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 Student Loan Forgiveness Short Essay

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What Is the Borrower Defense to Repayment Rule?

• The Borrower Defense to Repayment Rule (BD Rule) offers students relief from federal loans borrowed based on fraudulent,
misleading or illegal acts by their schools. Borrower defense is an established legal right for many forms of consumer credit, and it
has been a part of the Higher Education Act for many years.

• In 2016 the U.S. Department of Education published a regulation creating a process for student loan borrowers to demonstrate
that their loan does not need to be repaid due to their school’s misleading, fraudulent, or otherwise illegal conduct.

• Before 2015, only five borrowers are known to have applied to have their student loans cancelled. The 2016 rule was a response
to widespread deception by multiple large for-profit colleges that are heavily subsidized with taxpayer dollars, where students
took out thousands of dollars in debt for an education loan on the basis of false or misleading information. While the BD Rule is
currently in effect, it has been repeatedly delayed and undermined by the current Administration.

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• Organizations working on behalf of students, consumers, civil rights, faculty, staff, and college access, as well as state attorneys

general and organizations representing veterans and servicemembers support the BD Rule and oppose any effort to weaken or
eliminate it.

The Borrower Defense to Repayment Rule Protects Students and Taxpayers:

• The BD Rule creates a process for students to apply for relief from education loans based on school misconduct, and for the
Education Department to fairly evaluate claims, so that students are not required to repay their education loans if they have been
cheated. It also gives the Secretary authority to approve loan relief for groups of students, where appropriate.

• The BD Rule also allows the Education Department to recover cancelled loan amounts from schools found to have engaged in
misconduct and requires risky schools to put money aside to cover potential student loan discharges for misconduct or closure.
By making clear that schools will be held accountable if they break the law, the BD Rule deters these practices.

• The BD Rule limits the ability of schools receiving federal student aid to force students to go through a secretive, individual
arbitration processes. Such processes deny students their day in court and make it harder to bring to light misconduct by schools.

• The BD Rule also protects students at schools that close suddenly by requiring disclosure of student options and by ensuring
automatic loan discharges are available to students who do not continue their studies within three years of the school’s closure.

The Current Administration Is Refusing to Carry Out the Borrower Defense to Repayment Rule:

• The Department of Education is currently refusing to process borrower defense claims despite a court ruling that its delays are
unlawful.1 As of December 31, 2018, over 158,000 borrower defense claims by students were awaiting action including claims by
more than 45,000 former students of Corinthian Colleges and thousands of claims from former students of ITT, Argosy and the
Art Institute.

• The Administration has announced plans to rewrite the regulation for a second time after having failed in a similar effort in 2018.
Its first proposal would have made it much harder for students to have loans cancelled and would have eliminated just 2 percent
of the overall outstanding loan balances. While efforts to rewrite the rule have been unsuccessful to date, a new Administration
rule could still be completed and in effect as soon as July 2020.

1. In December 2018, the Department of Education did grant approximately 15,000 students who attended schools that closed suddenly and who did not re-enroll
for three years relief from their student loans.

WHAT TO KNOW ABOUT THE BORROWER DEFENSE TO REPAYMENT RULE

https://www.federalregister.gov/documents/2016/11/01/2016-25448/student-assistance-general-provisions-federal-perkins-loan-program-federal-family-education-loan

https://www.govinfo.gov/content/pkg/CPRT-112SPRT74931/pdf/CPRT-112SPRT74931

https://ticas.org/sites/default/files/pub_files/coalition_comments_on_borrower_defense_2018

https://oag.ca.gov/news/press-releases/attorney-general-becerra-court-reinstates-borrower-defense-rule

https://oag.ca.gov/news/press-releases/attorney-general-becerra-court-reinstates-borrower-defense-rule

https://static1.squarespace.com/static/556718b2e4b02e470eb1b186/t/5b89280e6d2a73548a44752f/1535715346949/BD+-+VSO+%26+MSO+public+comments.FINAL

https://www.insidehighered.com/quicktakes/2018/12/21/education-department-approved-no-borrower-defense-claims-june

https://predatorystudentlending.org/press-releases/court-clears-way-borrower-defense-rule-take-effect/

https://www.durbin.senate.gov/newsroom/press-releases/durbin-releases-shocking-new-data-on-department-of-educations-borrower-defense-application-backlog

https://www.insidehighered.com/news/2018/10/04/education-department-misses-deadline-its-overhaul-student-loan-rules

https://ticas.org/sites/default/files/pub_files/ticas_comments_on_bd_nprm

INTRODUCTION

Over the last 30 years, the cost of college tuition has more than doubled. Over the same period, inflation-adjusted worker wages in the United States have “barely budged” (Desliver). Additionally, 

the number of people attending college has increased by nearly 50%

https://www.statista.com/statistics/183995/us-college-enrollment-and-projections-in-public-and-private-institutions/

 That can only mean one thing–student debt has gone way way up. Since 2001, total student debt has risen from 

$340 billion

https://www.federalreserve.gov/econres/notes/feds-notes/student-loan-debt-and-aggregate-consumption-growth-20180221.htm

 to $1.5 trillion today.

In many ways, the student debt crisis crystallizes a number of contradictions in American society. Income inequality has grown, making a college education seem more like a necessity than a privilege. But it is not treated like a right, as K-12 education ostensibly is. What’s more, if a college education feels like a necessary step to achieve the American Dream, the cost of getting a college education can actually make that dream more difficult to realize. The average college graduate can expect to earn $50,000 in their first year on the job, a decidedly middle-class income. However, the average college student can also expect to graduate with $37,000 in debt and to pay around $400/month, reducing their income by 10%, and edging them closer to the lower-middle class bracket. These pressures are even greater for people of color. Data suggests both income and wealth gains from higher levels of education are lower for non-white families than for whites (Emmons & Ricketts).

But even beyond these numbers, student debt exposes contradictions in what it means to be a citizen and an American. Should college students go to school to be trained as workers? Should they go to learn how to be active democratic citizens? To find themselves? If college is only a training program, it makes sense that institutions should make a business of it, charging whatever the market will bear, whatever the consequences. But if college is something more, then the calculations about what it should cost, and the consequences if it costs too much, are more than economic.

