What should I do if my "Defense to Repayment" was denied?
If your Defense to Repayment (DtR) was denied by the Department of Education (DoE), then you're probably wondering what you should do next?  It seems that the DoE is just blanket denying every DtR submission in order to meet requirements given by Magistrate Judge Sallie Kim in one of the many lawsuits against Betsy DeVos and the DoE.  Right now it's unclear as to what you can do specifically, as the DoE has been super vague with their denial reasoning, but there are some steps you can take now until something more concrete comes to light.
Steps to take if your "Defense to Repayment" was denied
Below are some things you can do if your "Defense to Repayment" was denied by the Department of Education.  This is still new information, so not everyone knows what to do specifically, but some of these action items can help everyone as a whole:
1.) Contact Harvard’s Project on Predatory Student Lending.
- Contact Harvard’s Project on Predatory Student Lending telling them you were denied, and give the DoE's reasoning as to why.  Digital copies of the denial would be helpful, but consider removing personal information.
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2.) Create an account on The Debt Collective's website.
- Create an account on The Debt Collective's website.  The Debt Collective is a helpful resource that is trying to fight for student's rights.  Creating an account will allow you to post in their forums, and contact Debt Collective members.
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3.) Contact Thomas Gokey from The Debt Collective.
- Contact Thomas Gokey from The Debt Collective, telling him that your DtR was denied, and why.  He is trying to organize all of the denials in one location.  Again, consider removing personal information.
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4.) Post in The Debt Collective's Community section.
- Post in The Debt Collective's Community section, stating that your DtR was denied.  List out the reasons why.  This is to help inform others, compare information with those who's DtR's have also been denied, and to hopefully get support and responses on what you're sharing.  Consider commenting on other's DtR denial posts to share your experience and provide support.
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5.) Contact the Student Borrower Protection Center.
- The Student Borrower Protection Center wants to help those who's student loan servicers are collecting money, damaging credit, or threatening collections, even after submitting a Borrower Defense (DtR) application.  Fill out their form if something like this has happened to you.
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6.) Research the meaning of the reason(s) given by the DoE in denying your DtR application, and how to effectively respond.
- Try and figure out the specific reasoning for the DoE's denial to your DtR application, and how to effectively respond to it.  Research online, contact lawyers, post on various forums, etc.  Consider even giving the DoE a call and asking for the definition of their denial - Borrower Defense Hotline: (855) 279-6207
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7.) Resubmit your Defense to Repayment to the Department of Education.
- Resubmit your DtR to the DoE, both by email and mail (contact information below).  Include your originally submitted DtR content, any new information you might have obtained, and the information that specifically addresses the DoE's denial reasoning.  Post in The Debt Collective's Community section or on other social media if you're having trouble figuring out the best way to address a specific denial.

* Note that the DoE seems to be denying DtR resubmissions as well within a 2-week period.  They're not reading them at all. Some have suggested to submit a completely new DtR instead of appealing your denial.  Keep doing this until you can't anymore.
Contact information for the Department of Education:
Department of Education
PO Box 194407
San Francisco, CA 94119

Website: ​https://www.ed.gov/

Email: [email protected]

Borrower Defense Hotline: (855) 279-6207
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8.) Contact the Manriquez vs DeVos and Sweet vs DeVos Harvard teams.
- Contact the Manriquez vs DeVos and Sweet vs DeVos Harvard teams via email, and fill out their info request forms -
a.) Manriquez vs DeVos: [email protected]  --- Link to form

​b.) Sweet vs DeVos: [email protected]  --- Link to form (at the bottom of the page)
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* Please note that they seem to be getting a lot of emails, and as a result have set up an auto reply that links to the forms above.  They've stated that they'll be more likely to reply to the forms vs emails.
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9.) Contact your state's representatives.
- Write your state's representative(s), telling them about your DtR and the DoE's inappropriate mass denials.  Particularly your state's Attorney General would be a good idea.  Consider including your DtR as well.
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10.) Contact the 19 AG's who have sued Betsy DeVos and the Department of Education.
- Write the Attorney Generals who have sued Betsy DeVos and the Department of Education for mishandling the Defense to Repayment submissions for years.  Just write one letter and send copies of it to all of them (a list is below). Consider referencing their lawsuit (PDF file below) and including your updated DtR.
Lawsuit PDF File
case_320-cv-04717---469269572-state-ags-sue-betsy-devos.pdf
File Size: 965 kb
File Type: pdf
Download File
11.) Write/Support Magistrate Judge Sallie Kim & District Judge William Alsup .
- Write/support Magistrate Judge Sallie Kim who ordered DeVos/the DoE to respond to DtR’s.  Inform the judge they’re doing a blanket denial with no valid reasoning.
Magistrate Judge Sallie Kim

San Francisco Courthouse,
Courtroom C - 15th Floor
450 Golden Gate Ave.,
​San Francisco, CA, 94102
- Write/support District Judge William Alsup who is deciding on a fairness hearing on the proposed settlement between students and the United States Department of Education that forces the Department to process all pending borrower defense claim .  Inform the judge that the proposed settlement terms are a joke and too lenient for Betsy DeVos and the DoE.
District Judge William Alsup

San Francisco Courthouse,
Courtroom 12 - 19th Floor
450 Golden Gate Ave.,
​San Francisco, CA, 94102

12.) Stay active and involved.
- Stay active on social media, share this information, and continue to monitor the situation.  Support others who are also dealing with this issue in any way that you can.

- Over 500 Student Borrowers attended the Fairness Hearing to Address Borrower Defense Settlement and Blanket Denials on 10/01/2020, which impressed District Judge Alsup, who said he's never witnessed so many people attend a settlement hearing.  The hearing took place via phone and ZOOM, and the Court took down all comments made within the ZOOM chat by attendees.  Keep this up!  The Courts and judges need to hear how corrupt the DoE is.
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Contact information for the 19 Attorney Generals Suing Betsy DeVos and the DoE:
- Colorado Attorney General - Phil Weiser

​- Connecticut Attorney General - William Tong

- Delaware Attorney General - Kathy Jennings

- Pennsylvania Attorney General - Josh Shapiro

- Hawaii Attorney General - Clare Connors

- Illinois Attorney General - Kwame Raoul

- Maryland Attorney General - Brian Frosh

- Massachusetts Attorney General - Maura Healey

- Michigan Attorney General - Dana Nessel

- Minnesota Attorney General - Keith Ellison

- New Jersey Attorney General - Gurbir Grewal

- New York Attorney General - Letitia James

- North Carolina Attorney General - Josh Stein

- Oregon Attorney General - Ellen Rosenblum

- Rhode Island Attorney General - Peter Neronha

- Vermont Attorney General - TJ Donovan

- Virginia Attorney General - Mark Herring

- Wisconsin Attorney General - Josh Kaul

- District of Columbia Attorney General - Karl Racine