A Spike in Student Loan Defaults Likely to Trigger Follow-on Litigation Surge
The student lending industry should pay close attention to the onslaught of litigation that mortgage loan servicers have faced for years. I recently authored an article on this topic for Law360. A Consumer Federation of America analysis has indicated that student loan defaults have risen at least 14 percent since 2015. Such a trend will likely make student lending market participants susceptible to increased regulatory scrutiny, and could also result in a spike in follow-on private litigation.
Student loan lenders will be well advised to evaluate their policies and practices in light of this situation. Here are some steps they should consider:
- Check for compliance with Equal Opportunity Act, and related federal and state laws
- Audit underwriting systems
- Self-monitor trends in borrower behavior
- Implement consumer complaint systems
- Check loss mitigation patterns
Related Capabilities
Featured Insights

Press Release
Jun 2, 2026
Palma Yanni Honored With 2026 Achievement Award by Mount Holyoke College

In The News
Jun 2, 2026
Jason Rosen Explores the Opportunities and Uncertainties of Florida’s New Series LLC Law

Hinshaw Alert
Jun 1, 2026
SCOTUS Clears Road to Negligent Hiring, Selection Against Freight Brokers

Insights for Employers Alert
May 29, 2026
USCIS Policy Update: New Adjustment of Status Guidance Impacting Employers and Individuals

Press Release
May 28, 2026
Hinshaw Adds Former General Counsel as a Commercial Transactions Partner in Miami

Event
May 27-29, 2026
Steve Puiszis Moderates Discussion on Today's Law Firm Risk Environment

Press Release
May 26, 2026
L.J. Rotman Recognized in the Inaugural Minnesota Lawyer Minnesota Legal 250

Privacy, Cyber & AI Decoded Alert
May 21, 2026
Deploying AI Companions in Elder Care: A Privacy Compliance Playbook

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States