Complicating all of this is the fact that student debt is a unique kind of debt. First, more than 90% of student loans are issued by the United States government, meaning that the U.S. Treasury is the beneficiary of interest on the $1.5 trillion dollars in student debt. Should the U.S. government, which must assure the right to a quality K-12 education, profit from the higher education and the student loan burden that Americans carry? Second, since 1978, federal student debt has not been dischargable in bankruptcy (private debt was excluded in 2005), meaning that a borrower must face extraordinary and persistent hardship, over and above that which would allow debt to be discharged in bankruptcy, to receive relief from student loans. Even when this is the case, many borrowers still have their Social Security Disability benefits garnished to pay student loans, although one group of nine disabled borrowers recently successfully sued the Department of Education to return those benefits (Berman). Should student loans be more difficult to discharge than mortgages, credit cards or car loans?

Finally, student debt is already preventing or delaying life cycle events like marriage, homeownership and parenthood for Millennials. If college is a necessity for the American Dream, should it cost so much that it prevents the realization of that dream? In this module, you will learn about who borrows to get a college education, who is most affected by student debt, and what laws and regulations have been passed to try to address the student loan crisis. You will also learn about the long term consequences for Millennials, also known as “generation debt”, of the high student debt they carry. Lastly, you’ll consider potential solutions to the student loan crisis and, given what you’ve learned in this course, decide which you think is best.

Berman, Jillian. “Student-loan Borrowers With Disabilities Will Be Reimbursed After Their Social Security Checks Were Needlessly Garnished.” MarketWatch, June 17, 2019,

https://www.marketwatch.com/story/disabled-borrowers-whose-incomes-were-needlessly-garnished-to-repay-student-loans-will-get-23000-back-2019-06-17

DeSilver, Drew. “For Most U.S. Workers, Real Wages Have Barely Budged In Decades.” Pew Research Center. 7 August 2018

https://www.pewresearch.org/fact-tank/2018/08/07/for-most-us-workers-real-wages-have-barely-budged-for-decades/

Emmons, William R., Ana H. Kent and Lowell R. Ricketts. “Essay 1: The Financial Returns from College across Generations: Large but Unequal” in “The Demographics of Wealth: How Education, Race and Birth Year Shape Financial Outcomes,” The Federal Reserve Bank of St. Louis, February 2018,(HFS_essay_1 2018.PDF)

Learning Objectives

After this module, you will be able to:

Recognize the reasons students borrow for college

Analyze the social impact of generational student debt

Evaluate potential policy solutions to the student debt crisis

Topic 1: Why students borrow

When lending for higher education began in after WWII, it was originally designed much like the post-Depression mortgage market. The Federal Family Education Loan Program or FFELP was originated in 1965 to encourage private financial institutions to lend to families for higher education by subsidizing and guaranteeing their loans. The subsidizing part meant that the government would pay part or all of the interest on the loans, at least while the student was still in school, making the loans attractive to students. The guarantee part meant that banks could be assured the debt would be repaid, making them an attractive to lenders.

However, as higher education grew, both in number of students and cost, student lending changed. To protect against the need to back up their guarantee of paying off student loans even if the student did not, the government made it illegal to discharge federally guaranteed student loans in bankruptcy in 1978. In 1990, the federal government began directly lending to students, initiating the long decline of the FFELP, which would eventually end for good in 2010 due to the financial crisis. Finally, in 2005, even private loans became illegal to discharge in bankruptcy.

However, the biggest influence on the student loan crisis–the ballooning level of debt now held by students–is actually the boom in for-profit colleges. Vocational training has long occurred in the U.S., alongside public and private traditional college. However, as income inequality began to grow in the 1980s, for-profit colleges marketed themselves as a way for struggling workers, particularly minorities and women, to retrain themselves for the changing workforce. Since the mid-1990s, these institutions have enrolled millions of students. For-profit colleges offer degrees and certificates just as non-profit public and private universities do, however they are on average more expensive, less selective and therefore often of less value on the job market. Additionally, since these colleges often draw from low-income and minority demographics while being more expensive, their students end up with proportionally more debt. 

As the Brookings Institute video assigned for this topic shows, the majority of the actual “crisis” in student debt is concentrated in for-profit college students. For-profit colleges admit low-income students regardless of their ability to repay student loans, help them fill out student loan paperwork, and then directly collect the loans to fund the student’s tuition and fees, treating federal student loans like an ATM machine, where the student is the card.

In 2015, the Department of Education implemented a number of new rules to address this problem. The gainful employment rule dictated that for-profit college programs had to lead to gainful employment and debt-to-income ratios of less than 20 percent of the student’s discretionary income or 8 percent of his or her total earnings for those colleges’ students to qualify for federal aid and loans. After this rule went into effect, several for profit colleges, including Corinthian College, lost access to federal student loan dollars and subsequently closed. However, many students who attended these colleges still had to pay off their loans for degrees from now defunct colleges. The borrower defense to repayment rule, enacted in 2016, allows students to petition the Department of Education to have their loans forgiven if they can show a school used illegal or deceptive tactics to persuade them to borrow money for college (what_to_know_about_bd_factsheet.PDF)  The vast majority of loan forgiveness petitions are filed by for-profit college students.

The student debt from for-profit colleges exposes the worst abuses of the U.S. higher education system. For-profit colleges exist for the same reason payday lenders do: poor workers need resources, and are charged more for them than wealthier people are. However, less than 20% of student debt is held by for-profit college student. The majority of the $1.5 trillion in student debt is held by students of traditional colleges and universities. If politics is broadly about resource distribution, exclusion from participation, and the legitimacy of authority, the student debt crisis should inspire us to think about how student debt transforms the distribution of wealth and status, the ability of Americans to participate in society, the legitimacy of the federal government as lender and of institutions of higher education as recipients of student loans. Seth Frotman helps us begin to answer those questions. He points out that “one recent study projected that a typical household headed by two college-educated adults with average student loan debt balances loses out on more than $200,000 in accumulated wealth over a lifetime” (824). Is that an appropriate penalty for being born into a poor family in the United States? What does that shortfall prevent students from participating in? Internships? Marriage? Children? And should a college education be like K-12 education in the U.S., at least in principle guaranteed as part of the equal opportunity promised to Americans, especially if some of the cost for doing so could be covered by reducing or eliminating federal aid and loans for students attending for-profit colleges?

