1 00:00:00,040 --> 00:00:02,960 Speaker 1: Now it's time for our daily of Bloomberg Lobbref, exploring 2 00:00:03,040 --> 00:00:05,640 Speaker 1: legal issues in the news, and today Bloomberg, Lahouse student 3 00:00:05,680 --> 00:00:09,160 Speaker 1: Grosso and Greg Sture discuss why nineteen US state Attorneys 4 00:00:09,200 --> 00:00:12,680 Speaker 1: general are suing Education as Secretary Bessie de Vos for 5 00:00:12,760 --> 00:00:17,320 Speaker 1: delaying protections for student borrowers. They speak with Catherine Lee Carry, 6 00:00:17,440 --> 00:00:21,520 Speaker 1: special counsel at Cooley. These are complicated rules are a 7 00:00:21,560 --> 00:00:24,480 Speaker 1: lot of different aspects to them, including standards that apply 8 00:00:24,560 --> 00:00:27,840 Speaker 1: when students who say they were defrauded want to get 9 00:00:27,840 --> 00:00:30,280 Speaker 1: out of having to pay the debts. What are the 10 00:00:30,320 --> 00:00:35,760 Speaker 1: attorneys generals seem most focused on in their lawsuit? The 11 00:00:35,800 --> 00:00:40,560 Speaker 1: ages are focused on for two primary issues, one being 12 00:00:40,720 --> 00:00:45,440 Speaker 1: what they considered to be deprivation of rights and benefits 13 00:00:45,479 --> 00:00:48,519 Speaker 1: for their enforcement actions, and the other being what they 14 00:00:48,560 --> 00:00:51,440 Speaker 1: consider to be harmed for to students. If the regulations 15 00:00:51,440 --> 00:00:55,440 Speaker 1: are rolled back, Specifically, as part of the new rules, 16 00:00:55,920 --> 00:00:59,080 Speaker 1: the Department of ED would have considered as part of 17 00:00:59,120 --> 00:01:02,520 Speaker 1: their process for determining whether or not student claims had 18 00:01:02,840 --> 00:01:05,680 Speaker 1: a basis or if a group claim could be created, 19 00:01:05,920 --> 00:01:09,559 Speaker 1: would be using an a g S successful enforcement action 20 00:01:09,600 --> 00:01:12,480 Speaker 1: against the school. And then on the student side, they 21 00:01:12,520 --> 00:01:15,400 Speaker 1: They are primarily focused on the idea of students having 22 00:01:15,640 --> 00:01:20,119 Speaker 1: the personal um rights of action against the school through 23 00:01:20,319 --> 00:01:24,160 Speaker 1: litigation as opposed to arbitration or class action that has 24 00:01:24,360 --> 00:01:28,000 Speaker 1: that would would have been essentially barred by the July 25 00:01:28,080 --> 00:01:30,640 Speaker 1: one rule, where schools could not force a student to 26 00:01:30,880 --> 00:01:33,600 Speaker 1: enter into an arbitration agreement or a class action waiver 27 00:01:33,720 --> 00:01:37,160 Speaker 1: prior to um an actual dispute coming up Kate. This 28 00:01:37,240 --> 00:01:40,520 Speaker 1: lawsuit came three days after the d C. Appeals Court 29 00:01:40,560 --> 00:01:44,360 Speaker 1: reviewed the e p A for unilaterally delaying Obama era 30 00:01:44,560 --> 00:01:48,800 Speaker 1: methane regulations? Did divas do the same thing here by 31 00:01:48,880 --> 00:01:54,480 Speaker 1: not engaging in the legal process for changing or rescinding regulations? 32 00:01:55,920 --> 00:01:59,640 Speaker 1: There does seem to be some correlation between the arguments 33 00:01:59,640 --> 00:02:02,800 Speaker 1: that are being made on both sides the There are 34 00:02:02,800 --> 00:02:05,720 Speaker 1: a couple of things that that seemed to distinguish the two. 35 00:02:05,840 --> 00:02:08,840 Speaker 1: One is that the e p A rule was already 36 00:02:08,840 --> 00:02:11,280 Speaker 1: in effect and it was just a certain provision of 37 00:02:11,320 --> 00:02:13,040 Speaker 1: the rule that was to go and effect in June 38 00:02:13,120 --> 00:02:15,520 Speaker 1: that they were trying to roll back, as opposed to 39 00:02:15,560 --> 00:02:18,399 Speaker 1: the borrow defense rule, which had not become effective yet 40 00:02:18,600 --> 00:02:21,440 Speaker 1: at the time that they are trying to stay the rule. 41 00:02:22,040 --> 00:02:24,760 Speaker 1: But I do think that there are some similar legal 42 00:02:24,840 --> 00:02:28,600 Speaker 1: issues that will likely come up um in this A 43 00:02:28,760 --> 00:02:31,320 Speaker 1: G case that's similar to the case that came up 44 00:02:31,320 --> 00:02:34,079 Speaker 1: with the A P A in relation to their authority 45 00:02:34,200 --> 00:02:38,040 Speaker 1: to delay a rule that already went through the negotiated 46 00:02:38,120 --> 00:02:41,320 Speaker 1: rulemaking process and as Catherine and the League carry Special 47 00:02:41,360 --> 00:02:44,400 Speaker 1: Council at Cooley speaking with Bloomberg Law House, Jun Grosso 48 00:02:44,520 --> 00:02:47,119 Speaker 1: and Greg's store. You can listen to Bloomberg Law weekdays 49 00:02:47,120 --> 00:02:50,400 Speaker 1: at one pm Wall Street Time here on Bloomberg Radio, 50 00:02:50,560 --> 00:02:52,680 Speaker 1: and that's this morning's Bloomberg Law Brief. You can find 51 00:02:52,680 --> 00:02:55,440 Speaker 1: more legal news at Bloomberg Law dot com and Bloomberg 52 00:02:55,480 --> 00:02:58,760 Speaker 1: BNA dot com. Attorneys will find exceptional legal research and 53 00:02:58,840 --> 00:03:02,280 Speaker 1: business development tools there, as well more information at Bloomberg 54 00:03:02,360 --> 00:03:05,280 Speaker 1: Law dot com and Bloomberg b and A dot com