Showing posts with label student loans. Show all posts
Showing posts with label student loans. Show all posts

Tuesday, April 17, 2007

Lenders Misusing Student Database

Improper Searches Raise Privacy Fears

By Amit R. Paley
Washington Post Staff Writer
Sunday, April 15, 2007; A01

Some lending companies with access to a national database that contains confidential information on tens of millions of student borrowers have repeatedly searched it in ways that violate federal rules, raising alarms about data mining and abuse of privacy, government and university officials said.

The improper searching has grown so pervasive that officials said the Education Department is considering a temporary shutdown of the government-run database to review access policies and tighten security. Some worry that businesses are trolling for marketing data they can use to bombard students with mass mailings or other solicitations.

Students' Social Security numbers, e-mail addresses, phone numbers, birth dates and sensitive financial information such as loan balances are in the database, which contains 60 million student records and is covered by federal privacy laws. "We are just in shock that student data could be compromised like this," said Nancy Hoover, director of financial aid at Denison University in Ohio.

Education Department spokeswoman Katherine McLane said the agency has spent more than $650,000 since 2003 to safeguard the database. The department has blocked thousands of users that it deemed unqualified for access after security reviews, McLane said, and it has blocked 246 users from the student loan industry for inappropriately accessing the data.

In general, the department allows lenders to search records in the database only if they have a student's permission or a financial relationship with the student.

The department has been "vigilant in its monitoring for unauthorized uses" of the database, McLane said.

Concerns about possible abuses of the database are emerging as the student loan industry is under investigation by congressional Democrats and the New York attorney general. Critics say the $85 billion-a-year industry has cozied up to government and university officials who are in a position to help lenders.

This month, a previously obscure Education Department official named Matteo Fontana was suspended after the revelation that he owned more than $100,000 worth of stock in a student loan company while he worked in a unit that helped oversee the industry -- and the student loan database. The stock holding raised questions about a possible violation of conflict-of-interest rules.

The database, known as the National Student Loan Data System, was created in 1993 to help determine whether students are eligible for student aid and to assist in collecting loan payments. About 29,000 university financial aid administrators and 7,500 loan company employees have access to it.

In a recent meeting with university financial aid directors, Theresa S. Shaw, chief operating officer of the department's Office of Federal Student Aid, which manages the database, said lenders have been mining it for student data with increasing frequency, according to three participants at the meeting. In the department's hierarchy, Shaw ranks above Fontana.

"She said the data mining had gotten out of control, and they were trying to tone it down," said Eileen K. O'Leary, director of student aid and finance at Stonehill College in Massachusetts, who was at the Feb. 26 session. "They'd seen the mining for a few years, but now they felt it had grown exponentially."

The department first started noticing a problem in mid-2003 when loan consolidation became more popular, according to an agency official who spoke on condition of anonymity because of the sensitivity of the matter. As companies began to aggressively look for low-risk borrowers to target for consolidation plans, they turned to the database for prospective customers, the official said.

Database users can view only one student record at a time, and the department can monitor each time they view an entry. "When we see them go in and out very quickly, that's when it raises flags" about data mining, the official said. Such abuse would violate department rules.

Officials grew so concerned that in April 2005, the department sent out a letter to database users warning that inappropriate use of the system -- in other words, looking for information without authorization -- could cause their access to be revoked. The letter said the agency was "specifically troubled" that lenders were giving unauthorized users -- such as marketing firms, collection agencies and loan brokerage firms -- the ability to access the database.

"Information may not be used for any other purpose, including the marketing of student loans or other products," wrote Fontana, then general manager of a unit in the department that oversaw the lending industry.

In August 2005, Cathy H. Lewis, the department's assistant inspector general, echoed those concerns in a memo to Shaw that warned of security problems with the database and the lack of regular audit trails on the system.

Through a spokeswoman, Shaw declined to comment. Fontana did not return telephone calls.

After the warnings, inappropriate usage of the system seemed to decline, according to the department official who requested anonymity. But several months ago, top managers learned that the practice had resumed -- "a pattern that's very alarming," the official said.

Some senior education officials are advocating a temporary shutdown of access to the database until tighter security measures can be put in place, the official said. McLane confirmed that such deliberations are taking place.

It is not certain that the lenders that inappropriately used the database used information from it to market directly to students. Credit bureaus, for instance, also hold personal information on borrowers that can be used to solicit customers.

But department officials believe lenders are probably using the database for marketing, according to three current and former agency employees who spoke on condition of anonymity for fear of retribution. Some university financial aid administrators suspect loan companies are probably targeting students in the database who take out loans directly with the government, known as direct loans.

"The database is being misused by the industry to raid the direct loan portfolio," said Craig Munier, director of scholarships and financial aid at the University of Nebraska at Lincoln, who was at the meeting with Shaw. "It's certainly a misuse of the intended purpose of the information and was certainly not what we intended in the higher education community when we built" the database.

Some financial aid directors say abuse of the database would explain why some students who have taken out loans only directly with the government are deluged by up to a half-dozen solicitations a day from private loan companies.

