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Bible v. United Student Aid Funds, Inc.

United States Court of Appeals for the Seventh Circuit
799 F.3d 633 (2015)


Facts

Bryana Bible (plaintiff) obtained a student loan. The loan agreement incorporated the provisions of the Higher Education Act (HEA), 20 U.S.C. § 1001 et seq. Bible subsequently defaulted on the loan for the first time. United Student Aid Funds, Inc. (United) (defendant), the guarantor of the loan, repaid the loan and entered into a rehabilitation agreement within 60 days with Bible for reduced monthly payments. Bible timely complied with the terms of the rehabilitation agreement, but United charged her over $4,000 in collection fees. Bible sued United for breach of contract, claiming that United was prohibited from charging her collection fees because she timely entered into a rehabilitation agreement and complied with the terms of the agreement. The district court granted United’s motion to dismiss on the ground that Bible’s claims were preempted by the HEA, which does not provide a private cause of action. Alternatively, the district court concluded that Bible’s complaint failed to state a claim because the HEA specifically permits the collection of costs from a borrower who defaults on a loan. Bible appealed.

Rule of Law

Issue

Holding and Reasoning (Hamilton, J.)

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