OCTOBER 2015 

Annual report of the 

CFPB Student Loan 

Ombudsman 
1 

Table of Contents 

Executive summary ..................................................................................................... 2

About this report ......................................................................................................... 5

1. Student loan complaint data ................................................................................ 6

2. Issues faced by borrowers ................................................................................ 11

3. Ombudsman’s discussion ................................................................................. 18

3.1 Utilization of income-driven repayment plans ...................................... 18

3.2 A path forward ........................................................................................ 33

4. Contact information ............................................................................................ 36

Appendix A ...................................................................................................... 37
2 

Executive summary 

 Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, this annual 

report analyzes complaints submitted by consumers from October 1, 2014, through 

September 30, 2015. During this period, the Bureau handled approximately 6,400 private 

student loan complaints, an increase of approximately 23 percent compared to that of the 

previous year. The Bureau also handled 2,300 debt collection complaints related to private 

and federal student loans. 

 This report observes that outstanding federal student loans made by private lenders may 

have a higher concentration of borrowers in default or delinquency than the student loan 

market at-large. Last month, the Bureau estimated that more than 25 percent of student 

loan borrowers are delinquent or in default market-wide. The Bureau observed that at least 

30 percent of borrowers with loans made through the Federal Family Education Loan 

Program (FFELP)—more than 5 million in total—are behind on their loans or are already in 

default. 

 In addition, this report offers commentary on recent analyses published by government 

auditors, economists, and federal agencies. These analyses offer further evidence to support 

the Bureau’s observations in this report and suggest that these problems may be experienced 

by a broad segment of student loan borrowers. Taken together, the following discussion 

offers additional support for the Bureau’s recent recommendation that policymakers pursue 

industrywide standards for student loan servicers. 

 Borrowers with both private and federal student loans continue to submit complaints 

describing servicing and debt collection practices that create barriers to enroll in alternative 

repayment plans, including income-driven repayment plans for borrowers with federal 

loans. As private student lenders expand proprietary modification offerings for borrowers in 
3 

distress, private student loan borrowers report that they encounter servicing problems, 

including lack of access to timely and accurate information on availability or eligibility 

criteria to enroll in alternative repayment programs. 

 Many debt collection complaints from borrowers with federal student loans describe how 

borrowers attempt to avoid default during a period of financial hardship, but have difficulty 

finding information about repayment options, including income-driven repayment plans. 

Despite the right under federal law to enroll in an income-driven repayment plan, some 

borrowers report that they did not know they were eligible. The Bureau also received 

complaints that borrowers who apply for an income-driven repayment plan are held up by 

paperwork processing delays, receive inconsistent instructions from servicers, or experience 

difficulty enrolling in these programs. 

 This report highlights how economic and other incentives for student loan servicers may 

encourage servicing practices that contribute to borrower distress, particularly for federal 

student loans originated by private lenders under FFELP. These loans constituted the vast 

majority of all new federal student loans until Congress eliminated this program in 2010. 

From 2006 to 2009, these loans made up more than 75 percent of all new federal student 

loans. As of June 30, 2015, consumers still owe more than $370 billion in student loans 

made under this program. 

 The following report details analysis from a voluntary request sent by the Bureau’s Student 

Loan Ombudsman to certain market participants, asking for data about loans originated 

under FFELP and held by private investors. The report also describes certain limitations of 

this data, noting that it may not be representative of all borrowers with FFELP loans and 

differences in loan maturity, portfolio composition, and availability of certain benefits may 

contribute to these results. This analysis finds: 

 The FFELP data we received shows that less than 6 percent of borrowers in our sample 

are enrolled in income-driven repayment plans. In contrast, borrowers with federal loans 

made directly by the Department of Education enroll in these plans at nearly three times 

the rate. 
4 

 The FFELP sample shows substantial signs of borrower distress. More than 20 percent of 

FFELP borrowers in this sample are delinquent or have suspended their monthly 

payments by using forbearance, but are not yet in default. 

 FFELP borrowers in the sample with past-due balances owe higher balances than 

delinquent borrowers with Direct Loans, raising questions about whether borrowers who 

may be able to benefit from income-driven repayment plans are not enrolling. 

 The report also offers recommendations to policymakers, calling for the compilation of 

regular performance metrics on student loan servicing, including data on delinquencies and 

defaults as well as data on borrower performance in income-driven repayment plans. 

Policymakers should consider compiling and publishing data on a periodic basis to facilitate 

comparison in performance among student loan servicers. 
5 

About this report 

The Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. Law 111-203, (“Act”) 

established a student loan ombudsman within the Consumer Financial Protection Bureau. 

Pursuant to Section 1035(d) of the Act, the student loan ombudsman shall prepare an annual 

report and make appropriate recommendations to the Secretary of the Treasury, the Director of 

the Consumer Financial Protection Bureau, the Secretary of Education, and Congress. This 

report is the fourth annual report meeting the requirement set forth in the Act. 

This report analyzes approximately 6,400 private student loan complaints and approximately 

2,300 debt collection complaints related to private and federal student loan debt received 

between October 1, 2014, and September 30, 2015. This report also offers analysis and 

discussion to address issues reported by consumers in the student loan marketplace. 

Seth Frotman 

Acting Student Loan Ombudsman 

Consumer Financial Protection Bureau 
6 

1. Student loan complaint data 

Information about consumer complaints, including information about student loan and debt 

collection complaints, is available to the public through the Bureau’s Consumer Complaint 

Database.1

 

The database contains anonymized complaint data provided by consumers, including the type of 

complaint, the date of submission, the consumer’s zip code, and the company that the complaint 

concerns. The database also includes information about the actions taken by a company in 

response to a complaint: whether the company’s response was timely, how the company 

responded, and whether the consumer disputed the company’s response. The database does not 

include consumers’ personal identifying information (PII). The database includes web-based 

features such as the ability to filter data based on specific search criteria, to aggregate data in 

various ways—such as by complaint type, company, location, date, or any combination of 

available variables—and to download data. 

In June 2015, the Bureau enhanced the Consumer Complaint Database by including publicfacing consumer complaint narratives detailing the problems consumers face with financial 

companies concerning mortgages, bank accounts, credit cards, debt collection, student loans, 

and more. The public can search consumer narratives for specific product names or features, 

and search by company or by state. 

 

1 Consumer Financial Protection Bureau, Consumer Complaint Database, available at 

http://www.consumerfinance.gov/complaintdatabase/. Data included in the following section of this report includes 

complaints submitted to the Bureau between October 1, 2014, and August 31, 2015. Complete data for September 

2015 had not been published in the Consumer Complaint Database at the time this report was prepared and the 

following section reflects this limitation. 
7 

The following tables are based on complaints received from October 1, 2014, through August 31, 

2015, as exported from the public Consumer Complaint Database on October 1, 2015.2 

FIGURE 1: PRIVATE STUDENT LOAN ISSUES REPORTED BY CONSUMERS FROM OCTOBER 1, 2014 

THROUGH AUGUST 31, 20153

 

2 Not all complaints handled by the Bureau are published in the public Consumer Complaint Database. Complaints 

that do not meet the publication criteria may be removed from the database. The database lists complaints where the 

companies have had the opportunity to provide a response or after the companies have had the complaint for 15 

calendar days—whichever comes first. The publication criteria are available at 

http://files.consumerfinance.gov/f/201303_cfpb_Final-Policy-Statement-Disclosure-of-Consumer-ComplaintData.pdf. Therefore, the number of complaints published in the database may be fewer than the total number of 

complaints handled by the Bureau. 

3 Consumers submitting student loan complaints can select from the following three types of complaint categories: 

“Getting a loan,” “Can’t pay my loan,” and “Dealing with my lender or servicer.” This figure reflects the categories 

consumers selected when filing a complaint. 
8 

TABLE 1: COMPANIES WITH THE MOST PRIVATE STUDENT LOAN COMPLAINTS RANKED BY VOLUME4

Company Oct. 2013 – Aug. 2014 Oct. 2014 – Aug. 2015 

Navient 1,854 1,724 

AES/PHEAA 378 401 

Genesis Lending 24 374 

Wells Fargo 229 244 

Sallie Mae 231 240 

FIGURE 2: ISSUES IDENTIFIED IN PRIVATE STUDENT LOAN COMPLAINTS BY COMPANY FROM 

OCTOBER 1, 2014 THROUGH AUGUST 31, 20155

Navient

AES/PHEAA

Genesis Lending

Wells Fargo

Sallie Mae

41%

38%

33%

37%

33%

58%

61%

61%

59%

63%

6%

4%

4%

Dealing with my lender or servicer Can't repay my loan Getting a loan

All private 59% 38%

 

4 This table reflects complaints where: (1) the consumer identified the sub-product as a non-federal student loan and 

(2) the identified company responded to the complaint, confirming a relationship with the consumer. This table 

reflects the top companies by complaint volume for the period of October 1, 2014, through August 31, 2015. This 

information was not adjusted for market share. Company-level information should be considered in context of market 

share. 

