Showing posts with label for-profit colleges. Show all posts
Showing posts with label for-profit colleges. Show all posts

Wednesday, October 4, 2017

Betsy DeVos sabotages Obama's borrower-defense rule for processing student borrowers' fraud claims: She fears students will get "free money"

The collapse of Corinthian Colleges and ITT Tech shined a light on the seedy for-profit college industry.  Both for-profit college companies filed for bankruptcy under a cloud of accusations of fraud and misrepresentation.

Together, Corinthian and ITT Tech had more than half a million former students. Thousands of them filed so-called "borrower defense" claims, petitioning the Department of Education to forgive their student loans because they were defrauded by the institutions they attended. About 65,000 borrower-defense claims are now pending.

What to do? The Obama Administration prepared borrower-defense regulations that were scheduled to take effect on July 1, 2017; but Secretary of Education Betsy DeVos blocked their implementation, saying the rules would be rewritten through the "negotiated rule making" process. DeVos' decision will allow the for-profit industry a voice in reshaping the rules to their liking.

Why did DeVos block the Obama-era regulations? She said the regulations drafted by the Obama administration would allow students to get "free money" by having their loans forgiven.  In other words, DeVos apparently assumes students who file fraud victims are themselves engaging in fraud by seeking debt relief.

This latest caper from DeVos' Department of Education tells us all we need to know about President Trump's least qualified cabinet appointee . Time and time again, DeVos has made decisions to benefit the for-profit colleges at the expense of students; and she has hired consultants who have worked in that sleazy industry.

Millions of people have borrowed money to attend overly expensive for-profit colleges only to receive educational experiences that are virtually worthless. Some were defrauded, some obtained degrees that did not lead to good jobs, and some just paid too much for substandard postsecondary programs. Unless these people obtain relief from their student-loan debt, they will never get on their feet financially.

The Obama administration's borrower-defense regulations were drafted to determine which for-profit students are fraud victims entitled to student-loan debt relief. In my mind, however, it is impossible to efficiently decide on a case-by-case basis which student borrowers are entitled to debt relief due to fraud. That would require hundreds of thousands of individual due-process hearings.

No, the only way to give worthy student-loan debtors a fresh start is through bankruptcy. Congress must amend the Bankruptcy Code to treat student loans like any other consumer debt.

If insolvent student-loan debtors were given reasonable access to bankruptcy, millions of cases would be filed and at least half a trillion dollars in debt would be wiped out.

A half trillion dollars in student-loan debt relief would be a big hit to the U.S. treasury, but let's face it. Millions of student loans will never be paid back. It would be far better for the overall national economy if student borrowers were given a fresh start rather than be forced into 20- and 25-year repayment plans in which borrowers make token monthly payments that don't even cover accruing interest.

DeVos either doesn't understand the magnitude of the student-loan debt crisis or she doesn't  care. Either way, she is a disaster who needs to be cashiered.

Betsy DeVos: Having a good laugh at college students' expense

References

James Briggs. Former ITT Tech students got promise of help, then silence. USA Today, May 22, 2017.

Corinthian Colleges Students Eligible For Loan Discharge. National Bankruptcy Forum, June 22, 2017.

Andrew Kreighbaum. Devos: Borrower-Defense Rule Offered 'Free Money'. Inside Higher ED, September 26, 2017.

Chad Miller.  Understanding 'Borrower Defense to Repayment": A New Yellow Brick Road to Federal Student Loan Forgiveness. American Action Forum, November 1, 2016.

Michael Stratford. More Debt Relief for Corinthian Students. Inside Higher Ed, March 28, 2016.

Tuesday, May 9, 2017

The Opioid Epidemic and The Student Loan Crisis: Is there a link?

James Howard Kunstler wrote one of his best essays recently about America's opioid epidemic, and he began with this observation:
 While the news waves groan with stories about "America's Opioid Epidemic," you may discern that there is little effort to actually understand what's behind it, namely the fact that life in the United States has become unspeakably depressing, empty, and purposeless for a large class of citizens.
Kunstler went on to describe life in small towns and rural America: the empty store fronts, abandoned houses, neglected fields, and "the parasitical national chain stores like tumors at the edge of every town."

Kunstler also commented on people's physical appearance in backwater America: "prematurely old, fattened and sickened by bad food made to look and taste irresistible to con those sick in despair." And he described how many people living in the forgotten America spend their time: "trash television, addictive computer games, and their own family melodramas concocted to give some narrative meaning to lives otherwise bereft of event or effort."

There are no jobs in flyover America. No wonder opioid addiction has become epidemic in the old American heartland. No wonder death rates are going up for working-class white Americans--spiked by suicide, alcohol and drug addiction.

I myself come from the desperate heartland Kunstler described. Anadarko, Oklahoma, county seat of Caddo County, made the news awhile back due to four youth suicides in quick succession--all accomplished with guns. Caddo County, shaped liked the state of Utah, can easily be spotted on the New York Times map showing where drug deaths are highest in the United States. Appalachia, eastern Oklahoma, the upper Rio Grande Valley, and yes--Caddo County have the nation's highest death rates caused by drugs.

Why? Kunstler puts his finger on it: "These are the people who have suffered their economic and social roles in life to be stolen from them. They do not work at things that matter.They have no prospect for a better life . . . ."

Now here is the point I wish to make. These Americans, who now live in despair, once hoped for a better life. There was a spark of buoyancy and optimism in these people when they were young. They believed then--and were incessantly encouraged to believe--that education would improve their economic situation. If they just obtained a degree from an overpriced, dodgy for-profit college or a technical certificate from a mediocre trade school, or maybe a bachelor's degree from the obscure liberal arts college down the road--they would spring into the middle class.

Postsecondary education, these pathetic fools believed, would deliver them into ranch-style homes, perhaps with a swimming pool in the backyard; into better automobiles, into intact and healthy families that would put their children into good schools.

And so these suckers took out student loans to pay for bogus educational experiences, often not knowing the interest rate on the money they borrowed or the payment terms. Without realizing it, they signed covenants not to sue--covenants written in type so small and expressed in language so obscure they did not realize they were signing away their right to sue for fraud even as they were being defrauded.

And a great many people who embarked on these quixotic educational adventures did not finish the educational programs they started, or they finished them and found the degrees or certificates they acquired did not lead to good jobs. So they stopped paying on their loans and were put into default.

And then the loan collectors arrived--reptilian agencies like Educational Credit Management Corporation or Navient Solutions.  The debt collectors add interest and penalties to the amount the poor saps borrowed, and all of a sudden, they owe twice what they borrowed, or maybe three times what they borrowed. Or maybe even four times what they borrowed.

Does this scenario--repeated millions of time across America over the last 25 years--drive people to despair? Does it drive them to drug addiction, to alcoholism, to suicide?

Of course not.

And even if it does, who the hell cares?


Drug Deaths in 2014


References


James Howard Kunstler. The National Blues. Clusterfuck Nation, April 28, 2017.

Sarah Kaplan.'It has brought us to our knees': Small Okla. town reeling from suicide epidemicWashington Post, January 25, 2016.

Natalie Kitroeff. Loan Monitor is Accused of Ruthless Tactics on Student Debt. New York Times, January 1, 2014

Gina Kolata and Sarah Cohen. Drug Overdoses Propel Rise in Mortality Rates of Young Whites. New York Times, January 16, 2016.

