U.S. Department of Education provides guidance on implementation of 2016 "borrower defense to repayment" regulations

On 15 March 2019 the U.S. Department of Education (ED) issued an Electronic Announcement to provide guidance to colleges and universities about selected provisions contained in final regulations often referred to as the borrower defense to repayment regulations, which were published on 1 November 2016 (the 2016 final regulations).

For a summary of the 2016 final regulations, please see our previous alert. The selected provisions were originally scheduled to become effective 1 July 2017, but ED sought to delay their effective date. On 19 March 2019 ED acknowledged in the Federal Register that the selected provisions took effect as of 16 October 2018, in accordance with a court's decision in related litigation.

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