5 This figure reflects complaints where: (1) the consumer identified the sub-product as a non-federal student loan; (2) 

the consumer identified the issue; and (3) the identified company responded to the complaint, confirming a 

relationship with the consumer. This figure reflects the top companies by complaint volume. This information was not 

adjusted for market share. Company-level information should be considered in context of market share. 
9 

FIGURE 3: PRIVATE STUDENT LOAN COMPLAINTS BY MONTH6

Oct 14 Nov 14 Dec 14 Jan 15 Feb 15 Mar 15 Apr 15 May 15 Jun 15 Jul 15 Aug 15

0

50

100

150

200

250

300

350

400

450

FIGURE 4: PRIVATE STUDENT LOAN COMPLAINTS RELATED TO REPAYMENT DISTRESS BY MONTH7

 

6 This figure reflects complaints where: (1) the consumer identified the sub-product as a non-federal student loan and 

(2) the identified company responded to the complaint, confirming a relationship with the consumer. 

7 This figure reflects complaints where: (1) the consumer identified the sub-product as a non-federal student loan; (2) 

the consumer identified their issue as “Can’t repay my loan”; and (3) the identified company responded to the 

complaint, confirming a relationship with the consumer. This figure reflects the top companies by complaint volume. 
10 

TABLE 2: TOP RECIPIENTS OF STUDENT LOAN DEBT COLLECTION COMPLAINTS FROM OCTOBER 1, 2014 

 THROUGH AUGUST 31, 20158

Federal Student Loans Number of 

Complaints Private Student Loans Number of Complaints 

Navient 86 Navient 128 

Allied Interstate LLC 40 Transworld Systems Inc. 57 

ECMC Group, Inc. 39 AES/PHEAA 22 

Transworld Systems Inc. 34 Allied Interstate LLC 18 

Performant Financial 

Corporation 25 National Enterprise Systems, Inc 17 

FIGURE 5: DISTRIBUTION OF LOAN TYPE FOR STUDENT LOAN DEBT COLLECTION COMPLAINTS BY 

COMPANY FROM OCTOBER 1, 2014 THROUGH AUGUST 31, 20159

 

8 This table reflects debt collection complaints where: (1) the consumer identified the sub-product as a non-federal or 

a federal student loan and (2) the identified company responded to the complaint, confirming a relationship with the 

consumer. This table also reflects aggregated complaints of subsidiary debt collection companies under the parent 

company. This information was not adjusted for market share. Company-level information should be considered in 

context of market share. 

9 This figure reflects debt collection complaints where: (1) the consumer identified the sub-product as a non-federal or 

a federal student loan and (2) the identified company responded to the complaint, confirming a relationship with the 

consumer. This figure reflects the top companies by complaint volume. This figure also reflects aggregated complaints 

of subsidiary debt collection companies under the parent company. This figure was not adjusted to reflect each 

company’s relative market share. Company-level information should be considered in context of company size. 
11 

2. Issues faced by borrowers 

SOURCES OF INFORMATION 

To identify the range of issues faced by student loan borrowers, this report relies primarily on 

complaints handled by the Bureau. The Bureau handled approximately 6,400 private student 

loan complaints between October 1, 2014, and September 30, 2015, an increase of 23 percent 

from the prior year. The Bureau also handled approximately 2,300 debt collection complaints 

from student loan borrowers related to private and federal student loans. 

In addition to complaints, we reviewed other information, such as comments submitted by the 

public in response to requests for information, submissions to the “Tell Your Story” feature on 

the Bureau’s website, and input from discussions with consumers, regulators and law 

enforcement agencies, and market participants.10

LIMITATIONS 

Readers should note that this report does not suggest the prevalence of the issues described as 

they relate to the entire student loan market. The information provided by consumers helps to 

illustrate where there is a mismatch between borrower needs and actual service delivered. 

Representatives from industry and borrower assistance organizations will likely find the 

inventory of borrower issues helpful in further understanding the diversity of customer 

experience in the market.

 

10 See, e.g., Consumer Financial Protection Bureau, Request for Information Regarding Student Loan Servicing, 80 

Fed. Reg. 29302, Docket ID CFPB-2015-0021 (May 21, 2015), available at 

http://www.regulations.gov/#!docketDetail;D=CFPB-2015-0021. 
12 

SERVICING PRACTICES MAY CREATE OBSTACLES FOR BORROWERS ENROLLING IN 

ALTERNATIVE REPAYMENT PLANS, INCLUDING INCOME-DRIVEN REPAYMENT PLANS 

Borrowers with both private and federal student loans continue to submit complaints describing 

servicing and debt collection practices that create barriers to enroll in alternative repayment 

plans, including income-driven repayment plans for borrowers with federal loans. As private 

student lenders expand proprietary modification offerings for borrowers in distress, private 

student loan borrowers encounter servicing problems, including lack of access to timely and 

accurate information on availability or eligibility criteria to enroll in alternative repayment 

programs. 

Since the Bureau began accepting complaints regarding debt collection of student loans in July 

2013, a large subset of complaints relate to the collection of federal student loans. In particular, 

many complaints stem from borrowers attempting to avoid default during a period of financial 

hardship. Almost all federal student loan borrowers experiencing financial distress are entitled 

to enroll in repayment plans that set their monthly payments relative to their income—usually at 

10 to 15 percent of the borrower’s discretionary income, depending on the plan.11 Using a federal 

formula, these plans consider borrowers’ adjusted gross income and family size in order to 

determine borrowers’ monthly payments. Borrowers eligible for a reduced monthly payment 

under this formula are considered to have demonstrated partial financial hardship (PFH).12 For 

borrowers who are unemployed or who have very low wages, a payment under one of these 

arrangements may be as low as zero dollars per month.13 For borrowers with low wages over a 

long term, these programs also offer loan forgiveness following 20 or 25 years of payments.14

 

11 For further discussion on income-driven repayment plans, see Appendix A. 

12 A borrower experiences a partial financial hardship if his or her monthly student loan payment under the federal 

formula is less than the payment that would be required under a standard 10-year repayment plan. Borrowers must 

recertify income on an annual basis in order to retain a payment amount that reflects their financial circumstances; 

however, borrowers who fail to recertify or are no longer eligible to make a PFH payment are still considered 

“enrolled” in an IDR, for the purpose of current data compilation and reporting. 

13 See 34 C.F.R. § 685.209 (Pay As You Earn (PAYE), only available for Direct Loans or loans consolidated into Direct 

Loans); 34 C.F.R. § 685.221 (Income-Based Repayment (IBR) under the Direct Loan program); 34 C.F.R. § 682.215 

(IBR under FFELP). Payments may be $0.00 based on demonstration of PFH under an income-driven repayment 
13 

The complaints related to alternative repayment plans, including complaints related to enrolling 

and staying enrolled in income-driven repayment plans, share a number of distinct themes, as 

outlined below. 

Distressed private student loan borrowers struggle to obtain information on 

affordable repayment programs. Many of the complaints handled by the Bureau suggest 

that a number of borrowers are eager to protect their credit and avoid the consequences of 

delinquency and default. Many borrowers submitted complaints in an attempt to find out 

options that would lower their monthly payment or enroll in an affordable repayment program 

for their private loan. Complaints suggest that servicers may not be proactively contacting 

borrowers about available repayment options for private loans or may not provide clear 

information on their websites and online servicing platforms. Complaints suggest that 

alternative repayment plans may be available but borrowers experience difficulty in obtaining or 

accessing information on these plans. Complaints also reveal that investigating potential options 

may require borrowers to contact their lender or servicer to obtain information, and some of 

these borrowers report receiving responses that servicers were unable or unwilling to offer an 

alternative repayment plan. Borrowers also complain that they received conflicting information 

from multiple customer service representatives about eligibility criteria to enroll in alternative 

repayment programs. 

Borrowers with federal loans complain that they are unable to enroll in incomedriven repayment plans, despite contacting customer service representatives and 

submitting the required paperwork. Borrowers tell us that they contact their servicer in 

order to find out if there are options to obtain an affordable monthly payment. Borrowers 

experiencing financial hardship complain that even though they reached out to their servicer for 

help, they did not receive adequate information about income-driven repayment plans or other 

alternative repayment plans. Some borrowers also complain that when they did receive 

information, it was in conflict or inconsistent with other instructions or information provided 

 

plan. Alternatively, payments may be $0.00 for months during which a borrower obtained an Economic Hardship 

Deferment (EDH). 

