§ 19-33-8. Responsibilities of student loan servicers.
(a) A student loan servicer shall provide annually, and at the request of a student loan
borrower, the terms of their loan, progress toward repayment, and eligibility for
any loan relief programs including, but not limited to, income-driven repayment plans,
public service loan forgiveness, forbearance, and deferment.
(b) A student loan servicer shall establish policies and procedures, and implement them
consistently, in order to facilitate evaluation of private student loan alternative
repayment arrangement requests, including providing accurate information regarding
any private student loan alternative repayment arrangements that may be available
to the borrower through the promissory note, or that may have been marketed to the
borrower through marketing materials.
(c) A private student loan alternative repayment arrangement shall consider the affordability
of repayment plans for a distressed borrower, as well as the investor, guarantor,
and insurer guidelines, and previous outcome and performance information.
(d) If a student loan servicer offers private student loan repayment arrangements, a student
loan servicer shall consistently present and offer those arrangements to borrowers
with similar financial circumstances.
(e) If a borrower inquires of a servicer of private student loans about consolidating
or refinancing a federal student loan into a private student loan, the servicer of
private student loans must disclose in advance of the refinancing or consolidation,
any benefits or protections exclusive to federal student loans that may be lost as
a result of the consolidation or refinancing.
(f)(1) A student loan servicer shall respond to a written inquiry from a student loan borrower,
or the representative of a student loan borrower, within ten (10) business days after
receipt of the request, and provide information relating to the request and, if applicable,
the action the student loan servicer will take to correct the account or an explanation
for the student loan servicer's position that the borrower's account is correct.
(2) The ten-day (10) period described in subsection (f)(1) may be extended for not more
than fifteen (15) days, if before the end of the ten-day (10) period the student loan
servicer notifies the borrower or the borrower's representative of the extension and
the reasons for the delay in responding.
(3) After receipt of a written request related to a credit reporting dispute on a borrower's
payment on a student education loan, a student loan servicer shall not furnish adverse
information to a consumer reporting agency regarding a payment that is the subject
of the written inquiry.
(g) Except as provided by federal law or required by a student loan agreement, a student
loan servicer shall inquire of a borrower how to apply an overpayment to a student
education loan. A borrower's direction on how to apply an overpayment to a student
education loan shall stay in effect for any future overpayments during the term of
a student education loan until the borrower provides different directions. For purposes
of this section, "overpayment� means a payment on a student education loan in excess
of the monthly amount due from a borrower on a student education loan, also commonly
referred to as a prepayment.
(h) Where a borrower has multiple loans at the same level of delinquency, a student loan
servicer shall apply partial payments in a manner that minimizes late fees and negative
credit reporting by applying such payments to satisfy as many individual loan payments
as possible on a borrower's account. For purposes of this section, "partial payment�
means a payment on a student loan account that contains multiple individual loans
in an amount less than the amount necessary to satisfy the outstanding payment due
on all loans in the student loan account, also commonly referred to as an underpayment.
(i) In the event of the sale, assignment, or other transfer of the servicing of a student
education loan that results in a change in the identity of the person to whom a student
loan borrower is required to send payments or direct any communication concerning
the student education loan, the following provisions apply:
(1) As a condition of a sale, an assignment, or any other transfer of the servicing of
a student education loan, a student loan lender shall require the new student loan
servicer to honor all benefits originally represented as available to a student loan
borrower during the repayment of the student education loan and preserve the availability
of the benefits, including any benefits for which the student loan borrower has not
yet qualified.
(2) A student loan servicer shall transfer to the new student loan servicer all records
regarding the student loan borrower, the account of the student loan borrower, and
the student education loan of the student loan borrower.
(3) The records required under subsection (i)(2) shall include the repayment status of
the student loan borrower and any benefits associated with the student education loan
of the student loan borrower.
(4) The student loan servicer shall complete the transfer of records required under subsection
(i)(2) within forty-five (45) days after the sale, assignment, or other transfer of
the servicing of a student education loan.
(5) The parties shall notify all student loan borrowers impacted by the sale, assignment,
or other transfer of the servicing of a student education loan at least seven (7)
days before the next payment on the loan is due. Notice must include: The identity
of the new loan holder and/or servicer; the effective date of the transfer; the date
on which the old servicer will no longer accept payments; the date on which the new
servicer will begin to accept payments; and contact and billing information for loan
payments.
(j) A student loan servicer that services a student education loan shall adopt policies
and procedures to verify that the student loan servicer has received all records regarding
the student loan borrower; the account of the student loan borrower; and the student
education loan of the student loan borrower, including the repayment status of the
student loan borrower and any benefits associated with the student education loan
of the student loan borrower.
(k) When a prior student loan servicer receives a payment intended for the new student
loan servicer, the prior student loan servicer must promptly transfer the payment
to the new servicer, along with the date the prior servicer received the payment.
(l) When a new servicer receives a payment from a prior servicer under subsection (k),
the payment must be applied as of the date received by the prior servicer. A student
loan servicer must implement processes and controls to ensure a student loan borrower
does not incur additional interest, fees, or delinquency due to complications related
to the sale, assignment, or other transfer of the servicing of a student education
loan.
(m) A student loan servicer may not withhold student transcripts from borrowers that are
or were delinquent in student loan payments.