Read

“Politics” (KACS), Chuh (193-196)

Frotman, Seth. “Broken Promises: How Debt-Financed Higher Education Rewrote America’s Social Contract and Fueled a Quiet Crisis.” Utah Law Review, no. 4, 2018, pp. 811-846, (Broken Promises_ How Debt-financed Higher Education Rewrote Ameri.PDF)

Watch

Watch “The Facts Behind the Student Debt Crisis.” The Brookings Institute,

https://www.brookings.edu/bpea-articles/a-crisis-in-student-loans-how-changes-in-the-characteristics-of-borrowers-and-in-the-institutions-they-attended-contributed-to-rising-loan-defaults/

Topic 2: The future of student debt

As the financial crisis gave way to a recession in 2009, state legislatures responded by reducing the funding to state universities. Colleges and universities increased tuition on students to make up the shortfall.

The Occupy Wall Street protests that began in 2011 raised awareness of the student loan crisis. Participants in those protests also began to propose and experiment with potential remedies. One Occupy activist, professor Andrew Ross, suggested that student debtors needed to come together to form a “debtors’ movement” (23). This movement would advocate for student loan forgiveness and free college tuition. The movement for loan forgiveness, known as Strike Debt, carried out protests, and even bought student debt on the secondary markets–where it is often sold for pennies on the dollar to collections agencies–and instead of collecting on it, just forgave the debtors it belonged to. The free college tuition movement is based on the idea that tuition to public 2 and 4-year institutions isn’t actually that expensive: “On a rough estimate, it would only take $70 billion of the federal budget to cover the tuition costs at every two- and four-year public college. This happens to be the sum that the Pentagon wastes annually in “unaccountable spending,” according to a recent audit” (Ross 26-7).

However, free college has not become a reality. Instead, since 2016, things have actually moved in the other direction. The rules put into place in 2015 and 2016 to protect student borrowers have been weakened and repealed. The gainful employment rule will officially end on July 2020, after

https://www.insidehighered.com/quicktakes/2019/07/02/devos-issues-final-repeal-gainful-employment

Over the next 10 years, the Department of Education will spend over $6 billion on aid to for-profit colleges that would not be able to pass the gainful employment standards if the rule stayed in place.

The department also delayed the implementation of the borrower defense to repayment rule until a court injunction forced it to do so at the end of 2018. At that time, the Department of Education agreed to forgive $150 million in loans. However, it is currently proposing a new weaker rule to replace the former one. In 2019, a judge went so far as to

https://www.npr.org/2019/10/25/773334681/devos-held-in-contempt-of-court-ed-department-fined-100-000-in-student-loan-case

of court for continuing to collect on loans that should have been forgiven under the rule.

Today, 2020 presidential candidates, including incumbent Donald Trump and Democrat challengers, are all proposing changes to federal student loan policy, ranging from reducing opportunities for forgiveness further to making public tuition completely free. Making tuition free for public universities is actually the simpler issue. It would cost $70-80 billion dollars a year. The government already spends more than 

$100 billion on higher education grants and loan interest

EdStat: Every Year, the Federal Government Spends More than $100 Billion on Higher Education, Mainly in the Form of Grants and Subsidized Loans to Students

but currently that aid goes to non-profit, private and for-profit colleges and universities.

The outstanding $1.5 trillion dollar student debt is a much larger and more complex problem. In the reading for this topic, Miller et al. take you through various proposals and their pros and cons. In your short essay assignment, use what you’ve learned in this module to make a judgment about which of these proposals is best, and what challenges it would face if someone tried to implement it.

Ross, Andrew. “Mortgaging the Future: Student Debt in the Age of Austerity.” New Labor Forum, vol. 22, no. 1, 2013, pp. 23-28.

Read

Miller, Ben et al. “Addressing the $1.5 Trillion in Federal Student Loan Debt.” Center for American Progress, June 12, 2019,

https://www.americanprogress.org/issues/education-postsecondary/reports/2019/06/12/470893/addressing-1-5-trillion-federal-student-loan-debt/

Assignment

In a 3-4 page double-spaced essay, select one of the options offered by Miller et al. that you believe is the best proposal for tackling the student debt crisis. Compare and contrast it to the other options and offer evidence from the module to support your choice. Conclude by explaining what challenges your chosen proposal will likely face, using evidence from the module and outside research.

HowEducation, Race and Birth Year

Shape Financial Outcom

es

The Demographics
of Wealth

2018 Series

Essay No. 1

: The Financial Returns from College across

Generations: Large but Unequal | February 2018

2 Federal Reserve Bank of St. Louis

About the Center for Household Financial Stability

The Center for Household Financial Stability at the Federal Reserve Bank of St. Louis focuses on family
balance sheets, especially those of struggling American families. The Center researches the determinants

of healthy family balance sheets, their links to the broader economy and new ideas to improve them.

The Center’s original research, publications and public events aim to impact future research, community

practice and public policy. For more information, see www.stlouisfed.org/hfs.

Staff

Ray Boshara is an assistant vice president at the St. Louis Fed and director of the Center.

He is also a senior fellow in the Financial Security Program at the Aspen Institute.

William R. Emmons is an assistant vice president and economist at the St. Louis Fed and the lead

economist with the Center.

Lowell R. Ricketts is the lead analyst for the Center.

Ana Hernández Kent is a policy analyst for the Center.

Visiting Scholars

Fenaba R. Addo is an assistant professor of consumer science at the University of Wisconsin-Madison.

Barry Z. Cynamon is a research associate at the Weidenbaum Center at Washington University in St. Louis.

Emily Gallagher is an assistant professor of finance and real estate at the University of Colorado at Boulder.

Bradley L. Hardy is an associate professor of public administration and policy at American University in

Washington, D.C., and a nonresident senior fellow in economic studies at the Brookings Institution.

William R. Emmons is the lead economist with the Center for House-
hold Financial Stability at the Federal Reserve Bank of St. Louis, where

he also serves as assistant vice president. His areas of focus at the Center

include household balance sheets and their relationship to the broader

economy. He also speaks and writes frequently on banking, financial

markets, financial regulation, housing, the economy, and other topics.

His work has been highlighted in major publications including The New

York Times, The Wall Street Journal and American Banker, and he has

appeared on PBS NewsHour, Bloomberg News, and other national

programs. Emmons received a Ph.D. in finance from the Kellogg School

of Management at Northwestern University. He received his bachelor’s

and master’s degrees from the University of Illinois at Urbana-Champaign.