14 For the purpose of calculating eligibility for loan forgiveness under IBR or PAYE, servicers are expected to track and 

evaluate the number of qualified payments made by borrowers in order to ensure that, in total, 20 or 25 years of 

payments have been provided. For the purpose of determining eligibility for loan forgiveness, “payments” can include 

months during which a $0.00 payment was made. Months during which a borrower enrolled in forbearance do not 

qualify toward loan forgiveness. See, e.g., 34 C.F.R. § 685.209. 
14 

previously by customer service representatives. Borrowers tell the Bureau that they did not 

know about the availability of income-based repayment programs or that they qualified for a 

lower monthly payment. 

The Bureau has received complaints and other input15 from borrowers with older federallyguaranteed loans made by banks and other private lenders under the Federal Family Education 

Loan Program (FFELP).16 These borrowers report that they are unable to enroll in incomedriven repayment plans despite repeated attempts to find out how to apply or enroll in these 

programs. These borrowers complain about communication breakdowns following completion 

of enrollment applications for income-driven repayment plans. These borrowers complain that 

their servicer does not advise them of the status of their application or that they do not receive 

confirmation that the application was processed. Borrowers also complain that servicers fail to 

place their loans in the requested income-driven repayment plan or inform them of other 

alternative repayment options. One borrower with a FFELP loan told us: 

 

15 This report is also informed by comments submitted by organizations and individual borrowers in response to the 

Bureau’s May 2015 Request for Information on Student Loan Servicing. See Consumer Financial Protection Bureau, 

Request for Information Regarding Student Loan Servicing, 80 Fed. Reg. 29302, Docket ID CFPB-2015-0021 (May 

21, 2015), available at http://www.regulations.gov/#!docketDetail;D=CFPB-2015-0021. 

16 For further discussion on types of federal student loans, see Appendix A. Readers should also note that a significant 

share of the existing FFELP loans originated between July 2008 and June 2010 were acquired by the U.S. 

Department of Education under a special purchase program; older FFELP loans comprise the majority of FFELP 

loans held by private sector lenders and loan holders. 

I have a loan with [servicer] and I have not been given any help dealing with my 

payment options. I have filled out applications for an [income-based repayment 

plan] and forbearance. Customer service is constantly giving me false information 

and not helping me to get my payments lowered. I have complained to numerous 

organizations and have not gotten any help since. Please, help me. I am trying hard 

not to allow my loans to go into default. I am not trying to ignore my loans but how 

can I pay a 2,000 monthly payment. They are not helping me to resolve this 

payment to a payment that I can afford.
15 

Borrowers with federal loans complain that servicers may not consistently 

communicate information about how to recertify for income-driven repayment 

plans. Federal student loan borrowers who enroll in an income-driven repayment plan are also 

required to provide income documentation and updated household size every year to 

demonstrate continued partial financial hardship (a process known as recertification). If a 

borrower fails to recertify, the borrower will receive a bill for a monthly payment equal to the 

ten-year standard payment amount based on the borrower’s loans at the time the loans entered 

the income-driven plan. Recertification requirements exist for borrowers with Direct Loans17

and borrowers with FFELP loans.18 Borrowers complain that they submitted paperwork to 

recertify; however, their servicer did not process it in time to avoid a large jump in their monthly 

payment.19 Borrowers tell us that this forced them to choose between missing a payment, 

requesting forbearance, or submitting a payment amount far greater than what they knew they 

were entitled to under federal law. 

 

17 34 C.F.R. § 685.221 (Income-Based Repayment); 34 C.F.R. § 685.209 (PAYE and ICR). 

18 34 C.F.R. § 682.215 (Income-Based Repayment). 

19 See Consumer Financial Protection Bureau, When you make student loan payments on an income-driven plan, 

you might be in for a payment shock (Aug. 2015), available at http://www.consumerfinance.gov/blog/when-youmake-student-loan-payments-on-an-income-driven-plan-you-might-be-in-for-a-payment-shock. 

My IBR is set to expire on Feb 10, 2014. On Nov 16, 2013, I sent in my reapplication for the IBR program. I contacted [my servicer] to ensure they received 

the application and all the materials were correct. They indicated that the 

application was complete and it takes "37 business days to process the 

applications." It has been well over that time, about 75 days and counting, and still 

no response from [my servicer]. I have called repeatedly and the customer service 

operators all say the same thing. At this time I have cancelled my automatic 

withdrawal and have placed the loan in a one month forbearance. If I did not place 

the loan in "forbearance" the payment due on Feb 10 would have been $815.00, 

radically higher than the $216.00 I had been paying through the IBR program. I 

hate having to place anything in forbearance. 
16 

Borrowers enrolled in automatic payments may face additional costs when

recertification is not processed on time. Borrowers enrolled in automatic payments (autodebit) with their servicers report unexpectedly higher payments being withdrawn from their 

bank account automatically when recertification under an IDR is not processed by their annual 

deadline. Borrowers who do not maintain a high enough balance in their checking accounts to 

cover an unexpected higher payment may be charged overdraft fees by their financial 

institutions or fees for insufficient funds (NSF) by their servicers if their payments are rejected. 

Borrowers complain that if they do not recertify on time, they lose benefits, face 

increased costs, and lose credit toward loan forgiveness. As noted above, federal loan 

borrowers enrolled in income-driven repayment plans are required to submit documentation 

recertifying their income and household size on an annual basis in order to continue making 

monthly payments tied to their income (PFH payments). 

Many borrowers enrolled in income-driven repayment plans pay less each month than the 

interest that accrues on their loans. These borrowers’ loan balances will grow over time as they 

continue to make PFH payments. However, income-driven repayment plans offer an important 

protection for borrowers who recertify on time each year—unpaid interest does not get added to 

the outstanding principal balance.20 Borrowers for whom recertification is not timely forfeit this 

benefit and unpaid interest is capitalized, increasing the cost of the loan, often substantially. 

Another benefit of income-driven repayment plans is the opportunity for loan forgiveness after 

20 or 25 years of payments. For these borrowers enrolled in income-driven repayment plans, 

every month that they make a qualifying payment helps to satisfy a prerequisite to obtain loan 

forgiveness.21 However, if a servicer fails to promptly process applications for either of these 

 

20 For borrowers enrolled in PAYE, capitalization is capped at 10 percent of the principal balance at the time the 

borrower enrolled in PAYE. For borrowers enrolled in ICR, capitalization is capped at 10 percent of the principal 

balance at the time the borrower entered repayment. 34 C.F.R. § 685.209(a)(2)(iv)(B)(1) (PAYE); 34 C.F.R. § 

685.209(b)(3)(iv) (ICR). There are no restrictions on the amount of unpaid interest that may be capitalized for 

borrowers enrolled in IBR. For borrowers who may experience PFH for a number of years, capitalization of unpaid 

interest can substantially increase the total cost of their loans. See 34 C.F.R. § 685.221 (IBR for Direct Loans); 34 

C.F.R. § 682.215 (IBR for FFELP). 

21 For the purpose of calculating eligibility for loan forgiveness under IBR or PAYE, servicers are expected to track and 

evaluate the number of qualified payments made by borrowers in order to ensure that, in total, 20 or 25 years of 
17 

repayment plans, borrowers report that they experience two kinds of negative consequences. 

First, borrowers complain that they are forced to pay the higher monthly payment, thus 

decreasing the amount entitled to be forgiven (if the borrower reaches forgiveness). Second, 

borrowers complain that delayed processing forces borrowers to use forbearance, thus 

extending the eligibility date for forgiveness by each month that it takes to approve the 

recertification application. Both of these could result in hundreds or thousands of dollars in 

additional payments paid by the borrower. 

Providing borrowers with accurate and timely information about their loans, including available 

repayment options and associated terms and conditions, is one of the most critical aspects of 

loan servicing. The vast majority of borrowers with federal student loans have the right under 

federal law to apply for income-driven repayment plans. When borrowers struggle to obtain 

information about these programs or default without taking advantage of income-driven 

repayment plans, a servicing breakdown may often be the cause. 

 

payments have been provided. For the purpose of determining eligibility for loan forgiveness, “payments” can include 

months during which a $0.00 payment was made under an IDR plan. Months during which a borrower enrolled in 

forbearance, however, do not qualify toward loan forgiveness. See, e.g., 34 C.F.R. § 685.209. 
18 

3. Ombudsman’s discussion 

Based on the issues and themes described in Section Two, the student loan ombudsman offers 

commentary relevant to the student loan marketplace. This discussion represents the student 

loan ombudsman’s independent judgment and does not necessarily represent the view of the 

Consumer Financial Protection Bureau. 

