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;
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. Inform student loan borrower if their type of loan does not qualify for loan forgiveness programs.
Added by Laws 2021, c. 272, § 3, eff. Nov. 1, 2021.
Structure Oklahoma Statutes
§24-3. Fraud only invalidates contracts of debtor.
§24-4. Alternative right to several funds.
§24-11. Preferences permitted.
§24-12. Fraudulent debts - When due.
§24-13. Insurance on life of debtor - Conditions.
§24-14. Insurance on life of debtor - Penalties.
§24-15. Debt pooling - Prohibition.
§24-16. Debt pooling - Definition.
§24-17. Debt pooling - Penalties.
§24-18. Debt pooling - Application of act.
§24-31. Allowable, when - Preference, effect of.
§24-33. Subsisting liabilities.
§24-34. Assignments void in certain cases.
§24-35. Assignment to be in writing and signed - Acknowledgment, proof and certification.
§24-36. Void unless made as prescribed.
§24-38. Inventory, necessity and requisites of.
§24-40. Record of assignment and inventory - Place of filing - Nonresidents.
§24-41. More than one assignor - Recording assignment - Filing inventory - Nonresidents.
§24-42. Time of recording - Effect of failure to record within time specified.
§24-45. Authority of assignee begins, when.
§24-47. Exempt property and life insurance do not pass - Exception.
§24-48. Compensation of assignee.
§24-49. Good faith protects assignee.
§24-50. Cancellation or modification of assignment - Assent of creditor affected.
§24-81. Persons furnishing ratings to request statement of assets and liabilities.
§24-82. Copy of opinion furnished person to whom it relates.
§24-83. False credit information or false rating - Penalty - Damages.
§24-84. Person rated may see rate book - Penalty.
§24-85. False credit statement.
§24-86. Restrictions on inclusion of tax lien information in credit report or rating.
§24-114. Tests for determining insolvency.
§24-116. Transfers fraudulent to creditors.
§24-118. Tests for determining when transfer is made or obligation incurred.
§24-120. Voidable and nonvoidable transfers - Creditor's remedies and limitations thereon.
§24-121. Limitation of actions.
§24-122. Supplementary principles of law and equity.
§24-123. Application and construction of act.
§24-134. Exemption from bond and trust account provisions - Responsibility for employees or agents.
§24-135. Information statement - Written statement required.
§24-136. Information statement - Contents.
§24-137. Contracts - Contents - Form for "Notice of Cancellation" - Copies.
§24-138. Waivers - Burden of proof - Violations and jurisdiction - Enforcement of rights.
§24-139. Action for damages - Remedies not exclusive.
§24-140. Rules and regulations.
§24-141. License required – Extensions of credit in compliance with law.
§24-142. Application for license - Resident agent.
§24-143. Fees - Administrator's investigation - Issuance or denial of license.
§24-144. Licenses - Contents - Display - Number - Term - Annual fee.
§24-145. Administrative hearing - Suspension, revocation or surrender of license.
§24-146. Investigation and examination of books and records.
§24-148. Request of consumer report – Notice to subject of report.
§24-152. Requests to temporarily lift freeze - Time for compliance - Request procedures.
§24-154. Removal of freeze by consumer request - Identification required.
§24-156. Fees - Written notice of changes.
§24-157. Entities not required to place security freeze.
§24-159. Failure to comply - Use of false pretenses - Penalties.
§24-163. Duty to disclose breach.
§24-164. Notice procedures deemed in compliance.
§24-165. Enforcement – Civil penalty limitation.
§24-170. Short title - Oklahoma Student Borrower's Bill of Rights Act.