Join us on LinkedIn Follow us on Twitter Like us on Facebook Follow us on Instagram
 
  OCTOBER RESEARCH STORE Already a subscriber? LOG IN
AddControlToContainer_DynamicNavigation6

College accreditor, lawmakers challenge CFPB’s reach

Email A Friend Printer Friendly Version
0 comments
Inside the Beltway
Friday, October 30, 2015

Consumer Financial Protection Bureau (CFPB) Director Richard Cordray defended the CFPB’s authority to investigate the Accrediting Council for Independent Colleges and Schools (ACICS) at a Politico Morning Money event Oct. 28.

“Our authority is over those who provide financial products or services, or provide material, substantial assistance to those who do,” Cordray said. “If an accrediting agency is facilitating for-profit colleges’ misleading consumers, treating them unfairly and deceptively, then that’s something that we should look at.”

The CFPB’s authority had been challenged in an Oct. 23 letter signed by Sen. Lamar Alexander (R-Tenn.) and Rep. John Kline (R-Minn.). Alexander is chairman of the Senate Committee on Health, Education, Labor and Pensions, and Kline is chairman of the House Committee on Education and the Workforce.

In their letter, the lawmakers requested that the CFPB rescind the civil investigative demand (CID) it sent to ACICS in August and halt any other investigations regarding accreditors or the accreditation process, calling the CFPB’s action an “unprecedented overreach.”

“These accreditors have no experience, expertise or purview with regard to any financial product or financial service that may or may not be offered by an institution of higher education. They also do not offer any consumer financial product that would trigger the jurisdiction of the CFPB,” the letter stated.

Institutions are eligible to participate in federal student aid programs if they are accredited by an accrediting agency recognized by the Department of Education, are authorized to operate by a state and are certified as eligible by the Department of Education.

The lawmakers argued further that the accreditation review of an institution had no direct and immediate impact on the financial activity between the students and the institutions.

“Receiving accreditation by an accreditor recognized by the Department of Education affirms an institution offers education or training that meets a standard of quality sufficient to provide eligible students enrolled at the institution access to federal aid. However, given that a consumer eligible to receive federal student aid has the option of choosing from over 6,000 institutions of higher education, it by no means forces or coerces a consumer toward a particular institution,” the letter stated.

ACICS submitted a petition for the CFPB to set aside its CID on Sept. 14, arguing that it was not a “covered person,” “affiliate” or “service provider” under the Dodd-Frank Act, and therefore not under the CFPB’s jurisdiction. ACICS argued that it does not provide any financial product or service nor assist or support its accredited institutions in procuring and maintaining loan grants from the Department of Education.

The petition also stated that the CFPB failed to identify the nature of the conduct under investigation and was overly broad and unduly burdensome.

According to its website, ACICS was founded in 1912 and is the largest national accrediting organization for degree-granting institutions. It is one of two national accreditors recognized by both the Department of Education and the Council for Higher Education Accreditation. The other national accreditor is the Distance Education Accrediting Commission.

With student loan debt totaling around $1.3 trillion, the CFPB has taken a particular interest in student lending, campus card accounts and for-profit colleges.

The CFPB received a final default judgment against Corinthian Colleges, Inc. on Oct. 28 in its lawsuit alleging that the company – according to a CFPB news release – “lured students into taking out private loans [known as Genesis loans] to cover tuition costs by advertising bogus job prospects and career services.”

As a result of the judgment from the U.S. District Court for the Northern District of Illinois, Corinthian will be required to pay more than $530 million in damages to affected consumers (any consumer who took out a Genesis loan to pay tuition and/or fees to Corinthian from July 2011 through July 2014).

Corinthian filed for bankruptcy and was liquidated earlier this year, so despite this ruling, the company cannot pay the judgment because it was dissolved and its assets distributed according to the liquidation plan in its bankruptcy case. The CFPB had secured more than $480 million in debt relief for Corinthian students from a settlement agreement between the CFPB and ECMC Group, the new owner of certain Corinthian schools.

“The CFPB will continue to pursue relief for consumers harmed by Corinthian’s unlawful conduct. The CFPB remains concerned about efforts to collect on loans made in association with Corinthian’s illegal conduct,” the CFPB stated.

Related Articles

Agency enforcement, guidance target private student lending

Bureau says for-profit college violated CFPA, FDCPA
Today's other top stories
CFPB to rescind a slew of guidance materials dating back to 2011
Trump signs repeals of CFPB overdraft, larger participant rules
Trump to tap CFPB nominee for Treasury role
Federal Reserve acknowledges rising inflation, unemployment risks
Regulatory Roundup: OCC issues guidance on crypto activities, RIF on bank digitalization


COMMENT BOX DISCLAIMER:
October Research is not responsible for the comments posted on its websites by readers. We will do our best to remove comments that include profanity or personal attacks or other inappropriate comments.
Comments:

Be the first to leave a comment.

Leave your comment
CAPTCHA Validation
CAPTCHA
Code:
: 
: 
Your Email is for reporting purposes only. It will NOT be displayed.
Popularity:
This article has been viewed 4057 times.

