§ 26-602
591 words·~3 min read·
/md/education/26-602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§26–602.
(a)Except as otherwise required by federal law or a court order, a student loan servicer may not:
(1)Employ, directly or indirectly, any scheme, device, or artifice to mislead a student loan borrower;
(2)Engage in any unfair, abusive, or deceptive trade practice toward any person;
(3)Misrepresent information or omit any material information in connection with the servicing of a student education loan, including:
(i)Any fee owed by a student loan borrower;
(ii)Any payment due by a student loan borrower;
(iii)The appropriateness or availability of a student loan borrower’s repayment options;
(iv)The terms and conditions of the student education loan; and
(v)The student loan borrower’s obligations under the student education loan;
(4)Obtain property by misrepresentation of fact or omission of material fact;
(5)On or after February 1, 2020, allocate a nonconforming payment in a manner other than as directed by the student loan borrower if, in writing or electronically, the student loan borrower:
(i)Makes a one–time direction for the allocation of future payments;
(ii)Directs an allocation of a payment at the time the payment is made;
(iii)Directs an allocation in response to an inquiry by the student loan servicer; or
(iv)Changes an existing direction for the allocation of future payments;
(6)Knowingly or recklessly misapply, or refuse to correct a misapplication of a payment from a student loan borrower;
(7)Knowingly or recklessly provide inaccurate information to a consumer reporting agency, or refuse to correct inaccurate information provided to a consumer reporting agency;
(8)If a student loan servicer regularly reports information to a consumer reporting agency, fail to report the favorable history of a student loan borrower to a nationally recognized consumer reporting agency at least once a year;
(9)Subject to subsection
(b)of this section, refuse to communicate with an authorized representative of a student loan borrower who provides a written authorization signed by the student loan borrower;
(10)Negligently make a false statement or omit a material fact in connection with any information report filed with, or any investigation conducted by, a state or local government agency; or
(11)Violate any federal law concerning student education loan servicing.
(b)A student loan servicer may adopt procedures to verify that an authorized representative of a student loan borrower is, in fact, authorized to act on behalf of the student loan borrower.
(1)A student loan servicer shall acknowledge receipt of a written inquiry or complaint from a student loan borrower or the authorized representative of a student loan borrower within 10 days after receiving the inquiry or complaint.
(2)Unless a response to the written inquiry is included in the acknowledgment required under paragraph
(1)of this subsection, a student loan servicer shall provide information responding to a written inquiry or complaint received under paragraph
(1)of this subsection within 30 days after receiving the inquiry or complaint.
(3)If a written inquiry or complaint received under paragraph
(1)of this subsection relates to a student loan borrower’s account balance, the information provided under paragraph
(2)of this subsection shall:
(i)State that the student loan servicer has corrected the account balance; or
(ii)Explain why the student loan servicer believes that the student loan borrower’s account is correct.
(d)If a student loan borrower requests a document concerning the account of the student loan borrower that is in the possession or control of a student loan servicer, the student loan servicer shall provide the document within 30 days after receiving the request.