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What happens to your student loan if DOGE is charged of privacy violation? Details here
Legal experts assert that borrowers cannot sue for loan forgiveness based on FERPA, as only the Department of Education has the authority to enforce the law.
A wave of viral videos and Reddit posts have sparked confusion and fueled false hope among student loan borrowers, claiming that violations of the Family Educational Rights and Privacy Act (FERPA) could lead to student loan forgiveness or lawsuits against the government. The posts, some with millions of views, assert that Elon Musk and the Department of Government Efficiency (DOGE) improperly accessed private student loan data, potentially violating FERPA and paving the way for individuals to have their loans discharged.
One TikTok video, with nearly 8 million views, encourages viewers to call their student aid offices and refuse to repay their loans, stating, "You don’t have to pay for that anymore because you don’t feel comfortable with what went down." Another viral post claims that students can have their loans forgiven by filling out a form due to these alleged violations.
But how true are these claims?
FERPA, a law enacted in 1974, is designed to protect the privacy of student education records. Under FERPA, educational institutions are prohibited from releasing personally identifiable information (PII) about students without their consent. However, FERPA applies to educational institutions, not federal agencies like the Department of Education or other government entities.
FERPA does allow federal agencies to access student records if the data is needed for specific federal programs or legal requirements. In fact, the Federal Student Aid office has confirmed that it has not engaged in any unlawful activities involving the exposure of student data.
While the legal challenges to privacy violations, particularly those involving DOGE's access to sensitive student data, are ongoing, there is currently no court ruling or federal policy that would allow borrowers to have their loans forgiven or file lawsuits simply due to a FERPA violation.
FERPA violations: Can you sue?
Even if a FERPA violation were to occur, borrowers do not have the legal standing to sue for damages or loan forgiveness. The US Supreme Court ruled in 2002 in 'Gonzaga University v. John Doe' that FERPA does not provide individuals with the right to file lawsuits for violations of the law. As explained by the Student Press Law Center, "the only remedy for a FERPA violation is through enforcement by the Department of Education."
This means that only the Department of Education can take enforcement action if FERPA is violated, and individual lawsuits are not an option.
DOGE controversy: What we know
The claims that DOGE, under the leadership of Elon Musk, accessed private student loan data have sparked significant controversy. Reports indicate that DOGE was granted access to internal Department of Education systems, potentially compromising sensitive data. Legal action has followed, including a lawsuit from the University of California Student Association, alleging a violation of the Privacy Act of 1974. A federal judge has temporarily halted DOGE’s access to these systems pending further review.
Despite these privacy concerns, there is currently no indication that filing a FERPA complaint or pursuing legal action will result in student loan cancellation.
Misleading claims on social media
The spread of misinformation about FERPA violations and loan forgiveness has been particularly rampant on social media platforms like TikTok. One viral video by Laverne Mickens, known as "scholarshipcollegemama," suggests that using a specific "template" to file a FERPA complaint will automatically lead to loan forgiveness.
The video has garnered over 850,000 views and 118,000 likes, with Mickens claiming in another video that she is "about to have all my loans forgiven" due to a FERPA violation. These misleading claims have misled countless borrowers into thinking that simply submitting a complaint could result in their loans being discharged.
While the hope of student loan forgiveness is tempting, legal experts caution that these viral claims are unfounded. Jay Fleischman, a prominent attorney specializing in student loan law, emphasized, “There is no private right of action for FERPA violations. The Department of Education is the only entity with the power to enforce the law.”
The viral claims circulating on social media that FERPA violations could result in student loan forgiveness are false and misleading. While concerns over privacy and data access are valid, there is no legal basis for borrowers to demand loan forgiveness or file lawsuits based on a FERPA violation.
