In 60 Minutes segment with Leslie Stahl on May 5, 2006, Senator Elizabeth Warren, then a professor of law, questioned Sallie Mae’s dual role as both lender and collector:
On top of that, Sallie Mae also owns some of the biggest collection agencies in the country. Once a student borrower goes into default, the government pays Sallie Mae all the principle and compounded interest that have accrued.
The loan then passes into the collection phase. If Sallie Mae is the collector, it gets to keep up to 25 percent of whatever is recovered. In 2005, nearly a fifth of its revenue came from its collection business.
“Sallie Mae makes money if you pay back on time. And Sallie Mae makes money if you don’t pay back on time,” says Elizabeth Warren, a professor of bankruptcy law at Harvard Law School.
Warren says it’s a mistake to allow Sallie Mae to be both a lender and a collector.
“It shouldn’t be the case that Sallie Mae gets to play every hand at the poker table while the government is the one that keeps anteing up the money,” Warren tells Stahl. “But let’s be clear. That by itself isn’t enough. We have to decide collectively as a country: do we want to encourage the young people who are trying to get college diplomas? And if the answer to that is yes, the way to encourage them is not to double and triple the amount that they owe when they get into financial troubles.”
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Since 2002, the company and its employees have doled out more than $2.7 million to congressmen and their political action committees, including more than $200,000 to House Majority Leader John Boehner and his PAC. Over the years, Congress has written laws that give the student loan industry special advantages.
“If you don’t pay Sallie Mae, then Sallie Mae gets to come after you in ways that virtually no other creditors in America can do,” says Elizabeth Warren.
Asked if he ever considered going into bankruptcy, Alan Collinge says he thought about it. “But in the case of student loans, it doesn’t matter because bankruptcy is not an option for the vast majority of borrowers for student loans.”
“The bankruptcy laws were written, once again, to give this extraordinary protection to the student loan agencies, to Sallie Mae. The idea behind …” Warren explains.
“A special law just for them on this?” Stahl asks.
“A special law just for those who make student loans,” Warren continues. “Credit card companies don’t get that kind of protection despite all tier lobbying. Home mortgage lenders don’t get that kind of protection.”
And Congress passed more laws that squeeze the student borrowers.
“Suppose you get hurt and you have to live on disability insurance from your Social Security,” Warren says.
The government can attach that. Stahl asks if there are any other cases where Social Security funds are garnished.
“Only child support,” Warren replies.
But all these special protections have produced results. The default rate, over 20 percent in the late 1980s is now down below 5 percent.
Here is the 60 minutes segment with Leslie Stahl. Click here.