Lowell R. Ricketts is the lead analyst for the Center for Household Finan-
cial Stability at the Federal Reserve Bank of St. Louis, where he conducts

primary and secondary research and policy analysis on household bal-

ance sheet issues. His primary research focus has centered on household

liabilities and wealth outcomes. Prior to joining the team, he worked in

the Research division of the Federal Reserve Bank of St. Louis as a senior

research associate. Ricketts received a bachelor’s degree in economics

with a math emphasis from the University of Wisconsin-Madison. He

continues to be involved with the university’s Department of Economics

as a member of the Wisconsin Economics Young Alumni Council.

Authors

Ana Hernández Kent is a policy analyst for the Center for Household
Financial Stability at the Federal Reserve Bank of St. Louis. She conducts

primary and secondary research and data analysis on household balance

sheet issues. Her primary research interests at the Fed include economic

disparities and opportunity, wealth outcomes, class and racial biases, and

the role of psychological factors in making financial decisions.

Kent is pursuing her Ph.D. in experimental psychology with concentra-

tions in social psychology and quantitative methods in behavioral sci-

ences from Saint Louis University. Kent received her Master of Science in

experimental psychology from Saint Louis University and her bachelor’s

degree in psychology from the University of Notre Dame.

The Demographics of Wealth 3

4 Federal Reserve Bank of St. Louis

Income and wealth rebounded for many families between 2013 and 2016, the dates
of the two most recent waves of the Federal

Reserve’s Survey of Consumer Finances

(SCF).1 Groups that had struggled the most

during and after the Great Recession, includ-

ing less-educated, Hispanic and black, and

young families, participated in the recovery.

Nonetheless, long-standing income and

wealth gaps across education levels, races

and ethnicities, and age groups remain large.

This is the first in a series of new essays

that the Center for Household Financial

Stability will publish on how a family’s

demographic characteristics—including

educational attainment, race and ethnicity,

and birth year—are related to the family’s

financial outcomes. Like the previous essay

series published in 2015, the 2018 series will

focus on these three key demographic

dimensions in turn. An important new

feature of the 2018 series is the inclusion of

two generations of educational data for each

family. In addition to the educational attain-

ment of the SCF respondent, the 2016 SCF for

the first time contains detailed information

on the respondents’ parents’ education. This

new information reveals even more clearly

that inherited demographic characteristics—

your race or ethnicity, your age and birth

year, and even your parents’ level of educa-

tion—profoundly shape the economic and

financial opportunities you have and the

outcomes you achieve.

As before, our primary data source is

the triennial SCF, which provides the most

comprehensive picture available of American

families’ balance sheets and financial behav-

ior over time. In some of our analyses, we

use information from 47,776 families, each

of which was surveyed in one of 10 survey

waves between 1989 and 2016. When we

focus on the education of SCF respondents’

parents, we draw upon data collected from

6,248 families in 2016. In every case, the SCF

has been designed to be nationally represen-

tative, so we can safely generalize about the

population as a whole.

As we documented three years ago,

demographic characteristics remain

remarkably powerful in predicting a family’s

income and wealth. By expanding the scope

of inherited demographic characteristics to

include parents’ education, we believe the

2018 Demographics of Wealth series sheds

additional light on the deeply rooted sources

of economic and financial disparities. Fruitful

approaches to policy should be based on the

facts established here.

The Demographics of Wealth
How Education, Race and Birth Year

Shape Financial Outcomes

An Introduction to the Series

By William R. Emmons, Ana H. Kent and Lowell R. Ricketts

The Demographics of Wealth

5

This essay explores the connections between a person’s level of completed education and
measures of his or her family’s financial well-being,

including income and wealth. For simplicity, we

examine two discrete groups—families headed by

someone who has completed a four-year college

degree or higher (“college grads”) and those without a

college graduate head (“nongrads”). This essay shows

that inherited demographic characteristics signifi-

cantly influence the expected income and wealth

outcomes associated with one’s own education.

These characteristics include birth year (and hence

age at the time of the survey), race or ethnicity and

parents’ education level.

Inherited demographic characteristics are key

aspects of one’s identity over which one exerts no

control. The view we take is that any adult outcomes

that are systematically related to these inherited char-

acteristics likewise are inherited or granted, rather

than earned in any meaningful sense.

We document three important ways in which

inherited demographic characteristics influence

family income and wealth:

• The head-start effect. Families headed by some-
one with certain “favorable” inherited demographic

characteristics typically earn much higher incomes

and accumulate much more wealth than families

without these characteristics. Whatever a family

head’s education level, being non-Hispanic white,

being over 40 and/or having college-educated

parents typically boosts income and wealth

compared to families without these demographic

characteristics (singly or in combination). The

median college graduate family with all of the

most advantageous inherited demographics—

white, aged 40-61, college grad parents—had three

times as much income and six times as much

wealth as the median family overall. We estimated

that over half of their advantage over the popula-

tion medians ultimately can be attributed to those

inherited characteristics, not their own effort or

education.

• The upward-mobility (or exceeding-expecta-
tions) effect. For families headed by someone
with less advantageous inherited demographic

characteristics, completion of a four-year degree

typically boosts income and wealth far above the

levels they would have achieved without a degree.

These families move up the income and wealth

rankings (relative to levels predicted by their inher-

ited demographic characteristics) more than do

college grad families with more favorable inherited

characteristics. For middle-aged families, complet-

ing college boosts the median family with non-

grad parents by 23 rungs in the income percentile

ranking and 20 rungs in the wealth ranking, while

college boosts families with college grad parents by

only 11 rungs for both income and wealth.

• The downward-mobility (or falling-short)
effect. Finally, we show that family heads with
college-educated parents who are downwardly

mobile in educational terms suffer notable neg-

ative consequences; these are people who do

not finish college even though their parents did.

Relative to the income and wealth that would be

predicted based on their inherited demographic

characteristics alone, those who fall short of their

parents’ college education are likely to slip deci-

sively downward in the overall rankings—by 16

percentiles in income and 18 percentiles in wealth

rankings for middle-aged families. Nongrad fam-

ily heads whose parents likewise did not obtain

college degrees drop by less than 10 percentiles in

both income and wealth rankings relative to levels

predicted by inherited characteristics alone.

