back in 2007. I went from $14.50 to $10.30 an hour, plus I don't work the
full 40 hours a week. – Marcalla, Arizona

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