Monthly Newsletter

Dodd Frank Update May 2025

Cover Story:

Wolters Kluwer experts analyze shifts in banker compliance concerns


News by Topic   News by Edition   News by Agency   News by Industry   In-depth Reports   Events
Banking
Case Law
Conference Coverage
Consumer Protection
Data Privacy
Financial Stability
Industry Spotlight
Legislation
Nonbank Financial
The TRID Journey
 
Dodd Frank Update April 2025
Dodd Frank Update May 2025
Archives
 
CFPB NCUA
CFTC OCC
FDIC OFR
FHFA SEC
FRB States
FSOC Treasury
FTC  
 
Appraisal
Broker-Dealer
Community Banks & Credit Unions
Land Title
Mortgage
Payday Lending
 
2025 State of the Industry
CRA and Affordable Housing
2025 State of the Industry
Who's My Regulator?
Fair Lending
Mortgage Technology
Marketing Compliance for Lenders
Archives
 
National Settlement Services Summit (NS3)
Women's Leadership Summit (WLS)
Webinars

Library   About   Subscribe   Other Publications
Data Privacy Vault Court Actions
Keys to Real Estate podcast Enforcement Documents
Blog - Tuesdays with Mary Guidance Documents
1071 Compliance Guide White Papers
eClosing Solutions Showcase Position Papers
Executive Interview Series Legislation
Lender Associations Regulations
The Dodd-Frank Act Reports, Studies and Surveys
Dodd-Frank Summary & History Federal Register Notices
 
Dodd Frank Update
Contact / Editors
Advertise
Request a Media Kit
Social Media
Are You An Expert?
Subscriber Agreement
 
Subscriptions
Free Email Updates
Try a Free Edition
 
The Title Report
The Legal Description
Valuation Review
RESPA News
Copyright © 2011-2025 Dodd Frank Update
An October Research, LLC publication
3046 Brecksville Road, Suite D, Richfield, OH 44286
(330) 659-6101, All Rights Reserved
www.doddfrankupdate.com | Privacy Policy
VISIT OUR OTHER WEBSITES
> The Legal Description
> RESPA News
> The Title Report
> Valuation Review
> NS3 The Summit
> Women's Leadership Summit
> October Research, LLC
> The October Store


Loading... Loading...
Featuring:
  • Delivery 3X a week plus breaking news as it happens
  • Comprehensive title insurance industry news
  • Recent acquisitions, mergers, real estate stats
  • Exclusive in-depth coverage of the industry's hottest stories
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Comprehensive Dodd-Frank coverage
  • The latest information from the CFPB
  • Full coverage of Congressional hearings
  • Updates on all agency actions
  • Analysis of controversial provisions
  • Release of newest studies and reports
Sign up today and...
  • Be one of the first to know where NS3 is being held
  • Learn about NS3 speakers and sessions
  • Save on registration with Super-Early Bird rates
  • Discover the networking opportunities NS3 offers
  • Find out if CE credits will be offered for your area
  • And much more
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Preview the latest RESPAnews.com Top Story
  • RESPA related headline news
  • Quote of the Week
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Legal, regulatory and legislative information impacting the settlement services industry
  • News from HUD, Congress, state legislatures and other regulatory agencies
  • Follow the lobbying efforts of all the major national real estate services organizations.
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • The industry's only full-time newsroom
  • Relevant, up-to-date appraisal industry news
  • Covering the hottest stories and industry trends
NEWS BY TOPIC
EDITION
AGENCY
IN-DEPTH REPORTS
INDUSTRY
EVENTS
LIBRARY
EMAIL UPDATES
ABOUT
SUBSCRIBE
Banking
Case Law
Conference Coverage
Consumer Protection
Data Privacy
Financial Stability
Industry Spotlight
Legislation
Nonbank Financial
The TRID Journey
Current Edition
April 2025
March 2025
February 2025
Archives
CFPB
CFTC
FDIC
FHFA
FRB
FSOC
NCUA
OCC
OFR
SEC
States
Treasury
2025 State of the Industry
Real Estate Compliance Outlook
CRA and Affordable Housing report
Who's My Regulator?
Fair Lending
Marketing Compliance for Lenders
Archives
Appraisal
Broker-Dealer
Community Banks & Credit Unions
Land Title
Mortgage
Payday Lending
National Settlement
Services Summit (NS3)
Women's Leadership
Summit (WLS)
Webinars
CFPB's Shake-Up & Its Impact on You
2025 Economic Outlook Series
Data Privacy Compliance
Fintech Partner Compliance
Strategies post-NAR settlement
Industry and Regulatory Outlook
Securing Your Cyber Network
Compliant Marketing Tactics
2024 Economic Forecast Series
Webinar Archives
Data Privacy Vault
Keys to Real Estate podcast
Blog - Tuesdays with Mary
1071 Compliance Guide
eClosing Solutions Showcase
Executive Interview Series
Lender Associations
The Dodd-Frank Act
Dodd-Frank Summary
Court Actions
Enforcement Documents
Guidance Documents
White Papers
Position Papers
Legislation
Regulations
Reports, Studies and Surveys
Federal Register Notices
Proposals
Final Rules
GAO
Agency
Contact Us
Advertise
Request a Media Kit
Social Media
Are You An Expert?
Subscriber Agreement