Executive Summary of Essay No. 1

6 Federal Reserve Bank of St. Louis

The Financial Returns from College across
Generations: Large but Unequal

By William R. Emmons, Ana H. Kent and Lowell R. Ricketts

Families headed by someone with a four-year college degree enjoy many advantages.2 College
graduates tend to be healthier and to live longer,3

to smoke less,4 to have fewer and more favorable

contacts with the criminal justice system,5 to marry

more and to divorce less,6 to work in higher status

occupations,7 to demonstrate greater financial

knowledge,8 to have healthier finances,9 and to

avoid financial distress10 more easily than nongrad-

uates. Countries with more educated populations

grow faster11 (after controlling for other important

influences) and enjoy higher standards of living.12

What is less well-known is how strongly the

race or ethnicity and education of one’s parents

influence the earning and wealth-building power of

college for their adult children. For example, among

family heads who were middle-aged (40-61 years

old) in 2016, identified themselves as non-Hispanic

white (hereafter referred to as simply “white”) and

had a four-year college degree or more, median

family income was 37 percent higher if at least one

of the family head’s parents also had a four-year

degree; median wealth was 54 percent higher.13

The boost from college-educated parents was even

larger among nonwhite college grad families in per-

centage terms, although income and wealth levels

were uniformly lower.14 Thus, the financial benefits

of college are large and compound across genera-

tions, boosting the income-earning and wealth-

accumulating power of college from one generation

to the next. However, they are unequal across race

and ethnicity and, as we show in this essay, increase

at a diminishing rate in successive generations of

college graduates.

Why does the education of an adult child’s

parents matter so much? Some of the inherited

advantage plausibly flows through greater mone-

tary transfers and more intensive childhood invest-

ments, particularly in education, provided by

college-educated parents.15

Other likely sources of inherited advantage

are what we term the balance sheet and financial

behavior channels.16 In short, families headed by

someone with a college-educated parent typically

have stronger balance sheets—more liquid, better

diversified, less leveraged—than otherwise similar

families without a college grad parent. Families with

a college grad parent also typically exhibit better

financial knowledge and habits, including better

understanding of basic financial concepts like com-

pound interest; more willingness to take financial

risk to earn a higher return; more intensive searches

for good investment and borrowing options; and a

higher likelihood of regular saving. In fact, simply

having a college-educated parent increases the like-

lihood that the adult child’s family saves regularly by

8 percentage points, from 44 to 52 percent.17

The first section of this essay documents strong

associations over time between a family head’s own

education level and the family’s income and wealth;

this updates our 2015 essay and confirms the con-

ventional wisdom.1

8

The second section uses four demographic

characteristics to partition SCF families in 2016 into

24 distinct groups. The characteristics include three

age ranges; two race and ethnicity groups; two

levels of parental education; and two levels of “own”

(SCF respondent’s) education. We term the first three

characteristics “inherited” and the fourth “acquired”

to emphasize the distinction between factors over

which one has no control and those over which one

exerts at least some control.

The third section compares the demographically

defined groups on family income and wealth mea-

Essay No. 1

The Demographics of Wealth

7

sures in order to separate the contributions of par-

ents’ education (and other inherited characteristics)

from those of the respondent’s own education (and

other acquired characteristics) to income and wealth

outcomes. We document three striking results:

• Inherited demographic characteristics greatly

influence typical income and wealth outcomes

for any given level of own education;19

• The degree of upward income and wealth

mobility associated with a college degree is larger

for someone whose parents did not complete

college; and

• The degree of downward income and wealth

mobility associated with not completing a college

degree is greater if one’s parents themselves had a

college degree.

We term these the “head-start” effect; the

“upward-mobility” or “exceeding-expectations”

effect; and the “downward-mobility” or “falling-short”

effect, respectively.

Section Four illuminates balance sheet and

behavioral channels through which parental educa-

tion appears to influence adult children’s outcomes

above and beyond the children’s own education level.

The final section concludes. Four sidebars provide

additional definitional and methodological details.

I. Links between Own Education and

Own Income and Wealth

Before attributing income and wealth outcomes

either to inherited or to acquired characteristics, this

section documents the strong association between

a family head’s own level of education and standard

economic and financial measures. In other words,

we confirm the conventional wisdom that more

education is associated with more income and

wealth. This approach ignores all differences in

inherited demographic characteristics, which we

later show are, in fact, very important.

We present results for only two groups—families

headed by someone with at least a four-year college

degree (“college grads” in what follows) and fami-

lies headed by someone whose highest education

is less than a four-year college degree (“nongrads”).

Our data source throughout is the Federal Reserve’s

Survey of Consumer Finances (SCF).20

Share of families with college degrees. We
focused on the four-year college degree as the key

line of demarcation along the spectrum of educa-

tional attainment. We used it because, for several

decades, a sizable minority of the population has

achieved a four-year college degree and it has been

Figure 1: U.S. Families Headed by College Graduates and Postgraduates

4

0

35

30

25

20

15

10

5
0

1989 1992 1995 1998 2001 2004 2007 2010 2013 2016

Four-year degree families Postgrad families

P
er

ce
nt

o
f

al
l U

.S
. f

am
ili

es

NOTES: Postgrad families are those headed by someone with both a four-year college degree and a postgraduate degree. The total number of U.S.
families rose from 93 million in 1989 to 126 million in 2016.

The sources for all the tables and figures are the Federal Reserve’s Survey of Consumer Finances and authors’ calculations.

8 Federal Reserve Bank of St. Louis

associated with significant economic and finan-

cial rewards. In 2016, for example, the median (i.e.,

middle-ranking) family headed by someone without

a four-year college degree earned only 44 percent as

much income and owned only 18 percent as much

wealth as the median family headed by someone

who had a four-year degree.

21

The share of U.S. families headed by a college

grad has increased significantly in recent years. (See

Figure 1.) In 1989, about 23 percent of families were

headed by someone with a four-year college degree

To measure income for the SCF, the inter- viewers requested information on the
family’s cash income, before taxes, for the
full calendar year preceding the survey. The
components of income in the SCF are wages,
self-employment and business income, taxable
and tax-exempt interest, dividends, realized
capital gains, food stamps and other related
support programs provided by government,
pensions and withdrawals from retirement
accounts, Social Security, alimony and other
support payments, and miscellaneous sources
of income for all members of the primary
economic unit in the household. All income
figures are adjusted for inflation to be com-
parable to values recorded in 2016.