Robert Shireman and Tariq Habash. Have Student Loan Guaranty Agencies Lost Their Way? The Century Foundation, September 29, 2016. 

Haeyoun Park and Matthew Bloch. How the Epidemic of Drug Overdose Deaths Ripples Across AmericaNew York Times, January 19, 2017.






Wednesday, February 15, 2017

"Debt and Introspection Are More Related Than You Think": Essay by Steve Rhode

This excellent essay by Steve Rhode originally appeared on the Personal Finance Syndication Network, PFSyncom.  Mr. Rhode also maintains a web site titled Get Out of Debt Guy that contains a variety of good advice and information about all manner of consumer debt problems, including student loans.  You can learn more about Steve Rodes here.

 **********

Debt and Introspection Are More Related 

Than You Think

by Steve Rhode

Steve Rhode
Why are people victims? Why are some people always the brunt of pranks, jokes, gaffes and catastrophes and others are not? Over the years of helping people with financial problems I’ve observed that many people experience not only a financial disaster event but also difficulties in other areas of their life. Is this a coincidence or are there underlying issues that cause us to sabotage our ability to achieve happiness and financial success? Are some people just victims of affairs that involve credit, debt and money? They answer is yes, but why?

There has been little study of victim profiling and when we think of someone as a victim the first thoughts that are present are those of people who have suffered a terrible misfortune beyond their control at the hands of some external event. There are people who are victims of events and situations beyond their control.

For example, people who are randomly murdered, raped, abused, injured or harmed, physically or emotionally. Take disorganized killers for example, their victims are selected because of the opportunity to carryout their act rather than because of anything unusual about the victim themselves. A disorganized killer, as categorized by a serial killer profile, may simply walk up to the next door they come to, ring the bell and kill whoever answers the door. If your time is up, it’s up.

A rape victim may just have simply been the next target of opportunity. Sometimes there is no greater explanation or rationale for their misfortune other than “wrong place, wrong time.” And while we search for a deeper or greater meaning why their life was altered in such a fundamental way by grotesque violence, sometimes life is simply random and chaotic.

Victims of financial problems present similar rationales, Sometimes they were truly disadvantaged by people who duped them.

Recently, a furniture store went out of business, there was no indication that it was in trouble. Every outward sign indicated that the company was stable. Suddenly they go out of business and furniture that previous customers ordered will not be delivered and the status of the deposits left for those orders is undetermined. These folks are truly victim of the transaction. There is no doubt that sometimes events are random and can leave you in financially deficient position. Here is an example that almost everyone has experienced where we lose 100% of our money, vending machines. Sometime they just take your money and don’t deliver the goods. Some people attempt to deliver a couple of well placed smacks and move on. We just accept that it happens sometimes because it does.

In my work helping people with financial problems I’ve observed that while some people suffer from random financial misfortune, there truly is a pattern of financial victims who are often found to repeat the same or similar financial mistakes over and over again. Rather than learn from the situation, they can be seen waving the flag of entitlement and summoning up an army of excuses for this weeks episode of financial misfortune. Can’t you picture the commercial for next weeks show? Stay tuned for up scenes from next weeks show when Bob will lose his job and not have any savings to fall back on because he blew it all on day trading last week. What will Mary say when she finds out? Tune in Tuesday at 8 PM Eastern Time.
What is striking is the number and severity of poor financial decisions some people make. It’s too frequent to just be a random happenstance.

To what degree do we hold people accountable for their individual actions? Is the recipient of misfortune ever to be responsible for their misfortune? Early victim theory in the 1940s actually labeled the person to whom misfortune befouled as a hapless person who brought it on. Since then victim theory has swung to the opposite direction and essentially anyone who is the recipient of anything negative or unexpected is to be cuddled and cajoled and not accept any responsibility for their actions. But it that realistic or healthy? Whatever happened to personal responsibility?

I’ll be honest with you. I hate personal responsibility. I don’t mind accepting responsibility for my actions and the way things turn out. Certainly, life is not always rosy and we don’t always make the best decisions but cut me some slack.

Modern American life not only does not encourage you to be personally responsible, it makes you run from it. We live in such a litigious society that I’m wondering when toilet paper manufactures are going to get sued for excessive chafing. I’m sure they have been already. Maybe toilet paper made out of sawdust wasn’t such a good idea after all gentlemen. Not that I’m bitter about it but ouch, that’s all I’ve got to say on the subject.
My office overlooks the 18th hole on a golf course. I’ve seen all sorts of unusual things on that course. I’ve seen guys playing golf in the dark, near typhoon weather, wearing shorts in sub zero weather and there is even this woman who walks down the center of the fairway from the green to the tee during lunch. For some unexplained reason she has a golf ball, throws it up in the air and smacks it with her hand. She walks to where it lands, picks it up and continues towards the tee. I keep waiting for her to get hit with an oncoming golf ball one day. In my past life, when I was in ophthalmology, I had a patient who was stuck in the eye with a tee shot. It ruptured the eye and she was blind. This is why I never look back on the golf course or in life. I’d much rather get hit in the back with a ball than lose my sight.

When the weather is dangerous, like a big electrical storm, the course blows a siren to warn golfers to get off the course. Most golfers do, some don’t. Some just continue to play so let’s take the golfer who stands with his metal club (lightning rod) pointing skyward during a tremendous electrical storm. If he is struck by lightning, is he partially to blame or is the gold course going to get sued also? Other golfers sought appropriate shelter during the storm by this one places himself in a position of danger, greatly increasing his chances of getting struck and does. Can a victim contribute to the outcome and if so do we serve the victim by simply saying, “don’t worry” or “that’s OK”?

Wouldn’t we serve the victim more by consoling them in their time of need and help them to accept responsibility for their actions which allowed them to be harmed in the first place? Hopefully, they will learn from the error of their ways and not repeat the same mistake again in the future. We do this with children, why not adults?

Financial victims often cry foul because of the actions of others. In fact, they frequently contribute to their misfortune by simply not participating in their financial lives.

For many years I worked in an office. One day in the late 1980’s I decided to pursue my dream and left. I started a real estate company, The Great Virginia Land Company. I thought it would be really cool to work outside all day long. Walking through the country, enjoying nature and making money at the same time. I bought and sold country acreage. When my real estate company was going full force I wanted to make very sure that purchasers of property from me clearly understood the contract they were about to sign which included financing. At first, I would read the contract with them, explain every detail and be available to answer any questions they had. They typically glazed over by the third paragraph. That approach wasn’t working so I made myself available as they read the contract to answer any questions they had. Nobody asked questions and just wanted to know where to sign. I even asked them questions to make sure they had read the contract. Most were put off by my inquisition. Finally, they trained me to just hand them the contract. They would look up and before they could say anything I’d say “here” and point to the signature line. They would look up again and I’d say “here” and hand them a pen.

I used to get excited when I thought someone was going to ask a question about the financing, I wanted to explain it all to them but finally I was beaten into submission by the public’s lack of caring about the contract or financing. The prevailing question was never what the total cost would be, but “what will my monthly payment be?” They didn’t want to be bothered by actually reading or understanding the damn thing. They just wanted what they perceived to be the benefit once they signed the contract.