"Our students are being inundated with marketing from consolidation companies," said O'Leary, of Stonehill College. "How else are the consolidation companies getting our students' information?"

Some financial aid administrators hope inquiries into the student loan industry will extend to the possible abuse of the database.

"We are hoping that a full congressional investigation can happen," said Hoover, the Denison aid director, who also met with Shaw. "And maybe then we will find out what's really happening."

Monday, April 16, 2007

New York adds 13 more lenders to student loan probe

By Joseph A. Giannone 1 hour, 26 minutes ago

New York Attorney General Andrew Cuomo's office expanded a sweeping investigation into the student loan industry with subpoenas and information requests to 13 more lenders, including some of the largest U.S. banks.

Cuomo's office and New York state's two top lawmakers also unveiled legislation to regulate student loan practices. The Student Lending, Accountability, Transparency and Enforcement Act, or SLATE, would require all New York colleges to adopt Cuomo's code of conduct for student loans or face fines.

With the new inquiries, sent on Friday, Cuomo's investigation has expanded to include the top 20 student lenders commanding more than 80 percent of the $85-billion-a-year U.S. student lending business.

The latest requests were sent to 10 of country's the largest banks: Bank of America (NYSE:BAC - news); Citizens Financial Group, a unit of Royal Bank of Scotland (RBS.L); JPMorgan Chase (NYSE:JPM - news); National City (NYSE:NCC - news); PNC Financial Services Group (NYSE:PNC - news); Regions Financial (NYSE:RF - news); SunTrust Banks (NYSE:STI - news); US Bancorp (NYSE:USB - news); Wachovia (NYSE:WB - news) and Wells Fargo (NYSE:WFC - news).

Cuomo's office also sent inquiries to three closely held student lenders: Access Group, College Loan Corp. and EdFinancial Services.

The subpoenas seek information about revenue-sharing programs as well as stock grants, gifts and trips bestowed by lenders on school officials to win more referrals.

REVOLVING DOOR?

The attorney general's office also said it wants to explore whether current or former employees of these lenders worked for the U.S. Department of Education in the past six years amid concern a revolving door at the department has led to lax oversight of student loan practices.

JPMorgan declined to comment. Wachovia said it has not engaged in revenue-sharing agreements

"The attorney general's office contacted Wachovia in connection with a review of certain schools but has not made any formal information request of Wachovia," said Wachovia spokeswoman Kathleen Von Bergen.

William Eiler, a spokesman for National City, said the Cleveland bank does not engage in the practices outlined by Cuomo. He declined to comment on whether the bank received an inquiry or subpoena from New York.

Officials at the other new targets could not immediately be reached for comment.

New York for the past six months has investigated financial arrangements between student lenders and about 100 colleges and universities. Cuomo said lenders have offered payments, shares and a variety of perks to schools and school officials to secure a place on preferred lender lists and win more business.

These and other arrangements were not disclosed to students, who may not get the best deal possible on their loans, Cuomo said.

Previously the state had probed the activities of Citigroup (NYSE:C - news), Sallie Mae (SLM Corp.) (NYSE:SLM - news), CIT Group (NYSE:CIT - news), NelNet Inc. (NYSE:NNI - news), EFP, Educap and The College Board.

In the past two weeks, Cuomo reached settlements with Citi and Sallie Mae and announced a settlement on Monday with Education Finance Partners. The state has collected a total of $6.5 million in payments into a fund to educate students about financial aid.

The three lenders also promised to adopt a code of conduct drafted by Cuomo's office, halting deceptive and questionable practices such as gifts and fully funded trips for school officials, greater disclosure about "preferred lender" lists, loan resale disclosures and a ban on lenders staffing school-affiliated call centers.

(Additional reporting by Christian Plumb, Dan Wilchins and Ed Leefeldt)

Negotiators Say Sallie Mae to Be Sold for $25 Billion

April 16, 2007

Sallie Mae agreed late last night to be sold to JP Morgan Chase, Bank of America and two private equity firms for $25 billion, said people involved in the negotiations.

The deal would move the nation’s largest education lender, officially known as the SLM Corporation, into private control amid increasing turmoil for the company. The deal is expected to be announced today, these people said.

The other two private buyers are New York-based firms which have until now have kept a relatively low profile: J.C. Flowers & Company and Friedman Fleischer & Lowe. Together, the two firms will control 50.2 percent of the company, while the banks will own the rest.

By ANDREW ROSS SORKIN and JENNIFER 8. LEE

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Saturday, April 14, 2007

Lenders Sought Edge Against U.S. In Student Loans

Private banks and lenders have for years waged a successful campaign to limit a federal program that was intended to make borrowing less costly.

April 15, 2007

In a fierce contest to control the student loan market, the nation’s banks and lenders have for years waged a successful campaign to limit a federal program that was intended to make borrowing less costly by having the government provide loans directly to students.

The companies have offered money to universities to pull out of the federal direct loan program, which was championed by the Clinton administration. They went to court to keep the government program from becoming more competitive. And they benefited from oversight so lax that the Education Department’s assistant inspector general in 2003 called for tougher regulation of lender dealings with universities.

By JONATHAN D. GLATER and KAREN W. ARENSON

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