Wealth is a family’s net worth, consisting of
the excess of its assets over its debts at a point
in time. Total assets include both financial assets,
such as bank accounts, mutual funds and secu-
rities, and tangible assets, including real estate,
vehicles and durable goods. Total debt includes
home-secured borrowing, or mortgages, other
secured borrowing, such as vehicle loans, and
unsecured debts, such as credit cards and
student loans. Debt incurred in association
with a privately owned business or to finance
investment real estate is subtracted from the
asset’s value, rather than being included in the
family’s debt. All wealth figures are adjusted
for inflation.

Sidebar 1: Family Income and Wealth

or more; by 2016, the share had reached 34 percent.

Families headed by someone with a postgraduate (as

well as a four-year college) degree increased from

almost 9 percent of all families in 1989 to about 13

percent in 2016. Among white families alone (not

shown), the share of families with a four-year degree

or more increased from 26 to 38 percent between

1989 and 2016, while among families of all other

races and ethnicities, the share increased from

13 to 25 percent.

Family income. Income and especially wealth
gaps between college grad and nongrad families

have grown over the last few decades. (See Sidebar 1.)

At the same time, the number of families headed by

college grads has increased notably. Together, these

trends have resulted in a large shift of aggregate

income and wealth toward college-educated families.

The income received by the median college

grad family increased from almost $88,000 in 1989

to about $92,000 in 2016, an average annualized

increase of only 0.18 percent.22 (See Figure 2.)

Among nongrad families, the average percent-

age increase was about the same (0.15 percent)

Figure 2: Median Family Income
by Education of Family Head

NOTE: Median family income is the value of cash income, before taxes,
for the full calendar year preceding the survey for the family that ranks
exactly in the middle of a ranking by income. See Sidebar 1 for more
details.

120

100

80

60

40

20
0

Th
o

us
an

d
s

o
f

20
16

$

Four-year College Graduates

Less than a Four-year College Degree

All Families

1989 1992 1995 1998 2001 2004 2007 2010 2013 2016

The Demographics of Wealth 9

but amounted to an increase of only $1,557. The

share of all income earned by college grad families

increased from 45 to 63 percent between 1989 and

2016, as both the number of college grad families

and their average income increased faster than

those of nongrads.

Family wealth (net worth). Nongrad fami-
lies’ wealth fell further behind that of college grads

than their income did. Figure 3 shows that median

college grad family net worth rose from around

$238,000 to $291,000 between 1989 and 2016, an

annualized increase of 0.8 percent. Meanwhile,

nongrad median family wealth declined from about

$66,000 to $54,000, an annualized decrease of 0.7

percent. This large cumulative decline left median

nongrad family wealth at just 18 percent of median

college grad family wealth, down from a peak of 37

percent in 1995. The share of all wealth owned by

college grad families increased even more than was

the case for income—from 50 to 74 percent between

1989 and 2016.

The declining fortunes of nongrad families.
The overall conclusion from these statistics is that

Figure 3: Median Family Net Worth
by Education of Family Head

NOTE: Median family net worth is the value of total assets minus total
debts for the family that ranks exactly in the middle of a ranking by net
worth. See Sidebar 1 for more details.

400

3

50

300

250

200

150

100
50
0
Th
o
us
an
d
s
o
f
20
16
$
Four-year College Graduates
Less than a Four-year College Degree
All Families
1989 1992 1995 1998 2001 2004 2007 2010 2013 2016

Figure 4: Nongrad Families’ Income and
Net Worth Relative to College Grad Families’

NOTE: Median family net worth is the value of total assets minus total
debts for the family that ranks exactly in the middle of a ranking by net
worth. Median family income is the value of cash income, before taxes, for
the full calendar year preceding the survey for the family that ranks ex-
actly in the middle of a ranking by income. See Sidebar 1 for more details.

60
50
40
30
20
10
0
P
er
ce
nt

Median Income

Mean Income

Median Net Worth

Mean Net Worth

1989 1992 1995 1998 2001 2004 2007 2010 2013 2016

nongrad families’ economic and financial status

is slipping—faster for wealth than for income but

undeniably downward on most measures. (See

Figure 4.) What is it about college that produces the

dramatic divide evident in these data? The following

sections show that only some of the observed differ-

ences in income and wealth are due to college ed-

ucation itself. Some of the association is spurious—

that is, due to other factors that may help determine

both who completes college and how much income

or wealth they have as adults. These important “third

factors” include inherited demographic characteris-

tics, as we discuss below.

II. Breaking Out Demographic

Characteristics

To what extent do large and growing income

and wealth differences between families with and

without four-year college degrees reflect individ-

ual efforts undertaken to complete a degree and

the benefits of college learning itself? On the other

hand, how important are inherited demographic

characteristics both in predisposing someone to

10 Federal Reserve Bank of St. Louis

complete a degree and in boosting later financial

achievement?

There is, of course, no way to know for sure in

any individual case how much responsibility for a

particular income or wealth outcome to assign to

effort versus endowment. We proceed instead by

examining differences across demographically

defined groups. If there are economically and

statistically significant differences between the

median income and wealth of two groups that

differ only on one inherited demographic charac-

teristic, such as parents’ education, then we attribute

those group income or wealth differences to forces

related to the inherited characteristic rather than to

individuals’ own efforts or education.23

A demographic approach to income and
wealth: Why age, race and (parents’) education?
The logic behind our demographic framework for

analyzing income and wealth includes both prac-

tical and theoretical arguments. Demographically

defined groups show significant differences on

key outcome measures like income and wealth;

demographic classifications make predictions more

accurate. At the same time, demographic charac-

teristics of an individual that are determined before

birth are natural candidates to which one might

attribute a causal interpretation.
The practical case for demographics: They

are strong predictors. It is important to take age
into account because a powerful “life-cycle
effect” characterizes many aspects of a person’s
life course, not least income and wealth trajecto-
ries.24 Race and ethnicity matter in profound and
complex ways, supporting this variable’s inclu-
sion in our set of explanatory factors, as well.25 It is
uncontroversial to assert that one’s own education
is related to one’s income and wealth; what is less
well-known (but which will be shown later in the

essay) is that one’s parents’ education also seems

to matter. Knowing any of these demographic

details—a family head’s age, race or ethnicity, own

education or parents’ education—helps predict the

family’s income and wealth. For this reason alone,

demographic information is a valuable input to any

model seeking to explain or predict economic or

financial outcomes.