3.1 Utilization of income-driven repayment 

plans

Federal student loans feature a range of alternative repayment plans designed to provide 

borrowers with additional flexibility when entering repayment or experiencing financial 

hardship.22 Access to the protections available under these plans may mean the difference 

between keeping up with a financial obligation and becoming delinquent. Delivering adequate 

service is particularly critical in the student loan servicing market for exactly these reasons. As 

discussed in the previous section, the Bureau has heard through complaints from individual 

student loan borrowers that borrowers experiencing financial hardship may not be able to 

understand and enroll in appropriate programs without timely, accurate, and actionable 

information from their student loan servicer. 

 

22 For further discussion on income-driven repayment plan, see Appendix A. 
19 

In May 2015, the Bureau issued a Request for Information on Student Loan Servicing.23 In 

September 2015, the Bureau published a report describing the comments submitted in response 

to the Request for Information on Student Loan Servicing, including problems reported by 

borrowers.24 The report’s discussion of public comments relating to specific student loan 

servicing practices may provide additional context for readers seeking to better understand 

problems and practices. Issues identified in this discussion include: 

 Federal student loan borrowers stated that they were not informed about interest 

subsidies, loan forgiveness, or other benefits associated with income-driven repayment 

plans;25

 Borrowers report that servicers drove them to a short-term program, such as 

forbearance, that may be more expensive over time—even though an alternative 

repayment plan, such as an income-driven repayment plan, would have been a better 

long-term solution;26

 Borrowers who do enroll in an income-driven repayment plan and continued to 

experience financial hardship encountered problems retaining a payment level that 

reflects their income, following breakdowns in the annual process used to certify their 

income and household size.27

 

23 Consumer Financial Protection Bureau, Request for Information Regarding Student Loan Servicing (May 2015), 

available at http://www.consumerfinance.gov/students/request-for-information-on-student-loan-servicing. 

24 See Consumer Financial Protection Bureau, Student Loan Servicing (Sept. 2015), available at

http://www.consumerfinance.gov/reports/student-loan-servicing/. Many of the comments submitted in response to 

the RFI suggest that some student loan servicers may fail to provide the service necessary to meet borrowers’ needs. 

Borrowers and other stakeholders also identify problems such as lost paperwork and misapplied payments. 

Borrowers state that they find it difficult to have errors corrected. Borrowers with both federal and private loans also 

report that they continue to experience serious problems accessing affordable repayment options or other repayment 

alternatives to avoid default. 

25 See id. 

26 Id. 

27 Id. 
20 

Complaints received by the Bureau, as discussed in the previous section, mirror the issues 

identified in this recent report. 

CURRENT SERVICING PRACTICES MAY BE INADEQUATE TO ASSIST BORROWERS IN 

DISTRESS 

Recent data cited by the Government Accountability Office (GAO), economists, and federal 

agencies support the Bureau’s observations and suggest that these servicing problems may be 

experienced by a broad segment of student loan borrowers. 

 Borrowers who may be eligible for income-driven repayment plans are not 

enrolling. A recent report by the GAO found that 51 percent of all Direct Loan 

borrowers would benefit from an income-driven repayment plan, yet fewer than 20 

percent were enrolled (40 percent of potentially eligible borrowers).28 In addition, this 

study revealed that 70 percent of borrowers in default had income that would entitle 

them to a reduced monthly payment under one of these plans.29 

 Borrowers who attend for-profit colleges or two-year colleges make up 70 

percent of all borrowers in default, according to one recent analysis. Yet the 

median debt burden and median wages of these borrowers suggest that the 

average borrower likely would qualify for a $0.00 or a substantially lower 

loan payment under an income-driven repayment plan. A recent working paper 

analyzing a sample of loan performance data provided by the Department of Education 

 

28 See U.S. Government Accountability Office, GAO-15-663, Federal Student Loans: Education could do more to help 

ensure borrowers are aware of repayment and forgiveness options (Aug. 2015), available at

http://www.gao.gov/products/GAO-15-663 (stating that using its income tax data and the Department of Education’s 

student loan data, the Department of Treasury estimates that about half (51 percent) of Direct Loan borrowers were 

eligible for IBR as of September 2012. Of these eligible borrowers, an estimated 20 percent participated in IBR or ICR, 

the only income-driven repayment plans available at the time of Treasury’s analysis.). Note that an income-driven 

repayment program may not be the best repayment plan for all borrowers. Some borrowers may choose non-standard 

repayment plans, such as the Extended or Graduated plans, which may offer lower initial monthly payments than 

income-driven plans. Some borrowers may choose to not participate in income-driven repayment plans, as some may 

prefer to pay off their loans and avoid potential increased loan costs which may be generated by unpaid interest in 

income-driven repayment plans. 

29 See id. 
21 

and administrative wage data provided by the Department of the Treasury found that the 

median debt level for borrowers formerly enrolled at for-profit schools or two-year 

colleges (characteristics shared by 70 percent of defaulted borrowers in the author’s 

sample) were modest ($10,000-$11,000).30 The authors also found that median wages 

for these borrowers were very low ($20,900-$23,900). Based on the Bureau’s 

calculation, depending on a borrower’s family size, borrowers with these characteristics 

may be eligible to make a $0.00 monthly payment under PAYE or IBR. For single 

borrowers who attended a for-profit college with no dependents, a borrower with a 

median debt burden and median wages would be entitled to pay $27 per month under 

Pay As You Earn—a 75 percent reduction from the payment amount due under the 

standard 10-year repayment plan.31 

 Problems may continue for borrowers in income-driven repayment plans 

seeking to maintain an affordable monthly payment. In addition, data released 

by the Department of Education related to the performance of borrowers with Direct 

Loans suggests that these problems may continue after enrollment. Nearly 60 percent of 

borrowers missed their annual deadline to recertify under an income-driven repayment 

plan, triggering a spike in monthly payment and potentially increasing the total cost of 

their debt through capitalization of unpaid interest and other negative consequences.32

 The identity of the student loan servicer assigned to service a borrower’s 

loan may impact future loan performance. A study released by the Association of 

Community Colleges Trustees (ACCT) examined the performance of a cohort of federal 

 

30 Adam Looney & Constantine Yannelis, A Crisis in Student Loans? How Changes in the Characteristics of 

Borrowers and in the Institutions they Attend Contributed to Rising Loan Defaults, BPEA Conference Draft, The 

Brookings Institution (Sept. 2015), available at http://www.brookings.edu/~/media/projects/bpea/fall2015_embargoed/conferencedraft_looneyyannelis_studentloandefaults.pdf. 

31 In order to perform this analysis, the Bureau assumed that the borrower entered repayment with the median debt 

burden identified by the authors and assumed that the debt was composed entirely of Direct Subsidized Loans 

carrying a 4.29 percent interest rate (the current interest rate for Direct Subsidized and Unsubsidized Loans made to 

undergraduates). 

32 U.S. Department of Education, Sample Data on IDR Recertification Rates for ED-Held Loans (Nov. 2014), 

available at http://www2.ed.gov/policy/highered/reg/hearulemaking/2015/paye2-recertification.pdf. 
22 

loan borrowers attending community colleges in Iowa using administrative loan 

performance data provided by school financial aid offices.33 This analysis revealed that 

default rates for seemingly-similar borrowers varied substantially depending on the 

identity of a borrower’s student loan servicer.34 In one case, nearly three quarters (73.1 

percent) of all borrowers assigned to one specific servicer ended up in default.35 ACCT 

also observed that, of the six other servicers who handled loans for 1,500 borrowers or 

more, the share of borrowers who defaulted ranged from approximately 5 percent to 

more than 20 percent. 

As the GAO notes, “the inconsistency and gaps we identified in how . . . loan servicers 

communicate with borrowers about income-driven repayment raise questions about the 

sufficiency of this information. Without such information, borrowers who are unaware of these 

plans may miss the opportunity to reduce their risk of delinquency or default.”36 Recognizing the 

need to improve the delivery of actionable information to student loan borrowers, the 

Department of Education has pursued a direct-to-consumer education campaign to encourage 

enrollment in IDR plans by borrowers with Direct Loans—outreach separate from the service 

provided by its contractors. However, the recent publications discussed above and the problems 

highlighted in the complaints discussed in this report raise serious questions about whether, 

despite such efforts, certain borrowers continue to be ill-served by current student loan 

servicing practices and further support the need for market-wide reform. 

 

33 Association of Community College Trustees, A closer look at the trillion: Borrowing, Repayment, and Default at 

Iowa’s Community College (Sept. 2015), available at 

http://www.acct.org/files/Publications/2015/ACCT_Borrowing-Repayment-Iowa_CCs_09-28-2015.pdf. 

34 Id. 

35 The authors of this study note that "It is important to note that [the servicer with the highest default] rate may be 

inflated because the FY2011 cohort was in repayment during two major shifts in the federal loan programs–the 

Ensuring Continued Access to Student Loans Act of 2008 (ECASLA) and the Student Aid and Fiscal Responsibility 

Act of 2009 (SAFRA)...[This servicer] also reportedly held on to loans that were in late-stage delinquency or that 

otherwise at had a high risk of default so as not to artificially inflate the rates of the other federal servicers.” 

