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The Sunshine Act, the Student Loan Scandal, and More: What MASFAA Has Been Doing and What You Can Do to Help

Over the past few months, the media has been filled with reports of deceptive lending practices and unsavory relationships between colleges and student lending entities. New legislation, such as the Sunshine Act, has been introduced into the Senate and the House as a means by which to ensure ethical conduct in this regard. In addition, the Negotiated Rulemaking Committee on Loans is considering similar action in the regulatory arena.

The following is a summary of the actions that MASFAA has taken in response to the legislation currently under consideration and Attorney General Andrew Cuomo’s investigations:

  • The Government Relations Committee has invited Senator Kennedy’s educational aide to participate in an open forum with the MASFAA membership to discuss our concerns regarding the Sunshine Act, the STARR Act and the ongoing investigation into the relationships between colleges and student lenders. MASFAA will provide the membership with more details on this event once confirmation from Senator Kennedy’s office has been received.

  • Upon the introduction of the Sunshine Act in the Senate on February 1, 2007, the Executive Council discussed the specifics of this bill in detail. MASFAA has been VERY active in informing Senator Kennedy’s office about our concerns in regard to this legislation. Bernie Pekala (Boston College), Co-Chair of the MASFAA Government Relations Committee, as well as other members of the MASFAA membership, has had meetings and telephone conversations with Senator Kennedy’s staff over the past few months to discuss our views. The current version of the Sunshine Act is greatly changed from its original version, largely due to these efforts.

  • MASFAA has several of its members on the Negotiated Rulemaking Committee on Loans, including Betsy Hicks (MIT), Eileen O’Leary (Stonehill College), and Christine McGuire (Boston University). This Committee is considering regulations about preferred lenders and inducements, similar to the law proposed in the Sunshine Act.

  • Following his statements to college presidents, high school guidance counselors, and the media regarding "deceptive practices" in college student lending, MASFAA sent a letter to New York Attorney General Andrew Cuomo maintaining the integrity of the financial aid profession. NASFAA and EASFAA also submitted responses to Mr. Cuomo.

What Can You Do to Help?

Although MASFAA is working hard to act on behalf of the membership in regard to the Sunshine Act and the ongoing investigations into the relationships between colleges and the student lending industry, we are only one voice. If you feel strongly about any of these issues, I encourage you to contact our state legislators, as private citizens and voters (not as a representative of MASFAA or your institution), to let them know your views. Given the volatile nature of these issues, I would recommend that you consult with your supervisor and legal/public relations departments prior to proceeding.

I will continue to keep you all informed of additional actions taken by MASFAA in regard to the above. Please feel free to contact me at (781) 736-3706 or savery@brandeis.edu, or any member of the Executive Council, with any thoughts or concerns that you may have.


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