One day I sold fourteen pieces of property at one time. There were so many people wanting to purchase property from me that I passed out blank contracts, stood on the trunk of my car and as the purchasers all gathered around, like a concert in the park, I shouted out instructions on how to fill in the blanks. “In the first blank, put today’s date.” It was insane but I could not stop the frenzied action. If I had not done it this way, it is very possible that I could have been physically injured. People would get in such a tizzy if they could not sign the contract as quickly as possible. It was frightening at times. One day two people wanted to buy the same piece of property. One person decided to buy it first and the other said they were going to kill me and he had a gun in the back window of his truck. I decided it would be a good time to leave so I calmly walked to the car, jumped in and turned the ignition. Trust me, wrrr-wrrr-wrrr is not the kind of sound you want to hear at a moment like this, the car would not start, the battery was dead and I didn’t want to be. The guy in the pickup truck pulled up and said, “I kill city boys.” To which I could only respond, “Awesome but can I get a jumpstart first?” He gave me the jumpstart and I drove away.

So what did I learn from my experience. I learned people don’t like to see snakes in the grass when they are walking through the woods and they aren’t that interested in understanding consumer transactions.
Inevitably, if a problem ever latter arose from the transaction; the perception was always that they, the purchaser, were the victim, even when the exact and specific situation was clearly spelled out in the contract that they refused to read.

The same is true for almost all consumer credit transactions. People don’t read the agreements they sign and if they do read them they will not or do not ask questions and if they even ask a question and understand the answer, the vast majority of people will sign the agreement anyway as long as they want what they get when they do sign it. So, what level of responsibility do we have to adequately prepare for our financial lives?
Legislators and lawmakers think consumers are too stupid to accept responsibility for their situation. They feel that people don’t read the agreements they sign so we need to protect people from themselves. Is that really how we want to be treated, as stupid lemings?

Recently, I spoke to Richard. I’d had the opportunity to review his credit report before we spoke so it was clear to me that Richard had experienced two episodes of financial trouble in his life. The first about four years ago, the second about two years ago, but why? The debts were for unsecured credit cards, some utilities and local stores. Generally, that indicates someone moving into or out of a new area that is unprepared financially for the event. Clearly Richard’s credit report reflected an episodic history of financial trauma. After talking with Richard I learned that about four years ago he had relocated from Illinois to Iowa. He left behind some unpaid bills and had increased his debt load through the move to a point where he could not repay his bills. Once Richard found a job in Iowa he was able to stabilize his finances and repay most of his debts, he still had some old, very small debts outstanding. He also had some utility bills that were unpaid from his stay in Illinois. Richard said he forgot to change his address so the old bills did not follow him to his new address. In spite of Richards’s inability to notify his creditors, he feels it is unfair that they are hounding him and sent him to collections.

Richard said that he learned his lesson from that move and said he believed he would prepare better next time he relocated. Guess what, Richard did the exact same thing two years latter. He up and moves to California without prior planning. He leaves behind a wake of unpaid obligations and is again unable to find suitable employment in the area he has relocated to. Richard moves back to Iowa. Now, the first time Richard made the mistake of impulsively up and moving, you might say he was young, a few years out of college, and inexperienced in the ways of the world. How can we rationalize making the exact same financial mistakes again? Richard clearly knew what the results of his actions would be. He had lived through them once but yet he did not learn from his mistake and repeated it.
When I spoke to Richard he was clearly angry at his creditors for not being more reasonable when he fell behind on his bills. He was angry and belligerent and felt they should be more understanding.
When Richard moved from Iowa to California, he did not make any prior effort to find employment before he left. He just moved. When Richard arrives in California he is unable to find jobs that pay him even half of what was making before in Iowa. Big surprise. Bet you didn’t see that one coming did you? Now, not only does Richard have to pay for the cost of his move and getting started in a new area, he also has previous obligations he had not yet satisfied.

Soon Richard becomes dissatisfied with California, gives up and decides to move back to Iowa. During the course of his move out and back Richard accumulates approximately 25 thousand dollars of debt on credit cards. He financed his move with credit since he did not have any available cash. He stated “I had to use the cards to live on.” Again, Richard leaves and does not notify his creditors where he is going. Again, Richard ends up on the other end of a collection telephone calls and is sought after for unpaid bills. Is Richard really a victim of his creditors?
Richard has a responsible job but yet cannot exhibit responsible behavior in other parts of his life. Sadly, Richard will probably live through another couple of similar events until his financial situation becomes so fucked up that he files bankruptcy (aka financial cleansing) and possibly begins his cycle of debt over again.
I’ve even had one client who had 78 unsecured credit card accounts totaling a million dollars of outstanding credit card debt. This does not include his other outstanding indebtedness. Is he a financial victim or a credit predator? At what point does a reasonable person stop applying for additional credit?

Consider the following story from Carla who contacted me recently. “My car was repossessed on the 31st of January, on Monday I spoke with the bill collector from the car lender, I informed him of my job, the location, everything down to what I did. He demanded that I Western Union him $126 to him within the hour, even though I told him I get paid on the 1st of Feb. (which was only 5 days from that point) he told me this before just as I have twice promised a payment by Western Union and did not comply. I understand that the bank must repossess the car and I’ve heard horror stories of individuals losing personal items kept in the car at the time of repossession. To the repo man himself or whomever else may like that “pink sweater” for their neighbor. I had piles of clothes in my backseat, a satchel, a stethoscope, a sweater of the utmost sentimental value, a gun, college books, and a CD player that I’m sure they plan on selling to make the money while the factory stereo is in the trunk. (also a gift from a friend.) I will be 21 years old this month and am already in a bad situation, forced to live with a man twice my age, which in the beginning was and I suppose still is by my choice. I recently got a job and had thought things were beginning to look up for me, now I don’t even know where my car is, which impound lot or where I mail payments to? My makeup bag was also in there with around $200.00 worth of makeup not to mention documentation and things of that nature I had in a backpack.”

As an impartial third party, you’ve have to marvel at the dysfunction in this persons financial life. I think the most startling statement is the admission of previous failed promises to pay. Can you really be surprised that the collector ordered the repossession of the vehicle after Carla clearly had make promises to pay and then did not honor them. Several other facts in her email are telling also.

Broken promises are going to come back to bite you in this situation. Did she not understand that when she made payment arrangements with the creditor and failed to meet them that it had a higher probability of not turning out well?

She kept personal items in the car in spite of knowing that a number of payments had been missed and repossession was a definite possibility and imminent.

She keeps a gun in the car. Is she feeling vulnerable and unprotected?

Carla mentions living with a man twice her age and that in the beginning it was her choice. Is she a victim of her relationship? It truly sounds like a relationship of convenience. Carla seems to indicate that she is a victim of the relationship since she is “forced” to live with him. She has created a situation where she has no other place to go so she lives with someone she does not care for simply because he took her in. She admits it was and is her choice to be there, so is she forced?

She got a job and thought things were beginning to look up. This is irrational optimism when it comes to the vehicle situation. Things will only look up when either the missed payments are brought current or an agreed repayment plan is in place. Just because she secures employment she feels the lender should back off. A good example of fantasy thinking.

Carla appears to be helpless in the situation. Does not know where to send payments and has not thought to contact the lender to ask.

She has also been damaged by the loss of stuff in the car. How about the damage caused to the lender by the loss of payments not received? This is not a consideration or point of view of Carla’s.