See Sidebar 2 for a discussion of why we believe

a demographic approach to income and wealth

determination is theoretically compelling; in short,

One of the most difficult tasks in empirical analysis is credibly separating correlation (that
is, association) from true causation (inexorable
consequences). Identifying the effects of educa-
tion on adult outcomes is often confounded by a
methodological challenge called the third variable
problem: Two variables that are correlated may be
jointly influenced by a third variable. Ignoring the
existence of the third variable can obscure the true
causal effect (if any) between the variables.

Take, for example, the positive correlation be-
tween education and wealth. Education may help
someone accumulate wealth; i.e., education causes
wealth. But having more wealth may facilitate
more education; i.e., wealth causes education. How
important, then, is education for wealth accumu-
lation? It also is possible that something else (i.e.,
a third variable), like parents’ education, supports
both. These nuances are often overlooked.

We replace the context-free approach that sim-
ply identifies a correlation between education and
wealth as evidence of causation with the assump-
tion that a person’s education and wealth do not
exist in isolation. Education is the result, in part, of
outside forces, such as parents and community, as
well as social and political environments.

An economic argument for building an ana-
lytical framework on age or birth year, race, and
parents’ education—collectively, inherited demo-
graphic characteristics—is that these observable,
unchosen, unchangeable aspects of every per-
son’s identity are valid instruments, or proxies, for
powerful external forces. Their predetermined and
unchanging nature allows us to more confidently
identify cause and effect, pointing the arrow of
causation from these factors to outcomes of inter-
est like educational attainment, income and wealth.
Understanding exactly why any of these factors
exerts the influence it does is, of course, a difficult
challenge in its own right. But possible reverse
causation—for example, that your adult income
somehow caused your parents to achieve a certain
level of education—can be confidently ruled out.

Sidebar 2: The Theoretical Case for
Inherited Demographics

The Demographics of Wealth 11

Characteristics of family respondent Percent of respondents

Young (under 40) 28.3

Middle-aged (40 to 61) 40.9

Old (62-plus) 30.8

Non-Hispanic white 68.0

Other races and ethnicities 32.0

Four-year college degree held by
one or both parents

28.1

Four-year college degree holders 34.0

NOTES: Other races and ethnicities include all respondents who
self-identify as anything other than non-Hispanic white, including
Hispanics of any race, African-Americans or blacks, Asians, Native
Americans, Pacific Islanders, Alaska Natives and people of more than
one race or ethnicity.
To code the education of an SCF respondent’s parents, the 2016 SCF
contains an indicator variable for each parent on a four-point scale, with a
four-year college degree or higher being the highest level. For simplic-
ity, we classified parents’ education either as four-year college degree
holders if at least one parent achieved a college degree or higher, or as
nongraduate if neither did. Missing values were imputed by SCF staff.
Instances in which survey responses were imputed include: The survey
respondent didn’t know a parent’s educational attainment, refused to
provide an answer, or the response was determined to be inadequate. For
more information on the SCF imputation process, see Kennickell (1998).

Table 1. Families by Demographic Characteristics
in the 2016 SCF

it helps isolate the true causal effect of education.

Separating endowment from effort. To isolate
the effects of inherited versus acquired character-

istics on income and wealth outcomes, we divided

SCF families into successively smaller groups in

four steps. The resulting set of groups at each step is

called a partition of the sample families. The simplest

partition—before any demographic criteria are ap-

plied—contains all 6,248 families; the final and most

detailed partition is composed of 24 groups with

different numbers of families in each group.

The first partition resulted from dividing all

families into three age groups. We subdivided each

of these into two racial and ethnic groups, resulting

in six groups; then we subdivided each according

to the college-attainment status of the respondent’s

parents to create 12 groups. Finally, we subdivided

each of those groups according to the college-

degree status of the respondent, resulting in 24

groups. We used the following demographic criteria:

• Age groups: young (family head under 40);

middle-aged (40-61); or old (62 or older);

• Racial and ethnic groups: non-Hispanic white or

all other races and ethnicities;

• Parental educational attainment: at least one col-

lege graduate or none; and

• Respondent’s own education: four-year college

degree or none.

We termed the first three characteristics inherited;

the last is acquired. Table 1 provides details on the

distribution of these characteristics in the 2016 SCF.

How inherited and acquired characteristics
play out for one group. Table 2 illustrates our de-
composition method for a single group out of the

24 for both median income and median net worth.

The median income and wealth among all families

in 2016 are in Partition 0. By definition, the median

family in the sample ranks at the 50th percentile,

meaning 50 percent of families made more than

$52,657 a year, while 50 percent made less, and half

of families had more than $97,326 in wealth, while

half had less.26 These are the benchmarks to which

subsequent income and wealth outcomes will

be compared.

Note that Partitions 1 through 3 are defined by

demographic characteristics that were established

before the respondent’s birth;27 that is, they are

inherited demographics. For the group of families

shown in Partition 3, median income was at the

12 Federal Reserve Bank of St. Louis

62nd percentile and median wealth was at the

49th percentile within the entire population.

The final step (Partition 4) differentiated between

respondents who have completed a four-year degree

and those who have not. The median family in this

element of Partition 4 had an income larger than

76 percent of the population, while the median fam-

ily’s wealth was larger than that of 74 percent of the

population.28 This group of families represented 1.7

percent of all families in the appropriately weighted

2016 SCF sample. Sidebar 3 discusses issues related

to the sample size of the 2016 SCF, which is relatively

small for our purposes.

Assessing the effects of achievements. In the
next section, we will assign responsibility for a

family’s achievement either to acquired or inherited

characteristics. To do this, we first compare per-

centile ranks of group median income and wealth

when only the education of the SCF respondents

differs (the acquired characteristic); next, we com-

pare percentile ranks when background or inherited

factors differ.

Moving from right to left in Table 2, the dif-

ference between the median income (net worth

levels) in Partitions 4 and 3 can be attributed to the

education, efforts and achievements of respon-

dents—an increase of about $31,000 in median

income and about $251,000 in median net worth.

