Massachusetts Division of Banks Fines Student Loan Servicer $500,000 for Servicing Without a License

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On May 19, the Massachusetts Division of Banks entered into a consent order with Educational Computer Systems, Inc. (ECSI) to resolve allegations that ECSI was engaging in the business of a third party loan servicer or student loan servicer without the appropriate license. Under the terms of the consent order, ECSI must: 1) pay an administrative penalty in the amount of $500,000; 2) cease and desist from engaging in activity that requires a license prior to obtaining the appropriate license from the Division; and 3) implement internal policies and procedures to ensure its compliance with the Division’s licensing and registration rules.

In 2016, ECSI had submitted an application to the Division for a third party loan servicer registration, but that application was later deemed “withdrawn-application abandoned.” In 2021, ECSI submitted an application for a Massachusetts student loan servicer license, which remains pending, and its 2022 application for a Massachusetts automatic federal student loan servicer license was approved. However, in its review of the applications the Division discovered that ECSI had engaged in the business of a third party loan servicer or student loan servicer in Massachusetts without the appropriate license. In the consent order, ECSI did not admit to the allegations.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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