36 U.S. Government Accountability Office, GAO-15-663, Federal Student Loans: Education could do more to help 

ensure borrowers are aware of repayment and forgiveness options (Aug. 2015), available at

http://www.gao.gov/assets/680/672136.pdf. 
23 

ECONOMIC INCENTIVES FOR STUDENT LOAN SERVICERS MAY CONTRIBUTE TO 

LIMITED UTILIZATION OF INCOME-DRIVEN REPAYMENT PLANS 

While federal student loans feature an array of flexible repayment options, it is not clear 

whether third-party student loan servicers have adequate economic incentive to enroll 

borrowers in these options to avoid default.37 

For both private38 and federal student loans, the compensation model used in most third-party 

servicing contracts provides student loan servicers with a flat monthly fee per account 

serviced.39 Although this fee may adjust based on a loan’s repayment status, fees are generally 

fixed on a monthly basis and do not rise or fall depending on the level of service a particular 

borrower requires in a given month. 

 

37 On August 28, 2015, an interagency task force, consisting of the Department of the Treasury, Department of 

Education, Office of Management and Budget, and Domestic Policy Council, suggested specific changes to the 

compensation structure and performance measurements included in federal Direct Loan servicing contracts. These 

recommendations also endorse minimum service-level and borrower communications requirements, recognizing that 

while necessary, realigned incentives alone may be insufficient to achieve these agencies’ goals. U.S. Department of 

Education, Recommendations on Best Practices in Performance-Based Contracting (2015), available at 

http://www2.ed.gov/finaid/loans/repay/best-practices-recommendations.pdf. 

38 Readers should note that alternative repayment plans for private student loans are generally available at the 

discretion of loan holder and are not entitlements under federal law. In some cases, lenders may include these 

programs in the terms of borrowers’ promissory notes. Student loan servicers may be required to provide details 

about the availability of these programs and facilitate enrollment for eligible borrowers. 

39 This monthly servicing fee may be set as a flat dollar amount per month per account, or set based on a percentage of 

a borrower’s aggregate principal balance. In both cases, the fee paid to student loan servicers may vary depending on 

repayment status (generally rising as borrowers transition from “in school” to “in grace” to “in repayment”) but 

generally do not vary depending on the level of service provided in a given month. See, e.g., First Marblehead 

Corporation, Prospectus Supplement: The National Collegiate Student Loan Trust 2007-3 (Sept. 17, 2007), available 

at http://www.snl.com/interactive/lookandfeel/4094003/NCSLT_2007_3_FPS.PDF; U.S. Department of Education, 

Title IV Redacted Contract Awards 12-13, available at https://www.fbo.gov/spg/ED/FSA/CA/FSA-TitleIV09/listing.html. For Direct Loans, contracts fix monthly compensation on a per-borrower basis, and the 

compensation depends on the repayment status of each borrower being serviced. See also U.S. Department of 

Education, Student Aid Administration Fiscal Year 2015 Request at AA-15, available at

http://www2.ed.gov/about/overview/budget/budget15/justifications/aa-saadmin.pdf (estimating the average cost 

per-borrower to be $1.67 per month, based on the contractual prices and the proportion of borrowers with different 

repayment statuses). 
24 

The current contract incentive structure put in place by the Department of Education for loans it 

holds employs a fee schedule that declines as borrowers reach increasingly severe stages of 

delinquency.40 In effect, this contract structure attempts to incent servicers to direct resources in 

order to assist borrowers prior to default. In contrast, certain servicing contracts for securitized 

student loans provide a fixed monthly fee for all borrowers in “repayment” status, which 

includes current accounts, accounts in repayment but not current, accounts in forbearance, and 

accounts in IDR plans.41

The fixed fee structure may create an economic disincentive to address borrower distress since 

compensation remains fixed irrespective of the services a borrower needs in a given month and 

the servicer will likely incur unreimbursed costs when seeking to mitigate default.42 

Notably, the effects of this compensation structure on servicing practices may also contribute to 

other problems identified by student loan borrowers experiencing financial distress. Borrowers 

have stated that servicers may encourage them to enroll in programs designed to provide shortterm relief rather than those designed to lower monthly payments over a longer time period. 

Student loan borrowers, borrower assistance organizations, and other stakeholders have 

expressed concern that these servicing practices, particularly for federal student loans not held 

by the Department of Education, are driven by servicers’ incentives.43 In effect, servicers may 

 

40 U.S. Department of Education, Title IV Redacted Contract Awards 12-13, available at

https://www.fbo.gov/spg/ED/FSA/CA/FSA-TitleIV-09/listing.html. 

41 See, e.g., Nelnet Student Loan Funding, LLC, Nelnet Student Loan Trust 2011-1 Offering Memorandum (Feb. 2011), 

available at http://www.nelnetinvestors.com/dsdownloads.cfm?CategoryID=5164&Year=2011; Navient Corporation, 

Prospectus Supplement to Base Prospectus dated May 14, 2014, available at https://www.navient.com/assets/2014-

1.pdf. 

42 Companies servicing securitized loans made under the FFEL program may have an additional disincentive to 

facilitate enrollment in income-driven repayment plans—bonds backed by these student loans may default if loans are 

not paid on schedule. As a number of credit rating agencies have noted, increased utilization of various borrower 

protections has increased the risk of default for these securities. 

43 See, e.g., Consumer Financial Protection Bureau, Request for Information Regarding Student Loan Servicing, 80 

Fed. Reg. 29302, Docket ID CFPB-2015-0021, CFPB-2015-0021-0364 (“In the context of FFEL servicing, it is also 

possible that servicers have an additional financial disincentive to enroll borrowers in IBR. FFEL loans can be 

securitized, unlike Direct Loans. Recently, rating agencies have downgraded FFEL-backed securities in part because 

of increased enrollment in IDR plans.”). 
25 

prefer to facilitate enrollment in short-term programs as a way to limit the length and volume of 

customer contacts and manage costs—enrollment in short-term programs can generally be 

completed verbally during a single phone call, while longer-term arrangements require 

processing of paperwork and additional customer contacts. 

In August 2015, an interagency task force, consisting of the Department of the Treasury, 

Department of Education, Office of Management and Budget, and White House Domestic Policy 

Council, released recommendations “to ensure that contractors providing student loan servicing 

help borrowers responsibly make monthly payments on their student loans,” developed in 

consultation with the Bureau and other stakeholders.44 These recommendations suggest specific 

changes to the compensation structure and performance measurements included in federal 

Direct Loan servicing contracts.45 Although these recommendations focus on opportunities to 

improve contract incentives for borrowers with loans held by the Department of Education, 

investors, trustees, and companies structuring new securitizations may wish to consider 

adjusting servicers’ compensation to encourage specific outcomes.46 

VAST MAJORITY OF BORROWERS WITH PRIVATELY-HELD, FEDERALLY-GUARANTEED 

STUDENT LOANS MADE BY PRIVATE LENDERS (COMMERCIAL FFELP) DO NOT 

UTILIZE INCOME-DRIVEN REPAYMENT PLANS 

Data on utilization and performance of borrowers enrolled in income-driven repayment plans is 

not widely available to the public. The Department of Education does publish summary 

information related to utilization of these programs by Direct Loan borrowers,47 but this 

 

44 See Dept. of Education, Best Practices, supra note 37. 

45 See U.S. Department of Education, Another Step Forward Under the Student Aid Bill of Rights (Aug. 28, 2015), 

available at http://www.ed.gov/blog/2015/08/another-step-forward-under-the-student-aid-bill-of-rights/. 

46 Readers should also note that, even as the Department of Education attempts to improve incentives for its 

contractors, student loan market participants structuring new securitizations of FFELP loans continue to rely on 

servicing compensation models that may offer disincentives to assist borrowers in distress, even when the issuer is the 

same corporate entity as the student loan servicer and retains residual interest in the trust. 

47 See U.S. Department of Education, Federal Student Aid Data Center, available at

https://studentaid.ed.gov/sa/about/data-center/student/portfolio. 
26 

information lacks key indicators, including servicer-level information about the share of 

borrowers making payments that reflect their income (PFH payments) and information about 

the performance of borrowers enrolled in these programs. In contrast to the information 

published about federal loans held by the Department of Education, very little information is 

available about income-driven repayment plan utilization for borrowers with FFELP loans.48 

In recent months, national credit rating agencies have expressed concerns over the performance 

of certain securitizations of FFELP loans, in part based on increased utilization of income-driven 

repayment plans by FFELP borrowers and by the reliance on forbearance, and to a lesser extent 

deferment, by borrowers with these loans.49 These analyses suggest a potential tension between 

borrowers’ legal right to access alternative repayment plans and student loan trust issuers’ 

economic incentive to ensure that bonds backed by these loans perform on schedule. In order to 

address the lack of public information about the utilization of these programs by borrowers with 

commercial FFELP loans, the Bureau sought to obtain additional information about the 

performance of these loans, as discussed below. 

