No, Filing A FERPA Complaint Won’t Cancel Your Student Loans

No Cancelled Student Loans For Student Loan Borrowers Due To FERPA Violations

In recent weeks, social media platforms, particularly TikTok, have been abuzz with misleading claims suggesting that filing a complaint under the Family Educational Rights and Privacy Act could lead to the cancellation of student loans.

As just one egregious TikTok example, Laverne Mickens, who goes by scholarshipcollegemama, provides a “free template” for student loan borrowers to submit that she claims will “get your loan debt discharged and forgiven.” The video has been viewed over 850,000 times and has over 118,000 likes as of Sunday night. Not to be outdone, another video of hers in which she claims she’s “about to have all my loans forgiven” [due to the FERPA violation] has been viewed over 2.4 million times with over 327,000 likes. Reading through the comments on her videos and seeing the false hope she creates is disheartening.

The “FERPA violation equals student loan cancellation” assertion has gained traction following reports that the Department of Government Efficiency, headed up Elon Musk, accessed sensitive student loan data without consent. However, legal experts and recent developments indicate that while privacy concerns may be valid, pursuing a FERPA complaint is highly unlikely to result in student loan cancellation.

Understanding FERPA And Its Limitations For Cancelled Student Loans

FERPA, enacted in 1974, is designed to protect the privacy of student education records, restricting unauthorized access and disclosure. Notably, FERPA does not grant individuals the right to sue for violations; enforcement is the federal government’s responsibility. As attorney Jay Fleischman explains, “There is no private right of action, no right for an individual to sue for violations of FERPA.”

This means that even if a FERPA violation occurs, individuals cannot seek remedies such as loan forgiveness through private lawsuits. Instead, they can file a complaint with the U.S. Department of Education, which then decides whether to take action.

Student Loans And The DOGE Data Access Controversy

The student loans controversy intensified when reports emerged that DOGE, led by Elon Musk, had been granted access to the Department of Education’s internal systems, potentially compromising the personal information of millions of student loan borrowers. This led to legal actions, including a lawsuit by the University of California Student Association, alleging that such access violated the Privacy Act of 1974. A federal judge temporarily halted DOGE’s access to these systems, pending further review.

“Let me be clear: there is no legal pathway right now for loan forgiveness due to a FERPA violation.” – Andrew Miltenberg

Legal Experts Weigh In About Potential Student Loans Being Cancelled

Despite the uproar, legal experts caution against expecting student loan forgiveness as a remedy for potential privacy violations and emphasize that FERPA does not provide a pathway for debt cancellation. Andrew Miltenberg, an education law expert, asserts to BestColleges, “Let me be clear: there is no legal pathway right now for loan forgiveness due to a FERPA violation.”

What Student Borrowers Should Know About FERPA And Student Loans Being Cancelled

While cancelling student loans through a FERPA complaint is appealing, it simply isn’t grounded in legal reality. Borrowers concerned about data privacy should stay informed about ongoing legal proceedings and consider filing a complaint with the Department of Education if they believe their rights have been violated; however, do not expect such actions to result in debt cancellation.

Misinformation with respect to FERPA and student loan cancellation is another example of the peril of social media financial advice. As the New York Times highlighted in a recent article titled, “Financial Advice on Social Media Is Growing. And Risky,” people “are turning to financial influencers, or ‘fin-fluencers,’ to learn how to manage their finances, but experts say rooting out misinformation is challenging.”

Overall, student loan borrowers should seek out credible sources and accurate information or consult with legal or financial advisors before taking action based on social media trends. Staying informed through reputable sources will be crucial for navigating these complex issues as the situation develops.