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COVID-19 Related Litigation

Francis Mailman Soumilas, P.C., represents students and student loan borrowers in a variety of consumer protection matters.  As always, our case evaluations are free, there is no obligation, and our representation is at no out-of-pocket cost.
In the wake of the COVID-19 pandemic, many colleges shifted their services from in-person to fully online. We represented students seeking reimbursement for tuition and services for that time.
We also represent student loan borrowers who face issues like duplicative balances—the same loan showing up multiple times on consumer credit reports. This can inflate a consumer’s total debt.
This kind of error can occur for three primary reasons.
  1. Loan service changes: The loan has been transferred from one servicer to another and it shows up twice under different names.
  2. Reporting Errors: Credit bureaus and loan services incorrectly or improperly update their information.
  3. Consolidation issues: After consolidating a loan, the original loan and new consolidated loan may both show up, which looks like double the debt exists.
Duplicate balances can make your debt-to-income ratio look significantly higher, which then in turn makes it harder to qualify for new credit, like mortgages or car loans.
In addition to duplicate balances, student loan borrowers frequently encounter these credit reporting errors:
  1. Incorrect Payment Status: Loans may be incorrectly reported as delinquent or in default, even if you’ve been making payments on time.
  2. Misreported Loan Amounts: The balance or original loan amount may be overstated, making it seem like you owe more than you actually do.
  3. Closed Loans Still Showing as Open: Paid-off loans or those that were closed during consolidation may still appear as active, artificially inflating your debt.
These inaccuracies can lower your credit score, affect your eligibility for new loans, and create long-term financial challenges.

Your Rights Under Federal Law

If you discover errors on your credit report, it’s essential to know that you have rights under the Fair Credit Reporting Act (FCRA):
  1. The Right to Dispute Errors: You have the right to dispute inaccurate or incomplete information on your credit report. Both the credit reporting agency and the company providing the information (e.g., your loan servicer) are required to investigate your claim.
  2. The Right to Accurate Information: Credit bureaus are legally required to maintain accurate and up-to-date records. If they fail to do so, they must correct the errors upon receiving notice.
  3. The Right to Take Legal Action: If errors are not corrected after you’ve filed a dispute, or if the mistakes cause you harm—such as a denied loan or damaged credit score—you may be able to sue the responsible parties for damages.

You May Have a Case

The lawyers at Francis Mailman Soumilas, P.C. have represented students and student loan borrowers in a variety of consumer protection cases, and are currently accepting representation of consumers in these and similar matters:

Inaccurate Credit Reporting
Henkel v. United States Department of Education, No. 1:24-cv-01676-ABJ (D.D.C.)
Seamans v. Temple Univ., 744 F.3d 853 (3d Cir. 2014)
Derrico v. Nelnet Servicing, LLC, Case No. 2:24-cv-06722-BRM-CLW (D.N.J.) and Walsh v. Nelnet Servicing, LLC, Case No. 1:24-cv-04325-DEH  (S.D.N.Y.)
Unlawful Collection Of Student Loans  
Teran v. Navient Sols. (In re Teran), No. 10-31718-DM (Bankr. N.D. Cal.) (unlawfully collecting certain student loans discharged in bankruptcy)
Excessive Tuition and Fees, Or Other Broken Educational Promises  
Botts v. Johns Hopkins University, No. 1:20-cv-01335 (D. Md.) (gross settlement of over $10M)
In re University of San Diego Tuition and Fees COVID-19 Refund Litigation, No.: 20-cv-1946-LAB-WVG (S.D. Cal.)
Jones v Tulane University, 51 F.4th 101 (5th Cir. 2022)

Get Help From Consumer Protection Lawyers

If you, or someone you know has been overcharged or have been treated unfairly or unlawfully in one of the above situations, fill out the form on this page or call us now at 1-877-735-8600 for a FREE CASE REVIEW. 

As always, our case evaluations are free, there is no obligation, and our representation is at no out-of-pocket cost.

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