No Dismissal of Student Loans for Student Loan Borrowers Due to FERPA Infractions
Ostensibly, Submitting a FERPA Grievance Won't Annul Your Academic Debts
In the past few weeks, various social media platforms, notably TikTok, have been flooded with misleading assertions suggesting that lodging a complaint under the Family Educational Rights and Privacy Act (FERPA) could result in the cancellation of student loans.
A prime instance of this misinformation is Laverne Mickens, often known as scholarshipcollegemama, who shares a "free template" for student loan borrowers on TikTok, boasting that it will "discharge and forgive" their loan debt. This deceptive video has garnered over 850,000 views and nearly 118,000 likes as of Sunday night. An additional video of hers claiming that she is about to have all her loans terminated due to the FERPA infraction has been viewed over 2.4 million times with over 327,000 likes. The false hope she incites in her viewers' comments is nothing short of disheartening.
The notion that a FERPA infraction is synonymous with student loan annulment grew momentum in light of reports indicating that Department of Government Efficiency, headed by Elon Musk, gained unauthorized access to sensitive student loan data. While concerns regarding privacy are valid, legal experts and recent advancements suggest that lodging a FERPA complaint is highly improbable to result in student loan annulment.
Grasping FERPA and Its Limitations Regarding Student Loan Cancellation
FERPA, enacted in 1974, aims to safeguard the privacy of education records by restricting unauthorized access and disclosure. One essential point to remember is that FERPA does not grant individuals the authority to file lawsuits for violations; instead, the federal government is responsible for enforcement. In the words of attorney Jay Fleischman, "There is no private right of action, no right for an individual to sue for violations of FERPA."
This means that even if a FERPA infraction takes place, the individuals affected cannot seek remedies such as loan forgiveness through private lawsuits. Instead, they can submit a complaint to the U.S. Department of Education, which then evaluates whether to instigate further action.
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Student Loans and the DOGE Data Access Controversy
The student loan controversy escalated when rumors surfaced that DOGE, led by Elon Musk, was granted access to the Department of Education’s internal systems, putting thousands of student loan borrowers' personal information at risk. This resulted in legal actions, including a lawsuit by the University of California Student Association, alleging that such access contravened the Privacy Act of 1974. A federal judge temporarily halted DOGE’s access to these systems following a review.
"Let me be unequivocal: there is no existing legal route towards student loan cancellation based on a FERPA infraction at present." - Andrew Miltenberg
The Stance of Legal Experts on Potential Student Loans Being Forgiven
Despite the tumult, legal experts emphasize that students should not anticipate loan cancellation as a result of potential privacy breaches and underscore that FERPA does not provide a path towards debt cancellation. Andrew Miltenberg, an authority on education law, cautions in an interview with BestColleges, "Let me be unequivocal: there is no existing legal route towards student loan cancellation based on a FERPA infraction at present."
What Student Borrowers Should Be Aware of Regarding FERPA and Student Loan Cancellation
While the idea of canceling student loans by lodging a FERPA complaint is compelling, it is not supported by legal fact. Student loan borrowers with data protection concerns should stay abreast of current legal proceedings and consider lodging a complaint with the Department of Education if they believe their rights have been breached. However, it's crucial to not expect such actions to lead to debt cancellation.
Misinformation relating to FERPA and student loan cancellation serves as yet another example of the pitfalls of financial advice on social media platforms. The New York Times highlights this issue in a recent article titled "Financial Advice on Social Media is Growing. And Risky." People are turning to financial influencers to manage their finances, but sorting out misinformation presents a considerable challenge. Overall, student loan borrowers should seek out credible sources and accurate information or consult with legal or financial experts before acting based on social media trends. Staying well-informed through reputable sources will be invaluable as the situation unfolds.
Student Loan Cancellation Related Reading:
Will Student Loans be Discharged if Trump Shuts Down Department of Education?
Can Trump Rescind Student Loan Forgiveness from Former Student Loan Borrowers?
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Summary:
The belief that lodging a FERPA complaint can cause student loan cancellations is entirely baseless. FERPA is a law designed to protect student privacy, yet it does not provide a legal basis for canceling student loans. Key points derived from various sources include:
- FERPA's Purpose: FERPA ensures that schools are responsible for storing and handling student records appropriately while safeguarding student privacy. Nonetheless, it does not result in debt elimination.
- No Automatic Loan Cancellation: There is no rule in FERPA or any other privacy law that automatically erases loan debt due to a data breach or privacy invasion.
- Court Rulings: Courts have consistently ruled that privacy violations are not an appropriate basis for scrapping valid loan contracts. The Supreme Court has established that individuals cannot file lawsuits seeking relief under FERPA, making such claims futile.
- Feasible Options: Instead of relying on FERPA complaints, borrowers should explore legitimate loan forgiveness programs such as Public Service Loan Forgiveness (PSLF), Income-Driven Repayment (IDR), and other federal programs designed to help with student loan debt.
In conclusion, lodging a FERPA complaint will not result in student loan cancellations. Borrowers should focus on authentic avenues towards loan forgiveness and data protection.
- Despite the spread of misinformation on TikTok suggesting that FERPA complaints could lead to student loan cancellation, legal experts advise against relying on this method.
- Laverne Mickens, known as scholarshipcollegemama on TikTok, has gained popularity by sharing misleading videos claiming that FERPA infractions can result in student loan forgiveness.
- Elon Musk's company, DOGE, has been embroiled in controversy for reportedly gaining unauthorized access to the Department of Education's internal systems, putting student loan borrowers' data at risk.
- Contrary to popular belief, there is currently no legal route to cancel student loans based on a FERPA infraction, according to education law expert Andrew Miltenberg.
- Misunderstandings about student loan cancellation through FERPA complaints are a prime example of the risky financial advice circulating on social media platforms.
- Student loan borrowers should turn to credible sources and financial or legal experts for accurate information instead of relying on social media trends.
