JUST FOUND OUT RECENTLY MYSELF! COMMENT ON STUDENT LOAN REPAYMENT REG CHANGES.

The deadline for receiving comments  at www.regulations.gov is one minute before Midnight tonight!  I can't urge you strongly enough:  Post your own comments.  Use the hyperlink below.  Tell them what you think.  Here's another comment that I posted there today:

 

August 30, 2018

www.regulations.gov

Re:      RIN:                                               1840-AD26

            Federal Register Number:         2018-15823

            ID:                                                  ED-2018-OPE-0027-0001

"Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program"

To the Department of Education:

            With respect, you have not complied with applicable law to support your proposed regulations regarding the disposition of pre-dispute arbitration agreements and class action waivers.  Your proposed regulations hinge on disclosure, compliance with which would make the agreements and waivers legally sufficient.  However, your proposed regulations and your Proposed Rule document do not offer sufficient basis for taking this approach as distinct from either (1) an outright ban on such agreements and waivers or (2) restricting the use (as distinct from disclosure) of such agreements and waivers.   It is respectfully submitted accordingly that, because your proposed regulations are insufficiently supported rulemaking as required by applicable law, your proposed regulations are void including but not limited to, your proposed new language in Section 668.41, and new Section 668.41(h), and Section 685.304.

            Further, your proposed new Section 668.41(h) would add the following definition which is unsupported by experience or facts provided in your Proposed Rule document:

            (2)        For the purposes of this paragraph (h), the following definitions apply:

            (i)        Class action means a lawsuit or an arbitration proceeding ....

My experience may be limited in this regard but I have never experienced a class action arbitration proceeding, nor have I ever heard of one or come across one in 40 years of legal research.  If in fact there is no such thing, then your proposed regulation Section 668.41(h) is not supported by evidence or law at this time.  (In fact, it is probably not supportable at all.)

            Thank you for your consideration of these comments.

Sincerely Yours,

Dennis J. Wall, Esquire

Dennis J. Wall