In February 2015, the Bureau asked a number of companies with portfolios of privately-held 

FFELP loans (commercial FFELP) to provide portfolio-level information about income-driven 

payment plan utilization.50 Using information provided in response to this request, the Bureau 

 

48 A substantial share of outstanding FFELP loans is securitized. Limited information about the utilization of these 

IDR plans is made public in investor disclosures and analyses performed by credit rating agencies. In recent months, 

two credit rating agencies have downgraded a number of bonds backed by FFELP loans, citing increased utilization of 

income-driven options. See, e.g., Moody’s Investors Service, Moody’s reviews for downgrade 106 tranches from 57 

FFELP student loan securitizations as a result of the risk of default at maturity, (Jun. 22, 2015), available at

https://www.moodys.com/research/Moodys-reviews-for-downgrade-106-tranches-from-57-FFELP-student--

PR_328361. 

49 Readers should note that pressure on trusts backed by commercial FFELP loans should not impact access to credit 

for future borrowers. Since Congress enacted the SAFRA Act in 2010, private capital is no longer used to fund new 

originations of federal student loans. For further discussion, see Susan Dynarski, No, Student Borrowers Don’t Need 

to Worry About Loan Market Turmoil, N.Y. Times (Sept. 29, 2015), available at

http://www.nytimes.com/2015/09/30/upshot/no-student-borrowers-dont-need-to-worry-about-loan-marketturmoil.html?_r=0. 

50 Consumer Financial Protection Bureau, Letter from Rohit Chopra to Market Participants on Student Loan 

Modifications (Jan. 2015), available at http://files.consumerfinance.gov/f/201501_cfpb_request_ffiec-interagencyguidance-student-loan-information.pdf. 
27 

analyzed a sample that included portfolio-level summary information51 of more than $150 

billion in commercial FFELP loans collectively owed by more than 7.5 million borrowers as of 

December 31, 2014. This is not a statistically-valid, random sample and these results should not 

be interpreted to suggest significance. However, given that this sample includes information 

about approximately 60 percent of all privately-held FFELP student loans outstanding,52 it may 

offer readers insight into common experiences for borrowers with privately-held FFELP loans 

serviced by large, nonbank specialty student loan servicers. 

Readers should note that there are important differences between the composition of loans in 

the FFELP portfolio and in the Direct Loan program. In particular, FFELP portfolios have a 

greater share of more seasoned loans, as the most recent FFELP origination occurred during the 

2009-2010 academic year.53 In addition, FFELP portfolios may also have a higher proportion of 

consolidation loans, which may have longer repayment terms and, consequently, relatively 

lower monthly payment amounts.54 Furthermore, the most generous income-driven repayment 

plan, Pay As You Earn (PAYE), is unavailable to borrowers with FFELP loans. These distinctions 

may make income-driven repayment plans less appealing or useful to certain borrowers with 

FFELP loans. 

However, given the limited public data available related to the performance of FFELP loans, this 

comparison may provide important context to policymakers and market participants seeking to 

understand the diversity of servicing practices in the student loan market. Stakeholders may 

 

51 Information provided in response to this voluntary request, which was not a confidential supervisory request, did 

not include any loan-level records related to any individual student loan borrowers, and did not include any 

personally identifiable information (PII). 

52 As of the end of FY14, the Department of Education estimated that $256 billion in commercial FFELP loans remain 

outstanding. The Bureau’s FFELP sample included information about performance of $162 billion in commercial 

FFELP. 

53 Readers should also note that the fact that loans that are paid down are excluded from both the FFELP and Direct 

Loan estimates might have a larger effect on FFELP estimates since there may mechanically be a lower proportion of 

borrowers who are current on standard 10-year repayment plans. In effect, a greater share of FFELP loans have been 

repaid, which may result in a larger concentration of delinquent borrowers. 

54 Additionally, a significant portion of FFELP consolidation loans charge very low fixed rates (some below 3 percent), 

and thus may not follow the historical prepayment rates for older loans that carry higher interest rates. 
28 

also wish to consider whether certain characteristics about borrowers in this sample, including 

average balances, delinquencies, and forbearance utilization, suggest underutilization of 

income-driven repayment plans by some FFELP borrowers. 

The segment of the student loan market comprised of FFELP loans shows a higher level of 

distress than the market as a whole. Based on the Bureau’s analysis, at least 30 percent of 

borrowers with FFELP loans are either in default or more than 30 days past due. In contrast, 

approximately 25 percent of student loan borrowers are in default or more than 30 days past 

due, market-wide. The Bureau’s analysis also reveals fewer than six percent of borrowers with 

commercial FFELP loans in our sample were enrolled in an income-driven repayment plan at 

the end of 201455—substantially lower than the utilization of income-driven repayment plans by 

borrowers with Direct Loans.56 The results from our analysis and assessment of company 

responses to this information request are described below.57

Fewer than 6 percent of commercial FFELP borrowers are enrolled in an incomedriven repayment plan. Our analysis of the responses provided by FFELP servicers, when 

compared to publicly-available data on the Direct Loan program, reveals that commercial 

FFELP borrowers utilize income-driven repayment plans at nearly one-third of the rate of 

borrowers in the Direct Loan program. At the end of calendar year 2014, nearly 16 percent (15.9 

 

55 Readers should note that the following analysis compares information about loans serviced by respondent student 

loan servicers as of December 31, 2014, with information published by the U.S. Department of Education related to 

income-driven repayment plan utilization by Direct Loan borrowers as of the end of FY15Q1 (Dec. 31, 2014). For more 

information about income-driven repayment plan utilization in the Direct Loan portfolio, see U.S. Department of 

Education, Federal Student Aid Data Center: Federal Student Aid Portfolio Summary (accessed on Aug. 22, 2015), 

available at https://studentaid.ed.gov/sa/about/data-center/student/portfolio. 

56 The limited data available about the utilization of these plans has been released by the Department of Education 

related to performance of the Direct Loan program. There may be significant cohort effects that contribute to loan 

performance in a specific repayment plan. For example, by definition, borrowers in PAYE may not have federal loans 

originated prior to 2007. Readers should also note that IDR utilization has nearly doubled since 2013 and a 

significant number of borrowers may not have been required to recertify income under these arrangements because 

they have not yet been enrolled for a full year. In addition, significant gaps in data remain related to utilization and 

performance of alternative repayment arrangements for both FFELP and private student loans. 

57 In order to control for some of the differences between the Direct Loan portfolio and our FFELP sample, the Bureau 

compared FFELP loans in repayment status to Direct Loans in repayment status (excluding loans in “in school” and 

“in grace” status from this analysis). 
29 

percent) of Direct Loan borrowers were enrolled in an income-driven repayment plan, 

compared to fewer than 6 percent (5.9 percent) of borrowers in our FFELP sample (See Figure 

6). As a share of outstanding principal, servicers in our FFELP sample reported income-driven 

repayment plan utilization at less than half of the rate of the Direct Loan program (11.2 percent 

v. 30.3 percent). 
30 

FIGURE 6: INCOME-DRIVEN PAYMENT PLAN UTILIZATION AS A SHARE OF PORTFOLIO IN REPAYMENT, BY 

PROGRAM58

As noted above, certain characteristics of outstanding FFELP portfolios may mean that these 

borrowers are less likely to benefit from IDR plans than borrowers with Direct Loans, which 

may explain some of the gap in utilization rates. However, certain characteristics of our FFELP 

sample suggest that many of these borrowers may benefit from IDR enrollment, but have not 

obtained one. 

The average balance in the commercial FFELP loan sample was lower than the 

average balance in the Direct Loan portfolio; however, the average balance of a 

delinquent borrower in the FFELP loan sample was higher. The average balance of a 

delinquent borrower in the FFELP sample ($21,970) was nearly 15 percent higher than the 

average balance of a delinquent borrower in the Direct Loan portfolio ($19,280) (Figure 7). In 

 

58 Information in this chart about FFELP is not based on random sample, the population may not be representative of 

all borrowers with privately-held FFELP loans and readers should not infer statistical significance based on this 

analysis. However, given that this sample includes information about approximately 60 percent of all privately-held 

FFELP student loans outstanding, it may offer readers insight into the experience for a borrower with a privately-held 

FFELP loan serviced by a large, nonbank specialty student loan servicer. 
31 

contrast, the average balance of a borrower across the FFELP sample ($19,900) was 35 percent 

lower than the average balance of a borrower in repayment in the Direct Loan ($26,970). It is 

important to note that balances include both original principal as well as capitalized interest and 

fees. 