People commonly refer to “being forced” to do things in their financial lives. Certainly “being forced” is an example of victim thinking. “I was forced to hand him the money.” Generally, people who are forced are not operating under their free will and are under duress.




 

Tuesday, February 14, 2017

Has higher education become a criminal enterprise? "It's a cheating situation"

 I am not a doomsayer or a survivalist, and I try to stay away from apocalyptic bloggers. But James Howard Kunstler, whose blog site goes by the name of Clusterfuck Nation, is making persuasive arguments that our postmodern economy, hopped up on cheap energy and enormous debt levels, is unsustainable. In fact, he predicts an economic  meltdown sometime this spring.

Kunstler's focus is on broader economic issues than student loans, but he made a trenchant observation about higher education in his latest blog essay, which struck a nerve with me.  Pervasive accounting fraud in the national economy, Kunstler writes,"bleeds a criminal ethic into formerly legitimate enterprises like medicine and higher education, which become mere rackets, extracting maximum profits while skimping on delivery of the goods."

And of course Kunstler is right. The Department of Education shovels $150 billion a year in federal student aid to prop up the higher education industry, which is becoming nothing more than a racket. Higher education apologists stress the value of a college education, but 45 percent of recent college graduates are in jobs that do not require a college degree. 

No wonder 8 million college borrowers are in default and millions more are not paying down their student loans.  DOE knows the score but it continues to deceptively downplay the student-loan default rate, stuffing debtors into economic hardship deferments and income-driven repayment plans that hide the fact that a large percentage of student borrowers will never be free of their loans. 

Meanwhile, the for-profit college sector, which might fairly be labeled a criminal culture, rips off poor and minority Americans and gives them educational credentials that are damned near worthless. Now they are beginning to shut down and go bankrupt, leaving their former students with mountains of debt. 

The public universities, bloated and lazy, limp along by raising student tuition as state subsidies dry up.  Public university leaders are motivated solely by politics, terrified by the possibility they might inadvertently do or say something politically incorrect.

State higher education leaders refuse to reorganize public colleges to be more efficient. In my own state of Louisiana, we have regional public colleges with declining enrollment in every corner of the state, but no one has the political courage to close any of them. Many Southern states support historic black colleges at public expense, although there is absolutely no need for university systems that cater to only one race. Louisiana even has a black law school, which operates in a substandard way just a few miles away from the state's flagship school of law. 

As for the nonprofit public institutions, they now fall into two camps. The ultra elite institutions--Harvard, Yale, Stanford, etc.--have brand names so strong they can charge what ever tuition rate they want. They also have fat endowments that insulate them from economic forces. 

On the other hand, small, obscure liberal arts colleges are under severe financial stress, and quite a few will close within the next five years. Parents are refusing to pay $50,000 a year for their offspring to attended a nondescript private school.  The little colleges have been forced to offer huge discounts--approaching 50 percent--to lure new students through the door. 

In short, every sector of higher education has been living in a fools paradise, but the data are now coming in, and they are alarming.

Nearly half the people who took out student loans to attend for-profit colleges default within five years. Millions of college borrowers whose loans are in repayment are seeing their student-loan balances grow larger, not smaller, due to negative amortization. Their token monthly payments keep borrowers out of default but are so small they don't cover accruing interest.

Nationwide, more than half of student borrowers owe more than they borrowed just two years into repayment. And, as the Wall Street Journal reported just a few weeks ago, half the students who took out student loans to attend more than 1000 schools and colleges have not paid down even one dollar on their loans seven years after their repayment obligations kicked in.

Kunstler is right. Evasiveness, almost criminal in its proportions, pervades almost every sector of higher education. As a classic country-and western-song might put it, "there's no use in pretending there'll be  a happy ending." Colleges and universities are in a cheating situation, refusing to recognize that the golden age of American higher education is coming to an end.



References

Andrea Fuller. Student Debt Payback Far Worse Than BelievedWall Street Journal, January 18, 2020.

James Howard Kunstler. Made for Each Other. Clusterfuck Nation, February 13, 2017.

Adam Looney & Constantine Yannelis, A crisis in student loans? How changes in the characteristics of borrowers and in the institutions they attended contributed to rising default ratesWashington, DC: Brookings Institution (2015).

Thursday, November 10, 2016

The student loan crisis and the first 100 days: Please, President Trump, provide bankruptcy relief for distressed student-loan debtors

Hillary Clinton lost the presidential election, and we can throw her promise of a tuition-free college education in the ashcan. Meanwhile, the student loan crisis grows worse with each passing month.

Eleven million people have either defaulted on their loans or are delinquent in their payments. More than 5 million student-loan debtors are in long-term income based repayment plans that will never lead to loan payoffs.Several million student borrowers have loans in deferment or forbearance while interest continues to accrue on their loan balances.

Soon we will have a new president, and an exciting opportunity to look at the federal student loan program from a fresh perspective. What can President Trump do to bring relief to distressed college-loan debtors. Here are some ideas--respectfully submitted:

FIRST, TREAT THE WOUNDED.

President Trump can do several things quickly to alleviate the suffering.

Stop garnishing Social Security checks of loan defaulters. More than 150,000 elderly student-loan defaulters are seeing their Social Security checks garnished. President Trump could stop that practice on a dime. Admittedly, this would be a very small gesture; the number of garnishees is minuscule compared to the 43 million people who have outstanding student loans. But this symbolic act would signal that our government is not heartless.

Streamline the loan-forgiveness process for people who were defrauded by the for-profit colleges. DOE already has a procedure in place for forgiving student loans taken out by people who were defrauded by a for-profit college, but the administrative process is slow and cumbersome. For example, Corinthian Colleges and ITT both filed for bankruptcy, and many of their former students have valid fraud claims. So far, few of these victims have obtained relief from the Department of Education.

Why not simply forgive the student loans of everyone who took out a federal loan to attend these two institutions and others that closed while under investigation for fraudulent practices?

Force for-profit colleges to delete mandatory arbitration clauses from student enrollment documents. The Obama administration criticized mandatory arbitration clauses, but it didn't eliminate them. President Trump could sign an Executive Order banning all for-profit colleges from putting mandatory arbitration clauses in their student-enrollment documents.

Banning mandatory arbitration clauses would allow fraud victims to sue for-profit colleges and to bring class action suits. And by taking this step, President Trump would only be implementing a policy that President Obama endorsed but didn't get around to implementing.

Abolish unfair penalties and fees. Student borrowers who default on their loans are assessed enormous penalties by the debt collectors--18 percent and even more. President Trump's Department of Education could ban that practice or at least reduce the penalties to a more reasonable amount.

PLEASE PROVIDE REASONABLE BANKRUPTCY RELIEF FOR DISTRESSED STUDENT-LOAN DEBTORS.

The reforms I outlined are minor, although they could be implemented quickly through executive orders or the regulatory process. But the most important reform--reasonable access to the bankruptcy courts--will require a change in the Bankruptcy Code.

Please, President Trump, prevail on Congress to abolish 11 U.S.C. 523(a)(8) from the Bankruptcy Code--the provision that requires student-loan debtors to show undue hardship as a condition for discharging student loans in bankruptcy.

Millions of people borrowed too much money to get a college education, and they can't pay it back. Some were defrauded by for-profit colleges, some chose the wrong academic major, some did not complete their studies, and some paid far too much to get a liberal arts degree from an elite private college. More than a few fell off the economic ladder due to divorce or illness, including mental illness.

