After receiving multiple questions from FAAs regarding third-party websites, I posted a comment recently asking the Department of Education to clarify their position on these sites. Here is what showed up in the Final HEOA Regulations in the Federal Register notice earlier this week:
Comment: One commenter noted that many institutions are no longer providing students and their families with a preferred lender list for private education loans. Instead, many institutions are referring borrowers to Web sites developed by third party entities that contain neutral lists of private education lenders and the loan products they offer. The commenter requested that the Department clarify its position on the use of these private education lender lists by institutions of higher education in helping students and their families explore their higher education financing options.
Discussion: The Department does not consider an institution that refers its students to a third party entity that maintains a comprehensive, neutral listing of private education lenders to be participating in a preferred lender arrangement as long as the institution ensures that the listing is broad in scope, does not endorse or recommend any of the lenders on the list and the lenders on the list do not pay the third party entity to be placed on the list or pay the third party entity a fee based on any loan volume generated. However, if an institution retains a third party entity to develop a customized lender list for the institution to provide to its students as a resource, either through a Request for Information or some other process, the Department does consider the institution to be participating in, and subject to the requirements of, a preferred lender arrangement under part 601.
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Implications:
Since I have been told that a ratings system represents an endorsement or recommendation of lenders, I have recommended that schools who now link directly to SLA Private Lender Ratings change the link over to the SLA Private Loan Options webpage. The Private Loan Options webpage, which provides a comparison table of relevant terms and conditions, meets all of the criteria laid out in the discussion above as it "is broad in scope, does not endorse or recommend any of the lenders on
the list and the lenders on the list do not pay the third party entity
to be placed on the list or pay the third party entity a fee based on
any loan volume generated."
I will continue to maintain and update the SLA Lender Ratings site but find it disappointing that more students and families will not benefit from having a direct link (from a school's website) to an independent and analytical ratings system to help them make more informed choices.