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Biden under pressure to forgive student debt in its final weeks

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U.S. President Joe Biden is joined by Education Secretary Miguel Cardona (L) as he announces new actions to protect borrowers after the Supreme Court struck down his student loan forgiveness plan in the Roosevelt Room at the White House on June 30, 2023 in Washington, DC. 

Chip Somodevilla | Getty Images News | Getty Images

With less than two months left in office, President Joe Biden is under pressure to forgive more student loan debt.

On Wednesday, dozens of Democratic lawmakers, including Sen. Bernie Sanders, I-Vt. and Ed Markey, D-Mass., wrote a letter to U.S. Department of Education Secretary Miguel Cardona, urging him to forgive the debt of borrowers who’ve applied for relief after being defrauded by their colleges.

Among its requests, the lawmakers asked the Education Department to process the pending borrower defense applications of an estimated 400,000 borrowers. (Borrowers can be eligible for that discharge if their schools suddenly closed or they were cheated by their colleges.)

“These borrowers completed an onerous application to demonstrate that they were victims of fraud, but the Department has yet to act,” the lawmakers wrote in their letter.

While Biden has been in office, the Education Department has forgiven more than $28 billion in student debt for more than 1.6 million borrowers who were misled by their schools or saw their colleges close.

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But the lawmakers said that Education Department needed to act for the remaining borrowers before it is too late.

President-elect Donald Trump and Vice President-elect JD Vance are vocal critics of student loan forgiveness.

“Under the previous Trump Administration, borrowers’ applications were allowed to languish for years,” the lawmakers said in their letter. “If their application was reviewed, borrowers often were denied and granted no relief.”

Sen. Dick Durbin, D-Ill., echoed that message in a post on X on Monday.

“I’m on the Senate floor warning against predatory for-profit colleges and shining a light on borrower defense discharges through the Department of Education,” Durbin wrote. “We must continue to process these claims before the next administration comes into office.”

Trump himself once ran a for-profit school, called Trump University, in which attendees said they were duped with false advertising and high-pressure sales tactics. The school was open from 2005 to 2010. A federal court approved a $25 million settlement in 2018 with former Trump University students.

The Trump transition team did not immediately respond to CNBC’s request for comment .

Meanwhile, The Debt Collective, a union for debtors, launched its “Last 50 Days” campaign last month, to put pressure on the Biden administration to forgive the debt of student loan borrowers over the age of 50.

“Student debtors are going to get wrecked by the Trump administration, and that’s going to be the most painful for older Americans,” said Braxton Brewington, a spokesperson for the Debt Collective.

“The least Biden can do is help the borrowers who are quite literally running out of time, can’t wait for a more sympathetic administration in 2029,” Brewington said.

Biden has forgiven more student debt than any other president, touching nearly 5 million people. But his attempts to deliver wide-scale debt cancellation have all been stymied by Republican-led legal challenges.

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Student loan borrowers struggle to get into income-driven repayment plan

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Nearly 2 million federal student loan borrowers who’ve requested to be in an affordable repayment plan are stuck in a backlog of applications, waiting to be approved or denied, according to new data recently shared by the U.S. Department of Education.

The Education Department disclosed the information in a May 15 court filing in response to a legal challenge lodged by the American Federation of Teachers. The teachers’ union sued the Trump administration in March for shutting down access to income-driven repayment plan applications on the Education Department’s website.

IDR plans cap borrowers’ monthly bills at a share of their discretionary income with the aim of making their payments manageable.

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In late March, the Trump administration made the online applications available again, and said that it pulled the forms because it needed to make sure all repayment plans complied with a court order that blocked the Biden administration’s new IDR plan, known as SAVE, or the Saving on a Valuable Education plan.

Trump officials argued that the ruling had broader implications for other IDR plans, and it ended up removing the loan forgiveness component under some of the options.

The backlog complicates things for borrowers as the Trump administration restarts collection activity. The Education Department estimates that nearly 10 million people could be in default on their student loans within months.

Without access to an affordable repayment plan, student loan borrowers can be suspended on their timeline to loan forgiveness and at risk of falling behind and facing collection activity.