Regardless of the reason, most people took out student loans in good faith and millions of people can't pay them back. Surely a fair and humane justice system should allow these distressed debtors  reasonable access to the bankruptcy courts.

President Trump can address this problem in two ways:

  • First, the President could direct the Department of Education and the loan guaranty agencies (the debt collectors) not to oppose bankruptcy relief for honest but unfortunate debtors--and that's most of the people who took out student loans and can't repay them.
  • Second, the President could encourage Congress to repeal the "undue hardship" provision from the Bankruptcy Code.
Critics will say that bankruptcy relief gives deadbeat debtors a free ride, but in fact, most people who defaulted on their loans have suffered enough.from the penalties that have rained down on their heads.

More importantly, our nation's heartless attitude about student-loan default has discouraged millions of Americans and helped drive them out of the economy. President Trump has promised middle-class and working-class Americans an opportunity for a fresh start. Let's make sure that overburdened student-loan debtors get a fresh start too.

References

Natalie Kitroeff. Loan Monitor is Accused of Ruthless Tactics on Student Debt. New York Times, January 1. 2014. Accessible at http://www.nytimes.com/2014/01/02/us/loan-monitor-is-accused-of-ruthless-tactics-on-student-debt.html?_r=0

Stephen Burd. Signing Away Rights. Inside Higher Ed, December 17, 2013. Available at https://www.insidehighered.com/views/2013/12/17/essay-questions-mandatory-arbitration-clauses-students-profit-higher-education

Andrew Kreighbaum, Warren: Education Dept. Failing Corinthian StudentsInside Higher Ed, September 30, 2016. Accessible at https://www.insidehighered.com/quicktakes/2016/09/30/warren-education-dept-failing-corinthian-students

Senator Elizabeth Warren to Secretary of Education John B. King, Jr., letter dated September 29, 2016. Accessible at https://www.warren.senate.gov/files/documents/2016-9-29_Letter_to_ED_re_Corinthian_data.pdf

Ashley A. Smith. U.S. Urged to Deny Aid to For-Profits That Force Arbitration. Inside Higher Ed, February 24, 2016. Available at: https://www.insidehighered.com/quicktakes/2016/02/24/us-urged-deny-aid-profits-force-arbitration?utm_source=Inside+Higher+Ed&utm_campaign=183bc9e3a3-DNU20160224&utm_medium=email&utm_term=0_1fcbc04421-183bc9e3a3-198565653

U.S. Department of Education. U.S. Department of Education Takes Further Steps to Protect Students from Predatory Higher Education Institutions. March 11, 2016. Accessible at http://www.ed.gov/news/press-releases/us-department-education-takes-further-steps-protect-students-predatory-higher-education-institutions?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

U.S. General Accounting Office. Older Americans: Inability to Repay Student Loans May Affect Financial Security of a Small Percentage of Borrowers. GAO-14-866T. Washington, DC: General Accounting Office. http://www.gao.gov/products/GAO-14-866T

Tuesday, October 11, 2016

The Department of Education strips ACICS of accrediting authority: It's time to pull the plug on the rapacious for-profit college industry

Turn out the lights
The party's over
They say that
All good things must end

Willy Nelson
Turn Out the Lights

Last month, the Department of Education stripped the Accrediting Council for Independent Colleges and Schools (ACICS) of its accrediting authority--basically signing ACICS's death certificate. ACICS will appeal of course, and there may be litigation; but for now at least ACICS is essentially out of business.

ACICS accredited 245 post-secondary institutions, mostly for-profit colleges.  These institutions are scrambling to find a new accrediting agency, which is a life-or-death issue for them. DOE requires colleges to be accredited by  a government-approved accrediting agency in order to receive federal student aid money.  Without regular infusions of federal cash, none of these colleges would last a month.

According to Inside Higher Ed, more than 100 colleges that were accredited by ACICS have applied for accreditation with another accrediting body--the Accrediting Commission of Career Schools and Colleges (ACCSC).  ACCSC also accredits for-profit colleges (more than 300), and many for-profits will probably find a new accrediting home with this agency.

But, as Willy Nelson once observed, when the party's over, someone should turn out the lights. And the party is about over for the rapacious for-profit college industry.  

Corinthian Colleges and ITT have filed for bankruptcy, leaving thousands of students in the lurch. As state and federal regulatory agencies step up the pressure on the predatory for-profit college industry, more for-profit schools will close. DOE has more than 250 proprietary schools on its "Heightened Cash Monitoring" watch list,an indication that the financial viability of this industry is shaky.  Publicly traded for-profits have seen their stock prices plummet as investors bolt for the exits.

Shutting down the for-profit colleges will be messy. The for-profits have been incredibly litigious, and they will certainly sue to protect their interests. But with each passing day, more unsuspecting and unsophisticated young people takes out student loans to attend  for-profit colleges; and many of them never recoup their investments. Indeed almost half of the people who take out federal student loans to attend a for-profit college default within five years of beginning repayment.

It is going to be ugly, and its going to be complicated. But the time has come to turn out the lights on the for-profit college industry, which has harmed so many innocent and unsuspecting American young people.

References

Scott Jaschik. Slight Drop in Colleges in Heightened Cash MonitoringInside Higher Education, July 25, 2016. Accessible at https://www.insidehighered.com/quicktakes/2016/07/25/slight-drop-colleges-heightened-cash-monitoring?utm_source=Inside+Higher+Ed&utm_campaign=8991789a59-DNU20160725&utm_medium=email&utm_term=0_1fcbc04421-8991789a59-198564813

Paul Fain, Hundreds of colleges, many for-profits, seek a new accreditor. Inside Higher Ed, October 6, 2016. Accessible at https://www.insidehighered.com/news/2016/10/06/hundreds-colleges-many-profits-seek-new-accreditor

Adam Looney & Constantine Yanellis.  A Crisis in student loans? Brookings Institution, September 10, 2015. Accessible at: http://www.brookings.edu/~/media/projects/bpea/fall-2015_embargoed/conferencedraft_looneyyannelis_studentloandefaults.pdf










Monday, August 29, 2016

20-year Income-Based Repayment Plans for Student-Loan Debtors: A Return to Feudalism

Paul Craig Roberts wrote a chilling essay a couple of months ago in which he argued that Greece is being looted by its corporate creditors. According to Roberts, the banks don't want Greece to pay off its debts because the banks ultimately intend to strip Greece of its national assets, including its ports and nationally protected islands.

Here is the core of Roberts' argument:
The banks don't want Greece to be able to service its debt, because the banks intend to use Greece's inability to service the debt in order to loot Greece of its assets and resources and in order to roll back the social safety net put in place during the 20th century. Neoliberalism intends to reestablish feudalism . . . . The way Germany sees it, the [International Monetary Fund] is supposed to lend Greece the money with which to repay the private German banks. Then the IMF is to be repaid by forcing Greece to reduce or abolish old age pensions, reduce public services and employment, and use the revenues saved to repay the IMF. As these amounts will be insufficient, additional austerity measures are imposed that require Greece to sell its national assets, such as public water companies and ports and protected Greek islands to foreign investors, principally the banks themselves or their major clients. (emphasis supplied)

In essence, Roberts is predicting that Greece will eventually cease to be a sovereign nation; it will become a feudal serfdom controlled by private investors--principally German banks.