FIGURE 7: AVERAGE BALANCE FOR ALL BORROWERS AND DELINQUENT BORROWERS IN REPAYMENT, 

BY PROGRAM59

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$30,000

Delinquent Borrowers All Borrowers

Commercial FFELP

Direct Loans

More than 12 percent borrowers with commercial FFELP loans are more than 30-

days past due. Our sample shows continued signs of distress among borrowers with 

commercial FFELP loans at levels comparable to the Direct Loan program. By outstanding 

principal balance, the FFELP sample reflects a share of loans more than 30 days past due that 

was 25 percent greater than the share of delinquent loans in the Direct Loan portfolio (13.5 

percent v. 10.8 percent). In contrast, the FFELP sample reflects a smaller share of borrowers in 

 

59 Information in this chart about FFELP is not based on a statistically-valid, random sample and readers should not 

infer statistical significance based on this analysis. However, given that this sample includes information about 

approximately 60 percent of all privately-held FFELP student loans outstanding, it may offer readers insight into the 

experience for a borrower with a privately-held FFELP loan serviced by large, nonbank specialty student loan 

servicers. 
32 

distress than the Direct Loan program (12.2 percent v. 15.1 percent). In addition, portfolio data 

published by the Department of Education shows that the share of FFELP borrowers in default 

(including both commercial FFELP and FFELP held by the Department of Education) is 

substantially higher than the share of borrowers in default on Direct Loans, both on a borrower 

basis (23 percent v. 14 percent) and on a dollar basis (8 percent v. 17 percent).60 

More than 10 percent of borrowers were enrolled in forbearance in both our 

commercial FFELP sample and in the Direct Loan program. Many borrowers, with 

both FFELP and Direct Loans, may utilize forbearance for a myriad of different reasons, 

including short-term periods of unemployment and financial hardship. However, forbearance is 

not the best option for many borrowers experiencing long-term financial hardship.61

Borrowers in the commercial FFELP sample and in the Direct Loan portfolio rely on forbearance 

at comparable levels. Nearly 15 percent of outstanding principal in the commercial FFELP 

sample is in forbearance, compared to just over 16 percent of outstanding principal in the Direct 

Loan program. Approximately 10 percent of borrowers in the commercial FFELP sample are 

enrolled in forbearance, compared to approximately 13 percent of Direct Loan borrowers.62

Taken together, this snapshot of commercial FFELP performance raises additional questions 

about the adequacy of current servicing practices for borrowers with these loans. As the 

following section discusses in greater detail, the public would also benefit from increased 

transparency around performance of these loans. 

 

60 In order to control for some of the differences between the Direct Loan portfolio and the FFELP portfolio, the 

Bureau compared FFELP loans to Direct Loans in repayment statuses and default status (excluding loans in “in 

school” and “in grace” status from the denominator in this data point). See U.S. Department of Education, Federal 

Student Aid Portfolio Summary (accessed on Oct. 7, 2015), available at https://studentaid.ed.gov/about/datacenter/student/portfolio.

61 For further discussion, see Consumer Financial Protection Bureau, Student Loan Servicing (Sept. 2015), available 

at http://www.consumerfinance.gov/reports/student-loan-servicing/. 

62 The Bureau’s sample also revealed variation between servicers’ use of forbearance. At one servicer, more than 12 

percent of borrowers used forbearance, compared to an average of 10 percent across our sample. 
33 

3.2 A path forward 

In September 2015, the Bureau revealed that more than 25 percent of student loan borrowers 

are delinquent or in default on a student loan, calling for industrywide reforms to assist student 

loan borrowers, including those experiencing financial distress. As the preceding sections of this 

report suggests, many borrowers may encounter substantial servicing problems when repaying 

older federal loans made by banks and other private lenders and distress appears to be more 

concentrated in this segment of the student loan market. These servicing problems may 

contribute to continued distress, despite the availability of income-driven repayment plans. The 

preceding discussion of economic incentives and the Bureau’s analysis of commercial FFELP 

performance data both suggest that borrowers may not be adequately served by current 

practices. 

When considering steps to improve the services and information provided to student loan 

borrowers, policymakers may be inclined to focus on borrowers with federal Direct Loans, which 

are the source of more than 90 percent of new student loan originations. Even though no new 

federal loans have been made by private lenders under FFELP in more than five years, 

borrowers with these loans still comprise nearly one-third (31 percent) of all outstanding federal 

student loans.63 Policymakers should take steps to ensure that any initiatives to reform the 

student loan servicing market address continuing distress among borrowers with FFELP loans. 

Taken together, the preceding discussion offers additional support for the Bureau’s recent 

recommendation that policymakers pursue industrywide standards for student loan servicers. 

The Bureau, the Department of Education, and the Department of the Treasury noted in their 

recent Joint Statement of Principles on Student Loan Servicing that borrowers and servicers 

would benefit from a clear set of expectations.64 

 

63 See U.S. Department of Education, Federal Student Aid Portfolio Summary (accessed on Oct. 7, 2015), available 

at https://studentaid.ed.gov/about/data-center/student/portfolio. 

64 See U.S. Department of the Treasury, U.S. Department of Education and Consumer Financial Protection Bureau, 

Joint Statement of Principles on Student Loan Servicing (Sept. 2015), available at

http://files.consumerfinance.gov/f/201509_cfpb_treasury_education-joint-statement-of-principles-on-studentloan-servicing.pdf. 
34 

In addition, policymakers should consider additional steps to expand public access to data on 

student loan performance and the utilization of alternative repayment plans, including incomedriven repayment plans. 

Compile and publish data on student loan performance, including metrics on 

default, delinquencies and utilization of forbearance, preferably at the servicer 

level. As we have discussed in this report and in past publications, public data on student loan 

performance is limited when compared to available data on origination and performance of 

other consumer financial products, particularly mortgages65–a view shared by regulators,66

researchers,67 and industry leaders.68 To address these gaps in available data, policymakers 

should consider establishing a uniform set of metrics on student loan performance for all types 

of student loans. Student loan performance metrics could include: 

 Servicer-level performance data, including metrics on delinquency, default, and 

utilization of forbearance; 

 Servicer-level performance data on loan performance for borrowers who have previously 

been in default, including information about long-term outcomes for these borrowers 

and metrics on re-defaults; and 

 Metrics on loan performance based on certain borrower characteristics, including debt 

burden, school type, and completion. 

 

65 See Consumer Financial Protection Bureau, Testimony of Rohit Chopra before the Senate Committee on the 

Budget (May 2014), available at http://www.consumerfinance.gov/newsroom/written-testimony-of-rohit-choprabefore-the-committee-on-the-budget; see also Consumer Financial Protection Bureau, Student Loan Servicing (Sept. 

2015), available at http://www.consumerfinance.gov/reports/student-loan-servicing/. 

66 See, e.g. Federal Reserve Bank of New York, Opening Remarks at the Convening on Student Loan Data Conference

(Mar. 4, 2015), available at http://www.ny.frb.org/newsevents/speeches/2015/dud150304.html. 

67 Susan Dynarski, We’re Frighteningly in the Dark About Student Debt, N.Y. Times (Mar. 20, 2015), available at

http://www.nytimes.com/2015/03/22/upshot/were-frighteningly-in-the-dark-about-student-debt.html. 

68 See, e.g., Richard Hunt, How to fix the student loan mess (Oct. 2015), available at

http://www.cnbc.com/2015/09/21/how-to-fix-the-student-loan-mess-commentary.html (“[T]ransparency for federal 

loan-performance data should be increased...clear and honest reporting to the public is critically important. If federal 

programs are going to improve, taxpayers and policymakers must understand the problem.”). 
35 

Robust performance metrics can better position policymakers and market participants to target 

resources to assist at-risk consumers and can inform future initiatives to establish industrywide 

standards for the servicing of student loans. 

Compile and publish data on alternative repayment plan utilization for federal and 

private student loans and on the performance of borrowers enrolled in these 

plans, preferably at the servicer level. To address gaps in available data related to 

utilization and performance of borrowers in alternative repayment plans, policymakers should 

consider establishing a uniform set of industrywide metrics on alternative repayment plan 

utilization and performance, including robust information about income-driven repayment 

plans. Policymakers may also wish to consider whether there is an opportunity to aggregate and 

publish this data on a periodic basis in order to facilitate comparison in performance among 

student loan servicers. 

Borrowers, market participants, and regulators would all benefit from the periodic publication 

of data related to: 

 Servicer-level utilization and performance data specific to income-driven repayment 

plans, including data on the share of borrowers making partial financial hardship (PFH) 

payments; 

 Servicer-level data on certain practices related to income-driven repayment plans, 

including recertification of income and alternative documentation of income; and 

 Servicer-level utilization and performance data on other payment arrangements, 

including graduated repayment plans and term extensions. 

