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CRL and Department of Education to Negotiate Borrow Defense Rule

Friday, November 10, 2017
Ashley Harrington

Advisory for Monday, Nov. 13 to Wednesday, Nov. 15, 2017

Negotiated rule making process will include various education and consumer advocates from across the country.

WASHINGTON, D.C. – On Monday, November 13, 2017, at approximately 9 a.m. ET the Center for Responsible Lending (CRL) along with various advocacy organizations including Consumers Union will participate in the U.S. Department of Education’s (DOE) negotiated rulemaking process on the Borrower Defense to Repayment Rule. This will be one of three meetings where CRL and other participants will gather with DOE officials to strike an agreement on a borrower defense rule to protect students defrauded by their schools.

This marks the second time a committee has been convened on this rule in less than two years. The decision to re-do this negotiated rulemaking process was announced following the Department of Education’s ill-advised decision to rescind the Obama era’s Borrower Defense to Repayment and Gainful Employment regulations—two rules that CRL supported.

Throughout the rulemaking process, CRL hopes that the Department moves away from its recent track record of supporting predatory institutions at the expense of taxpayers and students. Such a showing would consist of efforts to create a strong federal standard for relief rooted in consumer protection law and curb the use of mandatory arbitration agreements that prevent students from seeking redress in court.

In addition to this month’s meeting, future rulemaking discussions will take place in January and February 2018.

If you have questions regarding this meeting please email

Washington, D.C. – Monday, November 13, 2017

Who: Ashley Harrington, Counsel, Center for Responsible Lending and Suzanne Martindale, Senior Attorney, Consumers Union
What: Negotiated rulemaking for borrower defense to repayment
When: Monday, November 13 to Wednesday, November 15
Where: The Holiday Inn Washington Capitol, 550 C Street SW, Congressional II Room, Washington, D.C. 20024