Something similar is occurring in American higher education. Private investors are operating for-profit colleges for the purpose of looting American taxpayers, who provide the federal student loan money that naive students use to pay the colleges' outlandish tuition prices. Almost half the students who take out student loans to attend for-profit colleges default within five years, but the for-profit colleges doesn't care. They got their money upfront.

How does this equate to feudalism? The Obama administration knows that student-loan default rates are shockingly high, but it is covering up this problem by forcing students into long-term income-based repayment plans--plans that require former students to pay a percentage of their income to the government for 20, 25, or even 30 years. In a very real sense, these long-term debtors have become feudal serfs, indebted for almost their entire working lives for the privilege of attending a shitty for-profit college. (Perhaps I should have used a different word than shitty--just can't think of one right now.)

And it's not just the for-profit college owners who benefit from this scam. The public colleges and the not-for-profit private colleges are collecting their share of the loot--jacking up tuition prices, knowing that students will simply borrow more and more money to pay their escalating tuition bills.

In fact, college presidents have become the 21st century equivalents of feudal lords--living in palatial presidential homes, flying around the world in private jets to hob nob with donors, and collecting unseemly salaries, while low-paid adjuncts teach the classes much like the serfs of the middle ages.

So, student-loan debtors, you aren't the only ones being raped by the transnational financial oligarchs. The Greek people are your companions in misery.



References

Adam Looney & Constantine Yannelis, A crisis in student loans? How changes in the characteristics of borrowers and in the institutions they attended contributed to rising default ratesWashington, DC: Brookings Institution (2015). Accessible at: http://www.brookings.edu/about/projects/bpea/papers/2015/looney-yannelis-student-loan-defaults

Paul Craig Robert. We Have Entered the Looting Stage of Capitalism. Infowars, May 27, 2016. Accessible at http://www.infowars.com/we-have-entered-the-looting-stage-of-capitalism/

Saturday, July 30, 2016

Consumer Reports' article on student loan debt: A missed opportunity to give students some clear warnings

Consumer Reports' August issue ran a cover story on student loans, which led with this arresting quote: "I Kind of Ruined My Life By Going to College." An inside article profiled several students who were struggling to pay back enormous student loan debt.
  • For example, Jackie Krowen borrowed $128,000 to attend three colleges. She now owes $152,000 and is making loan payments of $1200 a month.  She told Consumer Reports she didn't understand how much interest could accrue when she took out her loans.
  • Jessie Suren borrowed $72,000 to attend a private Catholic school. She now owes $90,000 and makes payments of $900 a month. She works at a sales job that pays $39,000 a year. Here entire income comes from commissions.
  • Saul Newton borrowed $10,000 to attend University of Wisconsin at Stevens Point. He dropped out to join the Army and now owes $23,000. He works as a veterans' activist making $28,800 a year.
 The Consumer Reports article pointed out hat 45 percent of people surveyed said that their college experience was not worth the cost, and 47 percent said if they had it to do over again they would have attended a cheaper school and incurred less student-loan debt.

Anyone making college plans should read the Consumers Reports story. Nevertheless, the article missed an opportunity to give potential students several dire warnings:

1) First, do not attend a for-profit college. The research shows that for-profit colleges charge more for their programs than public institutions, that their student-loan default rates are shockingly high, and that a high percentage of their students don't complete their programs. Students should find a public-college alternative to a for-profit college education. I don't think there are any exceptions to this rule.

2) Never allow a parent or loved one to co-sign a loan. Parents who co-sign student loans for their children are on the hook to pay those loans back, and it is as difficult for a co-signer to discharge a student loan in bankruptcy as it is for the primary borrower. If your college plans depends on getting a loved one to co-sign your student loans, then you need a different plan.

3) Don't take out a student loan from a private lender. Private loans generally have higher interest rates than federal loans, and private loans don't have alternative payment plans if a borrower gets in financial trouble and can't make monthly loan payments. Again, if your college plan requires you to take out a private loan, you need to make another plan.

4) Don't borrow a lot of money to obtain a liberal arts degree from a high-priced elite college. People foolishly think a degree from a prestigious university will pay off, no matter what major they choose. That is not true. A person who borrows $100,000 to get a religious studies degree from NYU will regret it.

5) Don't borrow money to get an MBA or law degree from a mediocre school, particularly if you know you are not going to graduate in the top of your class. Anyone contemplating law school should read Paul Campos' book titled Don't Go to Law School(Unless). Campos strongly warns against borrowing money to attend a second- or third-tier law school. It just doesn't make economic sense given the dismal job market for lawyers, particularly if you don't graduate in the top of your class. In my opinion, the same advice holds for MBA programs. Borrowing a lot of money to get an MBA from a nondescript university is unlikely to pay off financially.

In his book, Paul Campos also warned against the "Special Snowflake Syndrome"--the irrational belief that you can beat the odds. For example, you may think you will study especially hard and graduate in the top 10 percent of your class. But Campos points out that 90 percent of law students don't graduate in the top 10 percent of their class.

Alternatively, you may think you are a special person with great interpersonal skills and that you will do well in a law career even if you graduate at the bottom of your class from a mediocre law school. But statistics don't lie; most  people who borrow $150,000 to attend Nowhereville School of Law aren't going to earn a salary that will make that investment pay off.

Campos' advice for prospective law students applies to everyone going to college. Do your research and make an informed decision about where to go to school and what to study. Don't assume the world will be your oyster simply because you have a bachelor's degree in multiculturalism from a hot-shot Eastern college.

In summary, you should read the recent Consumer Reports story if you are making plans to go to college. But you should also heed the warnings in this blog. Millions of people made bad decisions about financing their college educations. Five million are now in long-term income-based repayment plans that stretch their monthly loan payments out for 20 and even 25 years.

You want to improve your life by going to college; you don't want to wind up as a sharecropper--paying a percentage of your income to the government for the majority of your working life just because you made some bad financial decisions when you were a college freshman.

References

Paul Campos. (2012). Don't Go to College (Unless). Lexington, KY). 

Lives on Hold. Consumer Reports, August 2016, 29-39. Accessible at http://www.consumerreports.org/student-loan-debt-crisis/lives-on-hold/




Monday, July 25, 2016

The Department of Education has 517 colleges on its"Heightened Cash Monitoring" list due to perceived risks to students and taxpayers: Is your college on the list?

The Department of Education recently released its updated list of colleges that are targeted for "heightened cash monitoring" due DOE concerns about risks these colleges pose to students or taxpayers.  The latest list names 517 colleges, slightly down from the 528 colleges that were on the list in March of 2015. Colleges on the list get more intense federal oversight than other schools.

How does a college get on this list? There are a variety of reasons, including accrediting problems, audit concerns and "financial responsibility," an umbrella term DOE uses to  cover a range of financial issues.

Not surprisingly, a majority of the colleges on the list are proprietary schools, including such esteemed institutions as Toni & Guy Hairdressing Academy and Educators of Beauty College of Cosmetology. But there were 81 public institutions on the "heightened cash monitoring" list, including regional colleges like University of North Alabama and Southwest Minnesota State University.

And DOE flagged no fewer than 40 foreign institutions for heightened cash monitoring, including Hebrew University in Jerusalem, London International Film School, and Pentecostal Theological Seminary in London.  A couple of Polish medical schools also made the list: Medical University of Gdansk and the Medical University of Silesia.