‘The opposite of government efficiency’

In the May court document, the Education Department disclosed that more than 1.98 million IDR applications remained pending as of the end of April. Only roughly 79,000 requests had been approved or denied during that month.

Consumer advocates slammed the findings.

“This filing confirms what borrowers have known for months: Their applications for loan relief have effectively been going into a void,” said Winston Berkman-Breen, legal director at the Student Borrower Protection Center.

The Center said that if the Education Department continued to move at its current rate, it would take more than two years to process the existing applications.

AFT President Randi Weingarten called the backlog “outrageous and unacceptable.”

“This is the opposite of government efficiency,” Weingarten said. “Millions of borrowers are being denied their legal right to an affordable repayment option.”

What’s behind the backlog

A spokesperson for the Education Dept. blamed the backlog on the Biden administration, saying that it “failed to process income-driven repayment applications for borrowers, artificially masking rising delinquency and default rates and promising illegal student loan forgiveness to win points with voters.”

“The Trump Administration is actively working with federal student loan servicers and hopes to clear the Biden backlog over the next few months,” they said.

The Biden administration put the student loan borrowers who’d enrolled in its new IDR plan, SAVE, into an interest-free forbearance while the GOP-led legal challenges to the program unfolded. Many of the currently pending IDR requests are likely from borrowers who are trying to leave that blocked plan to get into an available one.

Sarah Sattlemeyer, a project director at New America and senior advisor under the Biden administration, said that the current backlog began last year “and has existed across both the Biden and Trump administrations” as a result of the legal battle over the SAVE plan.

“It is a demonstration of how complicated the loan system is, how much uncertainty there has been over the last few years and what is at stake,” Sattlemeyer said. “There also isn’t clarity around how some applications in the backlog should or will be handled, such as those where a borrower chose an option that no longer exists on the application.”

Student loan default collection restarting

In recent months, the Trump administration has terminated around half of the Education Department’s staff, including many of the people who helped assist borrowers.

That is also likely one reason why so many of the applications haven’t been processed, said higher education expert Mark Kantrowitz.

“Perhaps the reduction in staff is affecting their ability to process the forms,” Kantrowitz said.

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Student loan delinquencies risk ‘spillovers’ to other debts, NY Fed

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Student loan default collection restarting

The Trump administration’s resumption of collection efforts on defaulted federal student loans has far-reaching consequences for delinquent borrowers.

For starters, borrowers who are in default may have wages, tax returns and Social Security payments garnished.

But involuntary collections could also have a “spillover effect,” which puts consumers at risk of falling behind on other debt repayments, according to a recent report from the Federal Reserve Bank of New York,

As collection activity restarts, disposable income falls

‘It’s just money that can’t go to other financial things’

Until earlier this month, the Department of Education had not collected on defaulted student loans since March 2020. After the Covid pandemic-era pause on federal student loan payments expired in September 2023, the Biden administration offered borrowers another year in which they would be shielded from the impacts of missed payments. That on-ramp officially ended on Sept. 30, 2024, and the Education Department restarted collection efforts on defaulted student loans on May 5.

Whether borrowers face garnishment, or opt to resume payments to get current on their loan, that’s likely to have a significant impact on their wallet.

“It’s just money that can’t go to other financial things,” said Matt Schulz, chief credit analyst at LendingTree. 

After the five-year pause ended and collections are resumed, the delinquency rate for student loan balances spiked, the New York Fed found. Nearly 8% of total student debt was reported as 90 days past due in the first quarter of 2025, compared to less than 1% in the previous quarter.

Currently, around 42 million Americans hold federal student loans and roughly 5.3 million borrowers are in default, according to the Education Department. Another 4 million borrowers are in “late-stage delinquency,” or over 90 days past due on payments.

Among borrowers who are now required to make payments — not including those who are in deferment or forbearance or are currently enrolled in school — nearly one in four student loan borrowers are behind in their payments, the New York Fed found.  

