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June 8, 2021This case comes before the Court on Defendants’ American Intercontinental University Lawsuit (“AIU”) and therefore the Career Education Corporation (“CEC”, collectively “Defendants”) Motion to Dismiss [30]. After a review of the record, the Court enters the subsequent Order.
AIU may be a for-profit accredited institution of upper learning that gives undergraduate and graduate degree programs at five ground campuses worldwide also as online. Plaintiffs and Relators Melissa Simms Powell, Angela Hitchens, Joseph P. Plumley, Jr. Ed.D., and Glenn W. Dobson (“Relators”) initiated this action pursuant to the False Claims Act, 31 U.S.C. § 3729, et seq. (“FCA”) on behalf of the us alleging fraud and abuse on the a part of Defendants. Plaintiffs filed claims under the FCA to recover damages and civil penalties arising out of Defendants’ alleged false claims for funding submitted to the us Department of Education (“DOE”) and false statements made by Defendants that were material to the submitted false claims. Specifically, Plaintiffs contend that Defendants made false statements concerning AIU’s purported compliance with: (a) the Title IV of the upper Education Act of 1965’s prohibition against incentive-based compensation for enrollment counselors; (b) the Southern Association of schools and Schools’ (“SACS”) accreditation standards; and (c) the scholar eligibility requirements of Title IV.
These false statements were allegedly made within the “Program Participation Agreement” (“PPA”) between Defendant AIU and therefore the DOE and in reference to each specific request for Pell Grant or Stafford Loan funds made by Defendants to the DOE. The PPA may be a mandatory agreement between the varsity and therefore the DOE which “shall condition the initial and continuing eligibility of the varsity to participate during a program upon compliance with” specific statutory requirements. 20 U.S.C. § 1094(a). Plaintiffs contend that the PPA submitted by AIU to the DOE on Texas Independence Day , 2007 contains materially false statements regarding AIU’s compliance with the motivation compensation ban and therefore the requirements imposed by SACS stated above.
What if you have Federal Student Loan from AIU?
If your loan is from Federal loan programs, then you will not be able to qualify for fully discharge or forgiveness. But the good news is that you might be eligible for Borrower’s Defence to Repayment (BDRP). BDRP is a Federal Student Loan Forgiveness Program which aims to help students who suffer from university scams and false statements. The only way to qualify for this program is to convince the Department of Education about your student loan. You need to demonstrate that you take this student loan because of university lies and false promises. Additionally, you should mention that you would not take the loan if you knew the scam actions beforehand.The best part of the class-action lawsuit against American Intercontinental University is that in the end, the parent company has admitted its fraud actions against students. Most of the fraud actions were including false statements about the employment rate, average graduate incomes, effectiveness of their education program. You use all these points to qualify for the full discharge program. We recommend all students to apply for the Borrower’s Defense Discharge (BDD) program. You need to apply through an application which includes how the University lied to you and convinced you to take the loan even though you did not need that loan.
About Borrower’s Defence Discharge Program
In 2019, BDAR remains the most effective program to eliminate student loans. Students do not need to pay any debt if they qualify for the program. But before you get too excited about the program, you need to note that application is eligible only for Federal Student Loans. Also, qualifying for the program is not an easy and short process. You need to convince the Department of Education about the scam actions of your University.As you can see, the discharge program is an excellent option for students who want to eliminate their student loans. Primarily if you studied at one of the prominent for-profit universities and took a colossal student loan to attend the classes, you could benefit from this discharge program. But consider that Department of Education receives so many applications and it could take two years to get a response. Therefore, sending the request and waiting for a response is not the best plan.
If you have huge problems with a student loan, you can consider hiring a student loan relief agency to help you in this process. The people working in these agencies deal with student debt every day. Therefore, they could analyze your situation carefully and offer you the best solution.
During previous years, people thought that the Defence Program is suitable for all kinds of student loans. However, that is not the case. Because you could only benefit from discharge program if your University has committed illegal actions.
The only way to qualify for the BDAR is to demonstrate that you took student loan because of misleading information by your University. You could manage to prove it by showing deceptive or false advertisement of American Intercontinental University. Note that your aim should be demonstrating that the University has done illegal action to you personally. As a result of this unlawful action, you have decided to take the student loan. We have mentioned earlier that only Federal Student Loans will qualify for the student debt discharge program. However, borrowers should follow even stricter rules to be eligible for the program.
