Oklahoma § 24-172 - Oklahoma Student Borrower's Bill of Rights

§ 24-172. Oklahoma Student Borrower's Bill of Rights

A. The Attorney General shall prepare a written statement that

includes an "Oklahoma Student Borrower's Bill of Rights" for a

student loan borrower who takes out a student education loan that is

serviced by a student loan servicer. The statement shall

incorporate all items from subsection B of this section and be made

available to the public and written in plain language designed to be

easily understood by the average student loan borrower.

B. No student loan servicer shall:

1. Directly or indirectly employ any scheme, device or artifice

to defraud or mislead student loan borrowers;

2. Engage in any unfair or deceptive practice toward any person

or misrepresent or omit any material information in connection with

the servicing of a student education loan including, but not limited

to, misrepresenting the amount, nature or terms of any fee or

payment due or claimed to be due on a student education loan, the

terms and conditions of the loan agreement or the borrower's

obligations under the loan;

3. Obtain property by fraud or misrepresentation;

4. Incorrectly apply or fail to apply student education loan

payments to the outstanding balance of a student education loan;

5. Provide inaccurate information to a credit bureau, thereby

harming a student loan borrower's creditworthiness;

6. Fail to report both the favorable and unfavorable payment

history of the student loan borrower to a nationally recognized

consumer credit bureau at least annually if the student loan

servicer regularly reports information to a credit bureau, except in

the case of loan rehabilitation;

7. Refuse to communicate with an authorized representative of

the student loan borrower who provides a written authorization

signed by the student loan borrower, provided the student loan

servicer may adopt procedures reasonably related to verifying that

the representative is in fact authorized to act on behalf of the

student loan borrower;

Oklahoma Statutes - Title 24. Debtor and Creditor

8. Make any false statement or misrepresentation by omission of

a material fact in connection with any information or reports filed

with a governmental agency or in connection with any investigation

conducted by a governmental agency;

9. Fail to inform borrowers of the federal income repayment

options before offering deferment or forbearance as an option; or

10. Fail to inform student loan borrowers if their type of loan

does not qualify for loan forgiveness programs.

Added by Laws 2021, c. 272, § 3, eff. Nov. 1, 2021. Amended by Laws

2023, c. 109, § 1, eff. Nov. 1, 2023.

Oklahoma Statutes - Title 24. Debtor and Creditor