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CFPB’s press release misleading, attorney says | PressRelease
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CFPB’s press release misleading, attorney says

By on Sep 28, 2016 in Press Release | 0 comments

WASHINGTON (Legal Newsline) – A recent press release from the Consumer Financial Protection Bureau doesn’t represent the actual allegations to which a for-profit education company has settled, a Philadelphia attorney says.

The CFPB announced Sept. 12 it had entered into
a consent order with Bridgepoint Education Inc., a
for-profit, post-secondary education company based in San Diego, that does business as Ashford University and the University of the Rockies.

The
consent order stems from an investigation conducted by the CFPB, California Attorney General Kamala Harris and the Department of Education that led to allegations that Bridgepoint deceived students into taking out private
student loans that cost more than the college advertised.

The
CFPB ordered Bridgepoint to discharge all outstanding private loans it made to
students and to refund loan payments made by borrowers. In addition to more
than $23.5 million in loan forgiveness and refunds, Bridgepoint must also pay
an $8 million civil penalty to the CFPB.

John
L. Culhane Jr., an attorney and partner with Ballard
Spahr LLP
, told Legal Newsline the amount of the penalty seems excessive.

“It’s
always hard to assess [the amount of the penalties] because the CFPB has said very little about
how it determines the amount of any civil money penalty,” he said.

“As is often the case with the CFPB, the press
release doesn’t line up with the allegations in the consent order. The press
release implies that Bridgepoint deceived all of its student borrowers. 

“The
consent order doesn’t allege that the oral payment representations were made
all of the time, or even most of the time. It doesn’t even allege that any
students relied on the representations. It only asserts that these oral
representations happened ‘many’ times and that ‘many’ students ended up making
payments in excess of $25.”

Culhane
also emphasized that the CFPB’s consent order did not allege that Bridgepoint
failed to provide truth-in-lending disclosure statements for the Bridgepoint
loans, “so all of those students would have received a disclosure of their
payment schedule before signing their loan documents,” he said.

For-profit colleges have become a focal point
of CFPB investigations in recent years.

In February 2014, the CFPB filed a lawsuit
against ITT Educational Services, Inc. for a host of allegations of engaging in illegal
practices. ITT announced Sept. 6 it was closing its campuses and filing bankruptcy.

In September 2014, the bureau initiated an action against
Corinthian Colleges alleging it was deceptive in its job placement rates
and used illegal debt collection practices. The investigation ended with a $531 million default judgment and Corinthian’s subsequent bankruptcy and dissolution last
year.

Culhane told Legal Newsline, “The CFPB clearly believes that deceptive marketing
exists in the for-profit college industry and that careful scrutiny of the
industry is necessary as a result. The CFPB appears to question the value of
attending a for-profit college as well.”

The
CFPB attempted to extend the reach of its arms last year in its efforts to
regulate the for-profit college industry by going after an accrediting body. In
August 2015, the CFPB issued a Civil Investigative Demand (CID) against the Accrediting
Council for Independent Colleges and Schools (ACICS) for information relating
to the approval of several for-profit colleges — some that had already been the
target of the CFPB’s investigations and judgments.

ACICS
refused to comply and argued the CFPB was exceeding its authority. The U.S. District
Court for the District of Columbia agreed with ACICS and rejected the CFPB’s request, ruling that the CFPB did not have the authority to issue the request to the
accrediting body. 

Judge Richard Leon wrote, “Although it is understandable that
new agencies like the CFPB will struggle to establish the exact parameters of
their authority, they must be especially prudent before choosing to plow headlong
into fields not clearly ceded to them by Congress.”

On June 13, the CFPB appealed the district court’s
decision to the D.C. Circuit Court of Appeals. Its appeal is still under
review.

Culhane told Legal
Newsline,
accrediting agencies aren’t within the scope of the financial
industry that the CFPB is authorized to regulate. The CFPB was created in 2010 by the Dodd-Frank Wall Street reform bill to oversee the financial services industry.

He said, “Accrediting agencies are
not involved with, and do not assess, the private loan programs offered by the
schools that they review. In seeking information about the accreditation
process, the CFPB wrongly treated ACICS as if it were a secondary market, rating
agency in a bond or securities transaction whose ratings would somehow affect
the offering made to consumers. That is simply not the case.”

Culhane said he doesn’t expect the CFPB to be
deterred by the district court decision in the ACICS case, but he doubts there will be any actions against other accrediting agencies in the near future. 

“The
focus on ACICS was almost certainly due to its having been the accrediting
agency for both ITT and Corinthian,” he said. “However, unless overturned on appeal, the
decision is certain to influence any CID that the CFPB might seek to serve on
an accrediting agency in the future.” 

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