Quite a few nonprofit liberal arts colleges are on DOE's heightened cash monitoring list, including several schools with religious affiliations. It is difficult to tell how many private colleges have religious ties because a college's name may not give it away. Kuyper College in Grand Rapids, Michigan, for example, describes itself as a "minister focused Christian leadership college," but you have to go to the college's web site to find that out.

In fact, of the 32 colleges listed on the first page of DOE's print out of schools under heightened cash monitoring, 13 had some sort of religious tie or heritage, including Kentucky Wesleyan College, St. Catharine College, Eastern Nazarene College, and MacMurray College in Illinois, which was founded, according to its web site, by "devout and erudite Methodist clergymen."

Of course not all 517 colleges marked for enhanced cash monitoring will close. Most of the regional state universities on the list will probably muddle along indefinitely, propped up by state revenues.

But I think a lot of the schools on DOE's list will close. St. Catharine College is in receivership right now.

And what is the future of Shimer College in Chicago, which was recently ranked as one of the worst colleges in America and has only about 100 undergraduates? Shimer was founded in 1853 as Mount Carroll Seminary. Over time, the school evolved to become what it is today, a college that exists on two floors of a rented building and has no clubs or student societies. In 2012 it was ranked the second smallest college in America, after Alaska Bible College.

Of course, Shimer has its defenders and probably has many sterling qualities. Nevertheless, how long do you think Shimer College will last?

DOE's most recent list of colleges under "heightened cash scrutiny" should prompt us to ask several questions:

1) First, why is the federal government lending money for Americans to attend foreign colleges, including a couple of dozen foreign medical schools and several theological institutions? After all, our own country has more than 5,000 postsecondary institutions that participate in the federal student aid program, Does the government really need to finance foreign study?

2) A lot of for-profit schools are going to close in coming years.  Millions of students who attended these institutions received substandard educational experiences that did not lead to well-paying jobs.What should our government do to provide relief to the millions of people who took out loans to enroll in dodgy for-profit schools?

3) Hundreds of small liberal arts colleges are under financial stress, as evidenced by DOE's most recent "heightened cash scrutiny" list and by the escalating closure rate among these institutions. In terms of our nation's overall educational health, should we be concerned about the declining number of private liberal arts colleges, many of which are religiously affiliated?

One thing is certain. Hundreds of American postsecondary institutions, from Toni and Guy's Hairdressing Academy to Harvard, depend heavily on federal student aid money; and a great many colleges could not survive a week without regular infusions of federal funds. This has enabled colleges to hike their tuition rates and increase their annual budgets.

But the party is coming to an end. People have figured out that postsecondary education costs too much--whether it is obtained at a bottom-tier for-profit institution or an elite private liberal arts college. To fix this mess, we must do two things: We must drive down the cost of going to college, and we must provide bankruptcy relief for the millions of worthy souls who took out student loans in good faith and got very little to show for it.



Frances Wood Shimer, Courtesy of Shimer College Wiki
Francis Wood Shimer,: founder of Shimer College


References

Scott Jaschik. Slight Drop in Colleges in Heightened Cash Monitoring. Inside Higher Education, July 25, 2016. Accessible at https://www.insidehighered.com/quicktakes/2016/07/25/slight-drop-colleges-heightened-cash-monitoring?utm_source=Inside+Higher+Ed&utm_campaign=8991789a59-DNU20160725&utm_medium=email&utm_term=0_1fcbc04421-8991789a59-198564813

Ben Miller. America's Worst Colleges. Washington Monthly, September/October 2014. Accessible at http://washingtonmonthly.com/magazine/septoct-2014/americas-worst-colleges/

Jon Ronson. Shimer College; the worst school in America? The Guardian, December 6, 2014. Accessible at https://www.theguardian.com/education/2014/dec/06/shimer-college-illinois-worst-school-america

Michael Stratford, Education Department will release list of colleges found to be risking for students, taxpayers. Inside Higher Education, March 30, 2015. Accessible at https://www.insidehighered.com/news/2015/03/30/education-department-will-release-list-colleges-found-be-risky-students-taxpayers

Wednesday, July 20, 2016

A California court strikes an education provider's mandatory arbitration clause as being unconscionable: Magno v. The College Netwwork, Inc.

For years, for-profit colleges have required students to sign mandatory arbitration clauses as part of their student enrollment documents. These clauses prohibit students from suing the institutions they attended for fraud or misrepresentation. Instead, the clauses force students to arbitrate their claims in a forum that is often more favorable for the college than for the aggrieved student.

The Department of Education recently criticized this practice and is working on some regulations that will prohibit or sharply limit the ability of colleges to stick arbitration clauses in their enrollment documents. Last May, University of Phoenix  announced that it will abandon its practice of requiring students to sign arbitration agreements.

Magno v. The College Network, Inc.

Last month, a California appellate court invalidated the arbitration clause in a purchase agreement offered by The College Network, Inc., an education provider based in Indiana but operating in California.  Entitled Magno v. The College Network, Inc., the decision strikes a strong blow against a practice that has sharply limited the ability of college students to sue their for-profit colleges when they are hoodwinked by aggressive and misleading college recruiters.

Here are the facts of the case as outlined by the California Court of Appeals for the Fourth Appellate District:

Bernadette Magno, Rosanna Garcia, and Sheree Rudio were Licensed Vocational Nurses (LVNs) in California who sought to become Registered Nurses. A recruiting representative for The College Network Incorporated (TCN) encouraged the three to enroll in TCN's partnership with Indiana State University (ISU) and California State University (CSU). The recruiter told them they could complete much of the necessary coursework for a B.S. degree in Nursing through ISU's distance-learning program and complete their clinical training with CSU.

Magno and her companions signed up for the program, but they found out later that ISU had suspended its LVN to B.S. nursing program. They sued TCN in a California court for violation of California consumer-protection laws. They alleged that TCN concealed important information and falsely represented that enrolling in the TCN program would qualify them to enter ISU's nursing program.

TCN responded to the suit by asking a California trial court to compel the plaintiffs to arbitrate their claims in accordance with an arbitration clause in the purchase agreement each of them had signed. That agreement required Magno and her co-plaintiffs to arbitrate their claims in Indiana before an arbitrator chosen by TCN.

Fortunately, the trial court denied TCN's request, and the trial court's decision was upheld on appeal. The appellate court acknowledged that arbitration clauses are generally favored as a way to settle disputes.  Nevertheless, arbitration agreements will be struck down if they were both procedurally and substantively unconscionable.

The arbitration clause was procedurally unconscionable

As the court explained, an arbitration agreement is procedurally unconscionable if the weaker party lacks the ability to negotiate and has no meaningful choice but to sign the agreement or if the disadvantaged party was surprised by the arbitration clause.

In the California court's opinion, the arbitration clause was procedurally unconscionable
in both regards. "Plaintiffs were young, were rushed through the signing process, had no ability to negotiate, did not see the arbitration language 'buried on the back of the preprinted carbon paper forms,' and did not separately initial the arbitration clause."

Moreover, the plaintiffs testified that they were not sophisticated and that TCN's recruiter told them "how everything would be fine and to simply sign here and there." In addition, the recruiter told the plaintiffs they would get a discount if they signed right away. And the plaintiffs also testified that they were unaware of the arbitration clause until after they filed suit.

