1 00:00:00,040 --> 00:00:02,360 Speaker 1: Well, now it's time for our daily Bloomberg Law Brief, 2 00:00:02,400 --> 00:00:05,280 Speaker 1: exploring legal issues in the news. And Today, Bloomberg Law 3 00:00:05,320 --> 00:00:10,520 Speaker 1: host Gregg's Store discusses student loan provider Navigance recent courtroom 4 00:00:10,760 --> 00:00:13,520 Speaker 1: rose after a field attempt to block to lawsuits from 5 00:00:13,520 --> 00:00:18,560 Speaker 1: the Consumer Financial Protection Bureau. He speaks with Dallier Jimenez, 6 00:00:18,560 --> 00:00:21,079 Speaker 1: a professor at the University of Connecticut School of Law 7 00:00:21,320 --> 00:00:26,000 Speaker 1: and founding member of the CFPB. What is it that 8 00:00:26,160 --> 00:00:31,320 Speaker 1: Naviyance allegedly did wrong here? The CPB and Attorneys General 9 00:00:31,360 --> 00:00:35,000 Speaker 1: Madigan and um Ferguson are arguing that UM, there were 10 00:00:35,000 --> 00:00:37,760 Speaker 1: a lot of different problems, some at origination with private 11 00:00:37,760 --> 00:00:41,400 Speaker 1: student loans UM that private UH that individuals who put 12 00:00:41,440 --> 00:00:45,240 Speaker 1: into risky subprime loans that were designed to fail UM. 13 00:00:45,479 --> 00:00:47,479 Speaker 1: And then the bulk of the problem seems to be 14 00:00:47,479 --> 00:00:50,159 Speaker 1: coming in on the servicing UM and in particular the 15 00:00:50,200 --> 00:00:54,000 Speaker 1: servicing of federal loans that UM where the students were 16 00:00:54,000 --> 00:00:56,640 Speaker 1: having trouble making payments or the borrowers are having trouble 17 00:00:56,680 --> 00:00:59,760 Speaker 1: making payments. UM. One of the bigger allegations is that 18 00:01:00,040 --> 00:01:04,840 Speaker 1: naviyants put students or recommended forbearance and the Forum and 19 00:01:04,880 --> 00:01:09,400 Speaker 1: deferral plans UM instead of putting students into income based 20 00:01:09,680 --> 00:01:12,520 Speaker 1: repayment plans that were available to them. And the CFPB 21 00:01:12,640 --> 00:01:17,200 Speaker 1: is alleging that UM four billion dollars in interest charges 22 00:01:17,800 --> 00:01:22,040 Speaker 1: accrued for refferrals and forbearances UM in a five year 23 00:01:22,080 --> 00:01:24,679 Speaker 1: period or four and a half year period, UM, and 24 00:01:24,720 --> 00:01:27,800 Speaker 1: they think that a lot of that was illegitimate. And 25 00:01:27,959 --> 00:01:32,720 Speaker 1: so this ruling from a federal judge last week, what 26 00:01:32,959 --> 00:01:36,400 Speaker 1: is the significance of that ruling in in terms of 27 00:01:36,400 --> 00:01:40,360 Speaker 1: this lawsuit. Well, Navian was trying to basically say, at 28 00:01:40,440 --> 00:01:43,759 Speaker 1: least as to some of the allegations, the CFB was not, 29 00:01:44,240 --> 00:01:46,080 Speaker 1: you know, that the part of the lawsuits should be 30 00:01:46,080 --> 00:01:50,120 Speaker 1: thrown out. The court ruled on sort of all of 31 00:01:50,160 --> 00:01:54,240 Speaker 1: their allegations UM, very thoroughly. And UM. The first one 32 00:01:54,280 --> 00:01:56,640 Speaker 1: that that Naviant was, the first document that we're trying 33 00:01:56,680 --> 00:01:59,800 Speaker 1: to make was that the CFTB lacked statutory authority to 34 00:02:00,000 --> 00:02:04,280 Speaker 1: bil lawsuit against them. They also challenged the constitutionality of 35 00:02:04,360 --> 00:02:07,400 Speaker 1: the structure of the CFTB. And there's been a number 36 00:02:07,400 --> 00:02:10,640 Speaker 1: of lawsuits by UM by entities that were sued by 37 00:02:10,639 --> 00:02:13,360 Speaker 1: the CFTB who countered with UM. You know this argument 38 00:02:13,400 --> 00:02:15,760 Speaker 1: that the CFTV was I legitimate or that the structure 39 00:02:16,120 --> 00:02:18,960 Speaker 1: was on constitutional in some way. Other arguments they had 40 00:02:19,000 --> 00:02:22,160 Speaker 1: were a little more on points and frankly a little 41 00:02:22,480 --> 00:02:25,040 Speaker 1: when when set out loud. It's sort of a little embarrassing, 42 00:02:25,080 --> 00:02:29,480 Speaker 1: I think, because the CFP was arguing that through some 43 00:02:29,520 --> 00:02:33,480 Speaker 1: statements that Naviyan's had on their website telling students or bars, 44 00:02:33,480 --> 00:02:36,040 Speaker 1: if you have trouble with your loans, um, come to us, 45 00:02:36,080 --> 00:02:37,880 Speaker 1: we can help you. We can um, you know, put 46 00:02:37,919 --> 00:02:40,680 Speaker 1: you in a good repayment plan um. And then they 47 00:02:40,720 --> 00:02:43,160 Speaker 1: did not do that. They violated not just that duty, 48 00:02:43,160 --> 00:02:47,560 Speaker 1: but they were being deceptive. As danlier Himenes, professor at 49 00:02:47,600 --> 00:02:50,480 Speaker 1: the University at Connecticut School of Law, speaking with Bloomberg 50 00:02:50,560 --> 00:02:52,920 Speaker 1: Law host jar and Grasso. You can listen to Bloomberg 51 00:02:52,960 --> 00:02:55,400 Speaker 1: Law weekdays at one pm Wall Street Time here on 52 00:02:55,480 --> 00:02:59,040 Speaker 1: Bloomberg Radio Now. Among the top legal stories from Bloomberg Law, 53 00:02:59,080 --> 00:03:02,120 Speaker 1: five transgender a members of the U. S Military are 54 00:03:02,120 --> 00:03:05,480 Speaker 1: assuing President Trump and top Pentagon leaders, trying to stop 55 00:03:05,520 --> 00:03:09,040 Speaker 1: them from betting transgender people from serving in any capacity. 56 00:03:09,160 --> 00:03:11,600 Speaker 1: The suit seeks to prevent the president from reversing a 57 00:03:11,680 --> 00:03:15,320 Speaker 1: policy put in place during the Obama administration. President Trump 58 00:03:15,320 --> 00:03:18,440 Speaker 1: announced the policy shift last month. So far, it hasn't 59 00:03:18,480 --> 00:03:22,560 Speaker 1: been implemented. That's this morning's Bloomberg Labbrary. If you can 60 00:03:22,560 --> 00:03:25,160 Speaker 1: find more illegal news at Bloomberg Law dot com and 61 00:03:25,200 --> 00:03:29,200 Speaker 1: Bloomberg BNA dot com. Attorneys will find exceptional legal research 62 00:03:29,200 --> 00:03:32,760 Speaker 1: and business development tools there as well. Visit Bloomberg Law 63 00:03:32,800 --> 00:03:36,800 Speaker 1: dot com and Bloomberg BNA dot com for more information