[Text of section added by 2020, 358, Sec. 3 effective July 1, 2021. See 2020, 358, Sec. 109.]
Section 35. (a) There shall be a student loan ombudsman within the office of the attorney general. The student loan ombudsman shall receive, review and assist in resolving complaints from student loan borrowers including, but not limited to, those concerning attempts to resolve complaints in collaboration with institutions of higher education, student loan servicers, the division of banks and any other participants in student loan lending.
(b) The responsibilities of the ombudsman may include, but shall not be limited to, helping student loan borrowers: (i) explore repayment options; (ii) apply for federal income-driven repayment plans; (iii) avoid or remove a default; (iv) end wage garnishments, tax refund interceptions or benefit offsets; (v) resolve billing disputes with student loan servicers; (vi) obtain student loan details and information; (vii) stop harassing collection calls; and (viii) apply for loan discharges or forgiveness.
The ombudsman shall prepare, make available or direct those seeking assistance to student loan borrower education presentations and materials regarding student loans. The presentations and materials shall include, but not be limited to, an explanation of: (i) key student loan terms; (ii) documentation requirements; (iii) monthly payment obligations; (iv) income-based repayment options; (v) student loan forgiveness; and (vi) disclosure requirements. The ombudsman shall make best efforts to inform public employees about the federal Public Service Loan Forgiveness Program and direct them to available information about the program.
(c) Annually, not later than January 1, the ombudsman shall file a report on activities related to student loans and student loan servicers, as defined in section 1 of chapter 93L, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on financial services.
The report shall include, but not be limited to: (i) the number of complaints received by the ombudsman from student loan borrowers and the names of the student loan servicers against whom such complaints were filed; (ii) the types of complaints received by the ombudsman from student loan borrowers; (iii) the types of resolutions reached for complaints received; and (iv) recommendations to improve the effectiveness of the position of student loan ombudsman.
The report shall also include an overview of any information received from the division of banks including, but not limited to: (i) the number of complaints received by the division of banks concerning student loans: (ii) the types of complaints received by the division of banks concerning student loans; (iii) the types of resolutions reached by the division of banks; and (iv) recommendations to improve the regulation, oversight and enforcement efforts of the division of banks with respect to student loan servicers. Information and data in the report shall be in an aggregate and de-identified format.
(d) The ombudsman shall receive information from the division of banks to assist the ombudsman in fulfilling its duties under this section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 12 - Department of the Attorney General, and the District Attorneys
Section 2 - Assistants and Employees; Appointment; Duties; Compensation; Tenure; Vacancies
Section 2a - Attorney General; Disability; Filling Vacancies
Section 2b - Annual Personnel Report
Section 3e - Defense of Actions Against Officers or Employees
Section 4 - Claims of Commonwealth; Enforcement
Section 4a - Acceptance of Gifts or Grants of Money or Property
Section 5 - Civil Actions to Recover Money for Commonwealth
Section 5a - False Claims; Definitions Applicable to Secs. 5a to 5o
Section 5b - False Claims; Liability
Section 5d - Prosecution by Attorney General; Relator's Right to Continue as Party to Action
Section 5e - Alternate Remedies Available to Determine Civil Penalty
Section 5f - Payments to Relators; Limitations
Section 5h - Money Recovered by Commonwealth; False Claims Prosecution Fund
Section 5j - Employers Preventing Employees From Acting to Further False Claim Actions; Liability
Section 5l - Preponderance of the Evidence Standard
Section 5m - Rules, Regulations or Guidelines; Attorney General
Section 5n - Civil Investigative Demands; Attorney General
Section 5o - Agency Reporting Requirements
Section 6 - Consultation With and Giving of Advice and Assistance to District Attorneys
Section 6a - Conferences of District Attorneys and Other Officials; Notification as to New Laws
Section 7 - Persons Intruding on Land, Property or Rights of Commonwealth; Prosecution
Section 8 - Due Application of Charity Funds Enforced
Section 8a - Definitions Applicable to Secs. 8a to 8m
Section 8b - Division of Public Charities; Duties
Section 8c - Director of Public Charities; Designation
Section 8d - Employees; Appointment and Removal
Section 8f - Annual Reports of Public Charities; Financial Statements; Fees; Penalties; Enforcement
Section 8g - Attorney General as a Party; Service
Section 8h - Investigations by Attorney General
Section 8i - Compliance With Investigations; Enforcement; Penalties
Section 8j - Rules and Regulations
Section 8k - Gift for Public Charitable Purpose; Presumed Intention
Section 8m - Public Records; Inspection
Section 8n - Fees, Costs, Penalties and Other Monies; General Fund
Section 9 - Advice and Aid to General Court and Committees
Section 11 - Annual Report of Cases Handled
Section 11a - Division of Civil Rights and Liberties
Section 11b - Board of Commissioners on Uniform State Laws; Obscene Literature Commission
Section 11c - Narcotic and Harmful Drugs; Training Program for Law Enforcement Officers
Section 11d - Division of Environmental Protection
Section 11g - Local Consumer Aid Fund; Eligibility for Assistance
Section 11k - Division of Victim Compensation and Assistance
Section 11m - Division of Gaming Enforcement
Section 12 - District Attorneys; Qualifications; Election; Term; Appearances
Section 13 - Districts for Administration of Criminal Law or Defense of Civil Actions
Section 15 - Practice of Law Prohibited; Salary
Section 16 - Salaries of Assistant District Attorneys
Section 18 - Appointment of an Assistant to District Attorney; Compensation
Section 19 - Suffolk District; Appointment of Messengers and Other Employees
Section 20 - Additional Legal Assistants; Tenure; Compensation; Powers
Section 21 - Suffolk District; Police and Detective Service
Section 22 - Clerical and Stenographic Workers
Section 23 - Payment for Traveling Expenses; Exceptions
Section 24 - Expenses Payable by Commonwealth
Section 25 - Advanced Expenses; Conditions; Vouchers
Section 26 - Court Appointment of Substitute in Absence of Attorney General and District Attorney
Section 27 - District Attorneys; Duties; Control of Attorney General
Section 28 - Suits on Recognizances; Discontinuance
Section 29 - Accounting for Fees, Bills of Costs and Money Received
Section 30 - Fees for Services in Performance of Duty; Appearance in Civil Action
Section 32 - Community Based Juvenile Justice Programs; District Attorneys