On December 9, 2024, the CFPB took action against student loan debt collector Performant Recovery Inc. for illegal fee-generating scheme that cost borrowers thousands of dollars Performant Recovery, Inc. collected on student loan debt, including from borrowers who had defaulted on Federal Family Education Loan Program (FFELP) loans.
FFELP borrowers who have defaulted have a one-time right to rehabilitate their loans and bring them back into good standing by entering into an agreement and making a series of reasonable and affordable payments. However, the CFPB found that Performant took advantage of borrowers by:
Delaying borrowers’ right to relief. Performant’s agents were instructed to take affirmative steps to delay the process when borrowers called to rehabilitate their loans within 65 days of default.
Costing borrowers fees and other lost benefits. As a result of the intentional delays caused by Performant, borrowers incurred costs amounting to 16% of the loans’ outstanding balances, plus additional interest charges over time. The delays also postponed benefits of loan rehabilitation including restoring student aid eligibility, ending federal withholding of tax refunds, and removing the record of default from borrowers’ credit reports.
The CFPB found that Performant violated the CFPA’s prohibition on unfair and abusive conduct and the Fair Debt Collection Practices Act. The CFPB’s order:
Bans Performant from servicing or collecting on any student loan debt; and
Requires Performant to pay a $700,000 penalty to the CFPB’s victims relief fund.
Read the CFPB’s here.
The consent order can be found here.