In addition to informing future regulatory, enforcement, and market-monitoring work by 

federal agencies and law enforcement officials, the compilation of these metrics may also 

provide incentives for servicers to improve performance and proactively resolve servicing issues. 
36 

4. Contact information 

To reach the CFPB’s Student Loan Ombudsman: 

By email students@cfpb.gov

By mail Consumer Financial Protection Bureau 

1700 G Street NW 

Washington, DC 20552 

To submit a complaint:

Online consumerfinance.gov/complaint

By phone Toll-Free: (855) 411-CFPB (2372) 

Español: (855) 411-CFPB (2372) 

TTY/TDD: (855) 729-CFPB (2372) 

By fax (855) 237-2392 

By mail Consumer Financial Protection Bureau 

PO Box 4503 

Iowa City, Iowa 52244 

Press and media requests

By email press@consumerfinance.gov 

Additional resources to assist student loan borrowers

Repay Student Debt web tool 

http://www.consumerfinance.gov/paying-for-college/repay-student-debt 

Paying for College suite of tools 

www.consumerfinance.gov/paying-for-college/ 

Ask CFPB 

http://www.consumerfinance.gov/askcfpb/ 
37 

Appendix A 

The federal student loan market is comprised principally of two types of student loans, one of 

which are still available to new students at origination: federally-guaranteed loans made 

through the Federal Family Education Loan Program, which was discontinued in 2010, and 

federal Direct Loans.69 

 Federal Family Education Loan Program (FFELP): More than $370 billion70 in 

outstanding student loans were made under FFELP.71 While FFELP loans were generally 

originated using private capital, they were guaranteed by a government or not-for-profit 

entity, and reinsured by the federal government. These loans are serviced either by the 

loan holders themselves or by third-party student loan servicers pursuant to contracts 

with the loan holders. A noteworthy portion of these loans serve as collateral for assetbacked securities.72 As directed by the 2010 SAFRA Act, the origination of new 

guaranteed loans under FFELP was discontinued. 

 

69 There are additional Federal programs under Title IV which also authorize student loans. For example, one such 

program finances loans made directly by certain post-secondary education institutions through their financial aid 

offices. See 20 U.S.C. § 1087aa et seq. Another offers grants to those who pledge to become teachers. If the recipients 

do not become teachers, then the disbursed funds are converted from grants to loans. See 20 U.S.C. § 1070g et seq. 

70 See U.S. Department of Education, Federal Student Aid Portfolio Summary (accessed on Oct. 7, 2015), available 

at https://studentaid.ed.gov/about/data-center/student/portfolio. 

71 See 20 U.S.C. §§ 1078(b), (c). 

72 See, e.g., Sallie Mae, SLM Corporation: Overview of FFELP and FFELP ABS Transactions (June 18, 2012), 

available at https://www.navient.com/assets/about/investors/webcasts/2012FFELPOverviewvFinal.pdf. 
38 

 Federal Direct Loans: Pursuant to SAFRA, the Department of Education shifted 

primarily to direct lending, providing loans directly to borrowers under the William D. 

Ford Federal Direct Loan program.73 As of the end of calendar year 2014, 28.5 million 

borrowers collectively owed approximately $744 billion in outstanding Direct Loans.74

Direct Loans are serviced by third-parties that contract with the Department of 

Education pursuant to Title IV of the Higher Education Act (HEA).75 After the 

suspension of new FFELP originations, many of the FFELP student loan servicers were 

awarded servicing contracts to begin servicing loans held by the Department of 

Education, including loans made under the Direct Loan program.76 

COMMON INCOME-DRIVEN REPAYMENT PLANS FOR BORROWERS WITH FEDERAL 

STUDENT LOANS 

Since 1994, certain borrowers with federal Direct Loans have had access to income-driven 

repayment plans. Congress and the Department of Education have taken steps to broaden the 

share of borrowers eligible to take advantage of these plans, significantly expanding the 

population of enrolled borrowers. The three largest payment plans for federal student loan 

borrowers are Income-Contingent Repayment (ICR), Income-Based Repayment (IBR), and Pay 

As You Earn (PAYE). 

 

73 Pub. L. No. 111-152, §§ 2101-2213, 124 Stat. 1071 (2010). The Direct Loan Program actually began in 1992, see Pub. 

L. No. 102-325, 106 Stat. 569 (1992), but Federal Direct loans constituted only a small portion of federal student 

lending before the enactment of the SAFRA Act in 2010. 

74 U.S. Department of Education, Data Center: Federal Student Loan Portfolio (accessed on May 7, 2015), Federal 

Student Aid Portfolio Summary, available at https://studentaid.ed.gov/about/data-center/student/portfolio. 

75 20 U.S.C. § 1078(f)(1)(B). 

76 In 2008, the enactment of the Ensuring Continued Access to Student Loans Act (ECASLA) authorized the Secretary 

of Education to take extraordinary measures to ensure students could continue to borrow amid turmoil in the capital 

markets. See Pub. L. No. 110-227.Under this authority, the Department of Education acquired a large volume of loans 

made by private lenders through FFELP and assigned the servicing to certain third parties. Id. Following the 

termination of the FFEL Program, third-party servicers were awarded additional Direct Loan volume through this 

contract. For further discussion, see U.S. Department of Education, Loan Servicing Update (July 2012), available at 

www.ifap.ed.gov/presentations/attachments/NASFAA2012LoanServicingUpdate.ppt. 
39 

Income-Contingent Repayment (ICR). Created in 1994 and limited to borrowers in the 

Direct Loan program, ICR was the first broadly accessible income-driven repayment program 

designed to assist borrowers with low wages relative to their student debt.77 This program 

remains the only income-driven repayment plain available to borrowers with Direct 

Consolidation Loans that include any federal loans made to parents through the PLUS program. 

Borrowers enrolled in ICR are eligible to have any remaining balance forgiven after 25 years of 

monthly payments. There is no income test to enter ICR; payments are limited to 20 percent of 

discretionary household income and there is no upper limit on how much a payment can rise. 

Income-Based Repayment (IBR). In 2007, Congress enacted the College Cost Reduction 

and Access Act (CCRA), authorizing IBR, the first income-driven repayment plan available to 

virtually all borrowers with federal student loans, with the notable exception of parents of 

undergraduate students borrowing through the PLUS program.78 This repayment plan has been 

available since July 1, 2009, and is currently the only income-driven repayment option broadly 

available to student borrowers with loans made under FFELP. Borrowers seeking to enroll in 

this program must certify their income in order to demonstrate partial financial hardship (PFH). 

For borrowers with an adjusted gross income less than 150 percent of the applicable poverty line 

for their family size, this formula entitles these borrowers to make a monthly “payment” of 

$0.00, irrespective of the size of their total federal student loan debt. Any adjusted gross income 

above this threshold is considered to be a borrower’s “discretionary income” under program 

guidelines. This definition of discretionary income has also served as the foundation for 

subsequent income-driven repayment options created since 2007.79 

 

77 20 U.S.C. § 1087a 

78 Pub. L. No. 110-84, 121 Stat. 784 (2007). 

79 For most borrowers seeking to establish partial financial hardship under an income-driven repayment plan, 

servicers must assess borrowers’ debt against their discretionary income, which, as noted above, is defined as their 

Adjusted Gross Income on a federal tax return (AGI) less 150 percent of the poverty line applicable to a borrower’s 

family size. Borrowers also have a right to certify their discretionary income using alternative documentation of 

income (ADOI), if their AGI does not accurately reflect their current financial circumstances. 
40 

Payments under IBR cannot exceed the lesser of 15 percent of a borrower’s discretionary income 

or the amount owed under the standard 10-year repayment plan at the time a borrower enrolled 

in IBR (also known as a borrower’s “permanent standard payment”). Borrowers certify their 

income and household size on an annual basis in order to continue making PFH payments. All 

borrowers in IBR are eligible for loan forgiveness after 25 years of payments under this plan. 

Pay as You Earn (PAYE). The Department of Education has also taken significant steps to 

broaden the income-driven options for borrowers with Direct Loans experiencing PFH. In 

addition to ICR and IBR, certain recent Direct Loan borrowers have a right to enroll in PAYE—

an income driven repayment plan that limits Direct Loan borrowers’ payments to 10 percent of 

their discretionary income and offers loan forgiveness after 20 years of payments.80 

 

80 For borrowers enrolled in PAYE, capitalization is capped at 10 percent of the principal balance at the time the 

borrower enrolled in PAYE. 34 C.F.R. § 685.209(a)(2)(iv)(B)(1).