§1412. Duties of student loan servicers
A. Except as required by a court order or federal law, a student loan servicer shall
not do any of the following:
(1)Employ, directly or indirectly, any scheme, device, or artifice to mislead a student
loan borrower.
(2)Engage in any unfair, abusive, or deceptive trade practice toward any person.
(3)Misrepresent information or omit any material information in connection with
the servicing of a student education loan, including but not limited to the following:
(a)Any fee owed by a student loan borrower.
(b)Any payment due by a student loan borrower.
(c)The appropriateness or availability of a student loan borrower's repayment
options.
(d)The terms and conditions of the student education loan.
(e)The student loan borrower's obligations pursuan
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§1412. Duties of student loan servicers
A. Except as required by a court order or federal law, a student loan servicer shall
not do any of the following:
(1) Employ, directly or indirectly, any scheme, device, or artifice to mislead a student
loan borrower.
(2) Engage in any unfair, abusive, or deceptive trade practice toward any person.
(3) Misrepresent information or omit any material information in connection with
the servicing of a student education loan, including but not limited to the following:
(a) Any fee owed by a student loan borrower.
(b) Any payment due by a student loan borrower.
(c) The appropriateness or availability of a student loan borrower's repayment
options.
(d) The terms and conditions of the student education loan.
(e) The student loan borrower's obligations pursuant to the student education loan.
(4) Obtain property by misrepresentation of fact or omission of material fact.
(5) 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 does any of
the following:
(a) Makes a one-time direction for the allocation of future payments.
(b) Directs an allocation of a payment at the time the payment is made.
(c) Directs an allocation in response to an inquiry by the student loan servicer.
(d) Changes an existing direction for the allocation of future payments.
(6) Misapply or refuse to correct a misapplication of a payment from a student loan
borrower.
(7) Provide inaccurate information to a consumer reporting agency or refuse to
correct inaccurate information provided to a consumer reporting agency.
(8) 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.
(9) Refuse to communicate with an authorized representative of a student loan
borrower who provides a written authorization signed by the student loan borrower, except
as provided for in Subsection B of this Section.
(10) Negligently make a false statement or omit a material fact in connection with
any informational report filed with, or any investigation conducted by, a state or local
government agency.
B. A student loan servicer may adopt procedures to verify that an authorized
representative of a student loan borrower is authorized to act on behalf of the student loan
borrower.