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The Mode of Information – Due Process of Law and Student Loans: Bills of Attainder Enter the Digital Age
Abstract
This chapter examines the laws, policies and practices of the Federally Guaranteed Student Loan Program and the use of digital records and databases in creating changes in the laws governing the collections of student loan debt that have led to Bills of Attainder upon consumers in default on their Federal student loans. The research found a relationship between how information is created and utilized within the student loan program and due process issues related to the offset of income tax refunds. It examines how the databases are used as a means of surveillance how the administrative practice of due diligence was compromised by student loan guarantors, lending institutions and the Department of Education. The practice of reasonable due diligence is the accepted standard for valid administrative record keeping. It is the assertion of this research that the end result has been the creation of a digital Bill of Attainder upon the property (income tax refunds) of consumers in default on their student loans.
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