As borrowers transition out of forbearance and into repayment, those borrowers may also face challenges making payments, according to a separate research note by Bank of America. “This transition will likely drive delinquencies and defaults on student loans higher and could have further knock-on effects for consumer finance companies,” Bank of America analyst Mihir Bhatia wrote to clients on May 15.

In a blog post, the New York Fed researchers noted that “it is unclear whether these penalties will spill over into payment difficulties in other credit products, but we will continue to monitor this space in the coming months.”

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3 red flags to avoid

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South_agency | E+ | Getty Images

‘People don’t know a lot about tariffs’

Tariffs are taxes on goods imported from other countries, paid by the entity importing those goods. Businesses in turn often pass the cost of tariffs along to consumers in the form of higher prices.

In April, U.S. President Donald Trump enacted sweeping tariffs of varying rates affecting more than 180 countries and territories. Last week, the U.S. and China struck a deal to temporarily suspend most tariffs on each other’s goods. The U.S. also recently unveiled a trade agreement with the United Kingdom. 

Despite the recent trade agreements and deals, consumers still face an overall average effective tariff rate of 17.8%, the highest since 1934, according to a recent report by the Yale Budget Lab. 

James Lee, president of the Identity Theft Resource Center, said it’s not unusual for scammers to take a government action — whether that’s a new program or policy — and use it for the basis of a scam.

Scammers “will use the fact that people don’t know a lot about tariffs,” Lee said.

AI generated deepfake scam is 'phishing with a twist', says Fortalice Solutions CEO Theresa Payton

The PreCrime Labs team at BforeAI, a cybersecurity company, discovered about 300 domain registrations from cybercriminals related to tariffs in the first few months of the year. Some spread misinformation while others are financial scams aimed at businesses and consumers.

One site the company found was a newly registered phishing domain positioned to lead consumers to believe they are required to make payments to a legitimate governmental entity.

“Such payment requests are likely to be spread using email or messaging campaigns with a theme of urgent, pending payments, directing victims to the fraudulent site where their actions will result in financial losses,” researchers noted.

Some package payment requests are real

There are some cases where consumers might legitimately pay for products purchased from another country, namely, customs duties. Sometimes the U.S. Customs and Border Protection will charge consumers a processing fee in order to release an imported good. 

“That’s not common, but it’s also not unusual,” said Lee. “It really does depend on what it is, where it’s coming from.”

Some consumers have also recently reported receiving legitimate payment requests from carrier companies after a purchase in order to receive their shipments, the Washington Post reports.

Some carriers are acting as the importer of record, meaning they are responsible for any duties, taxes and fees that are applied to the delivery, said Bernie Hart, vice president of customs of Flexport, a logistics firm.

If the carrier did not collect those additional fees for the product up front, the carrier will charge the end consumer those additional costs through a follow-up bill, he said.

This tactic might not last, because it creates a lot of inconvenience for both companies and shoppers, Hart said: “It’s not good for anybody in this process to give somebody a surprise bill.”

Tariff scam red flags

It’s easy for anyone to fall victim to a fraud scheme, said Ruth Susswein, director of consumer protection at Consumer Action. 

If tariff policies continue to be in flux for longer, criminals will have more time to craft sophisticated attacks on consumers, said the ITRC’s Lee. 

Your top priority is to avoid sharing personal information like Social Security numbers, bank details or account login credentials, especially under the guise of “tariff processing,” said Payton.

Here are three red flags to watch out for, according to scam experts:

1. Unsolicited and urgent messages

2. Suspicious site links, emails

Scammers will create fake websites, emails and phone numbers to mimic retailers or government agencies, Payton said. If you receive a message, check for misspellings and URLs or email addresses that don’t match that of the supposed company or entity — say, a message from a “U.S. government official” that does not come from a dot-gov email.

You can use tools like WHOIS, a database that stores information about registered domain names and IP addresses, to authenticate the website and confirm registration details, she said.

3. Lack of transparency

Reputable merchants would clearly label tariff-related fees at checkout and provide contact information for inquiries, Payton said. Otherwise, the “lack of transparency is a red flag.”

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