Borrowers Defrauded by For-Profit Colleges Wait 5+ Years for Borrower Defense Decisions While the Department Tries to Renege on Its Own Settlement

finance0 views
More than 200,000 borrowers who attended for-profit colleges like ITT Tech, Corinthian Colleges, DeVry, and the Art Institutes filed Borrower Defense to Repayment claims alleging institutional fraud, and while 1.7 million borrowers have eventually received some relief, the current Department of Education has attempted to renege on the Sweet v. McMahon settlement (originally Sweet v. Cardona, settled June 2022) that promised relief to class members, and a court-imposed April 15, 2026 deadline for processing remaining claims is approaching with massive backlogs. Why it matters: borrowers attended institutions that were proven to have committed fraud (Corinthian Colleges paid a $30 million fine; DeVry settled FTC charges for $100 million), so they hold degrees that employers do not value and debt for education they were deceived into purchasing, so while their claims languish for years, interest capitalizes on their balances, so many have already defaulted and face collections on fraudulent debt, so the government is effectively collecting on behalf of institutions it has itself found to be fraudulent. The structural root cause is that Borrower Defense regulations have been rewritten by every administration since 2016 (Obama 2016 rule, DeVos 2019 revision, Biden 2022 revision, current administration's attempted rollback), creating perpetual legal uncertainty that delays adjudication and leaves borrowers in indefinite limbo.

Evidence

As of end of 2024, the Department of Education has forgiven loans for 1.7 million borrowers under Borrower Defense per Federal Student Aid data. The Sweet v. McMahon settlement covers 200,000+ borrowers who attended schools listed in Exhibit C. On December 11, 2025, Judge William Alsup denied ED's request for an 18-month extension and affirmed April 15, 2026 as the deadline for post-class applicant decisions. The Ninth Circuit denied Everglades College's rehearing petition in May 2025. In September 2024, Maldonado v. MOHELA was filed in the Northern District of California when MOHELA failed to process discharge orders; the court denied MOHELA's motion to dismiss in April 2025. Source: Project on Predatory Student Lending (ppsl.org), Federal Student Aid borrower defense updates, court filings.

Comments