Borrower Defenses Regulations

The Department of Education (the Department) requests a revision of the current information collection associated with OMB Control Number 1845-0142 due to an increase in the number of borrowers asserting a borrower defense to repayment claim.. The only change to the collection is an update to increase the number of respondents, responses and burden hours. The regulations in §685.222 provide a framework for the borrower defense individual and group process that applies to loans first disbursed on or after July 1, 2017 and before July 1, 2020, including descriptions of the circumstances under which group borrower defense claims could be considered, and the process the Department will follow for borrower defenses for a group. The regulations establish a process for review and determination of a borrower defense for groups identified by the Secretary for which the borrower defense is made regarding a Direct Loans for attendance at a closed school that has not provided financial protection currently available to the Secretary from which to recover any losses based on borrower defense claims, and for which there is no appropriate entity from which the Secretary can otherwise practicably recover such losses. The regulations also establish the process for groups identified by the Secretary for which the borrower defense is asserted with respect to Direct Loans to attend an open school.

The latest form for Borrower Defenses Regulations expires 2023-06-30 and can be found here.

Borrower Defenses Regulations - Individual

Federal Enterprise Architecture: Education - Higher Education