Based on this evidence, the appellate flatly court ruled that the arbitration clause was procedurally unconscionable. "The arbitration agreement is an adhesion contract; it lies within a standardized form drafted and imposed by a party with superior bargaining strength, leaving Plaintiffs with only the option of adhering to the contract or rejecting it."

The arbitration clause was substantively unconscionable

The court then looked at the language of the arbitration clause and found it to be substantively unconscionable as well because the clause was "unreasonably favorable to the more powerful party." First of all, the court pointed out, the clause required the plaintiffs, who were all California residents, to arbitrate their dispute with TCN in Indiana. This, in the court's view, was substantively unconscionable. After all, TCN solicited the  plaintiffs' business in California, and plaintiffs would not have reasonably expected to be forced to arbitrate their disputes with TCN in Indiana.

Nor was the clause less pernicious because it permitted the plaintiffs to participate in the arbitration by phone or video. This forced Magno and her co-plaintiffs to "choose whether to incur significant expenses to pursue their claims in an unreasonable forum or to appear remotely, foregoing the ability to testify in person, while TCN, a company that solicited business in California, participates in proceedings in its own backyard."

Also unconscionable in the court's opinion was the provision that TCN got to unilaterally choose the arbitrator. Although plaintiffs were permitted to withhold their consent to TCN's choice so long as consent was "not unreasonably withheld," that did not alter the fact that TCN had the unilateral right to select the arbitrator.

Finally, the appellate court pointed out that the arbitration clause required the plaintiffs to present their claims within one year, while California consumer protection laws gave plaintiffs much longer to present their claims. In the court's opinion, this was yet another indication that the clause was substantively unconscionable.

Conclusion: The Magno opinion is a win for the good guys

Magno v. The College Network, Inc. is a win for the good guys. All over the United States, for-profit colleges have forced students to waive their right to file lawsuits for fraud or misrepresentation by forcing them to arbitrate their claims in forums generally more favorable to the colleges.

Not all of these arbitration clauses are as unfair as the one TCN was cramming down students' throats, but most are fundamentally unfair. The Magno decision is good ammunition for students who attended for-profit colleges and wish to sue the institutions they attended for fraud or misrepresentation under state consumer-protection laws.

References

Magno v. The College Network, Inc.. (Cal. Ct. App. 2016). Accessible at http://caselaw.findlaw.com/ca-court-of-appeal/1741812.html

U.S. Department of Education. U.S. Department of Education Takes Further Steps to Protect Students from Predatory Higher Education Institutions. March 11, 2016. Accessible at http://www.ed.gov/news/press-releases/us-department-education-takes-further-steps-protect-students-predatory-higher-education-institutions?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

News Release. Apollo Education Group to Eliminate Mandatory Arbitration Clauses. May 19, 2016.
Accessible at http://phx.corporate-ir.net/phoenix.zhtml?c=79624&p=irol-newsArticle&ID=2169809






Monday, May 23, 2016

A liberal arts degree is not worth much: Don't borrow a lot of money to pay for one

Christ. Seven years of college down the drain. Might as well join the f-cking Peace Corps."

Bluto (played by John Belushi)
Animal House

Americans cling to the touchingly pathetic belief that a college degree will improve their lives. And it is true that people who graduate from college make more money over their lifetimes than people who only have high school diplomas.

But in many instances, a college degree represents nothing more than an individual's dogged tenacity and willingness to sit through four years of meaningless classes--traits that make college graduates adaptable to the sterility and boredom of the American workplace.

That's not always true, of course. I feel quite sure that people who get degrees in engineering, journalism, and the health professions often learn valuable skills.  

But a degree in the liberal arts or the social sciences is highly overrated as a ticket to a good job. Reflecting back more than 40 years from my time at Oklahoma State University ("the Princeton of the Prairies"), I realize I learned more about how to make my way in the world from delivering newspapers as a 12-year-old for the Anadarko Daily News than I did from any of my college courses.

And I received much more vocational guidance from my father than from any college professor. Not that my father gave a damn about what I would do for a living when I left home. But after holding down several hundred bull calves while he castrated them with his Schrade pocket knife, I came to the firm conviction that I would never make it as a cattleman.

At one time, going to college was a relatively harmless activity. Rattling around a campus for four (or five, or six) years didn't do young people much harm other than delay their entrance into remunerative employment. And no question about it--studying for exams improves people's short-term memory.

But things have changed. Today, making the wrong choices about going to college can lead to a lifetime of economic hardship, at least for people who borrow too much money to pay for their college education.

What can go wrong about obtaining a liberal arts education, you might ask?  Here are some mistakes that many people make:

1) Getting a liberal arts degree from a for-profit college. By and large, for-profit colleges are more expensive than public schools; so if you attend a for-profit college you will probably borrow more money than if you attended a public institution. And the for-profits have high default rates. According to a Brookings Institution report, almost half of the people in  a recent cohort who borrowed to attend a for-profit school defaulted on their loans within five years. Thus, attending a for-profit college increases the risk of default.

So if you want to get a degree in sociology, history, literature, or women's studies, you should probably get it at a public university--even a mediocre one--rather than pursue a liberal arts degree at a for-profit institution.

2) Paying the sticker price to attend a prestigious private college.  Private colleges are more expensive than public colleges, but they are now discounting their tuition drastically. In fact, the average institutional discount rate at private colleges was 48.6 percent for first-time freshmen in 2015-2016. And the discount rate for all students attending private schools was 42.5 percent.

So don't pay the sticker price to attend a fancy private college. Keep in mind that many private schools are scrambling to keep their enrollments up, and they need you more than you need them.

3) Doubling down by going to graduate school without a clear idea how a graduate degree will improve your earning potential. About 40 percent of all outstanding student-loan debt was acquired by people who went to graduate school. Graduate education in some fields has become outrageously expensive--especially for law degrees and MBAs. But graduate degrees in the liberal arts are also pricey.

There was a time when graduate school was a reasonable default option for people with no clear vocational goal. Graduate school was a respectful place for people to park themselves while they decided what they wanted to do with their lives. And opportunity costs were relatively low because tuition was often low--particularly at public colleges.

But the game has changed. Individuals who borrow money to get a liberal arts education and then borrow more money to go to graduate school are playing Russian Roulette with their financial futures; and they're playing with three bullets in their revolvers. Don't go to graduate school unless you have a clear idea about how a graduate degree will lead to a job that pays well enough to make the investment worthwhile.

Beware: A liberal arts degree is no sure path to a middle-class lifestyle

In sum, a liberal arts degree provides no sure path to making a living, and borrowing a lot of money to get a liberal arts education can lead to financial disaster. It is a fine thing to know a little Shakespeare and to be able to identify the causes of Thirty Years' War; and it's nice to talk literature with the swells. But if you leave college with a hundred grand in student loans, you will find that the liberal arts degree you acquired didn't enhance your life; in fact, it might have destroyed it.

Image result for bluto in animal house
"Seven years of college down the drain . . . ."

References

Rick Seltzer. Discount rates rise yet again at private colleges and universities. Inside Higher Ed, May 16, 2016. Accessible at https://www.insidehighered.com/news/2016/05/16/discount-rates-rise-yet-again-private-colleges-and-universities