As discussed below, these are very large changes;

NOTES: The groups represented are sample groups from the subdivision
of respondents into partitions by age, race or ethnicity, and the educa-
tion of the respondents and respondents’ parents. Each numerical entry
is the median family income or net worth in 2016 among included
families in the element of the partition defined at the top of each

column. By definition, the median family in the sample ranks at the 50th
percentile. All subsequent percentile ranks refer to the position within
the entire population of the median family in the subgroup defined at
the top of each column.

Table 2. Median Family Income and Net Worth for One Group

Reflects the effects of inherited characteristics only
Reflects the effects of inherited

and acquired characteristics

Partition 0 Partition 1 Partition 2 Partition 3 Partition 4

All families

Middle-aged

(40-61)
Middle-aged; Other

race or ethnicity
Middle-aged; Other race or

ethnicity; College grad parents

Middle-aged; Other race or ethnicity;
College grad parents; SCF respondent

is a four-year college grad

Median income:
$52,657

$67,239 $47,594 $71,695 $102,681

Percentile rank: 50 59 45 62 76

Median net worth:
$97,326

$131,262 $37,970 $96,944 $347,586

Percentile rank: 50 55 36 49 74

hence, own education is of major significance for

this group.

The differences between median income and

wealth in Partitions 3 and 0 represent the contribu-

tions of inherited characteristics alone. For income,

those characteristics boost the median 12 percentile

ranks higher. For net worth, the contribution moves

the median 1 percentile rank lower. That is, simply

being middle-aged, of a race or ethnicity other

than white and having a college graduate parent

increases the income we predict for this family by

$19,000, but decreases predicted wealth by $382

relative to all families.

This framework allows us to identify the sources

of this group’s income and wealth advantages over

those of the median family in the sample—either

inherited or acquired characteristics. After taking

into account inherited characteristics, obtaining a

college degree boosted the income rank of the

median family in this group by 14 rungs above the

percentile predicted from inherited demographics

alone and lifted the median wealth rank 25 rungs.

In other words, the typical family in this group can

attribute more than half of its advantage over the

population median income to its own educational

accomplishments and all of its superior wealth posi-

tion—and then some—to having a college degree.

The Demographics of Wealth 13

Limited sample size is an important consideration in our analysis. For example, we examine a catch-all
group defined as all races and ethnicities other than
white because the number of respondents in the
sample who identify as Hispanic, African-American,
Asian or any other nonwhite group is too small to
allow reliable inference using it alone. The immense
heterogeneity of this “other” group obviously limits the
generalizability of our results for this group.

Even after combining many disparate racial and
ethnic groups into a single category, we still must pay
attention to the statistical significance of differences
we observe between groups. The 2016 SCF contains
6,248 families, but due to oversampling of high-income
families (to obtain sharper estimates at the top end of
the income and wealth scales), some low-income and

low-wealth groups are very thinly represented. More-
over, some configurations of the demographic criteria
are more common in the population than others, lead-
ing to large differences in cell sizes.

The largest group (13.6 percent of families after
weighting to ensure representativeness in the overall
population) contains families headed by someone who
is white, at least 62 years old and has neither a college
degree of his or her own nor a parent with a college de-
gree. The smallest group (0.3 percent of families after
weighting) contains families headed by someone of
another race or ethnicity who is 62 years or older, has a
four-year college degree and is the son or daughter of
a college graduate. Obviously, we have less confidence
drawing conclusions about groups with very few mem-
bers than about those that have better representation.

Sidebar 3: Sample-Size Issues in Using the 2016 SCF

III. The Role of Inherited Characteristics

Figure 5 portrays a slice of the median income

data for middle-aged families; Figure 6 shows the

same for median net worth. Tables 3 and 4 display

the remainder of the data for old and young families’

median incomes and median net worth, respectively.

The last column in the figures and tables shows the

change in income and wealth ranks associated

with own education (over and above inherited

characteristics). In other words, it shows how the

contribution of one’s own education increases (or

decreases) the middle-ranking family’s income and

wealth position in the overall population.

Perhaps the most striking aspect of the data

is the wide range of median income and wealth

levels and rankings on display in Partition 3. Figure

6 shows that, based simply on different inherited

demographic characteristics, the median net worth

of middle-aged families ranges from $26,718 (33rd

percentile) among families in the other races group

without a college grad parent to $374,640 (75th

percentile) among white families with a college grad

parent. In principle, these differences could have

been predicted at birth. Of course, the latter group

contains many more college graduates than the for-

mer; this illustrates our earlier point that one’s own

education is affected by external forces such as one’s

parents’ education as well as one’s race or ethnicity

and even birth year. See Sidebar 4 on links between

parents’ and children’s education levels.

A fact laid bare by our demographic framework

is that inherited demographic characteristics are

very important determinants of adult outcomes like

education, income and wealth. The typical member

of the most favored group in Figure 6 had 14 times

as much wealth as the typical member of the least

favored group, even before one’s own educational

attainment is taken into account.29 This wealth

disparity is completely arbitrary in the sense that

no one in either group chose his or her own

parents. Similarly, Figure 5 shows that the typical

member of the demographically favored group

received an income of $113,618 (the 80th percen-

tile), compared to $41,518 (the 40th percentile)

among the least favored group. This income

multiple of 2.7 times for the typical member of the

favored group could be described as a payout from

“winning the birth lottery.”

College clearly is important, but contrary to

conventional wisdom, your own college education

does not completely level the playing field. The

birth advantage (or disadvantage) remains. For

example, compare rows 2 and 7 in the second-to-

14 Federal Reserve Bank of St. Louis

last column in Figures 5 and 6. The income and

wealth of a nongrad with the most advantaged

inherited demographics are 9 percent and 58

percent higher, respectively, than the income and

wealth of a college grad with the least advantaged

inherited demographics.30 In this comparison,

inherited demographics—including the college

education of the parents’ generation—outweighed

the benefits of obtaining a college education.

The returns on one’s own college education.
We highlight three key results related to the

income and wealth implications of completing or

not completing college in light of one’s inherited

demographic characteristics. Each of the results is

visible to some extent in all age groups and in both

median income and median net worth measures.

For ease of exposition, we highlight results only for

middle-aged families.

The head-start effect. Certain inherited demo-
graphic characteristics are associated with consis-

tently higher median income and median wealth.

As closer examination of Figures 5 and 6 and Tables

3 and 4 reveals, simply having at least one college-

educated parent greatly boosts median income

and wealth. (To see this, compare income or wealth

differences in Partition 4 between row 1 and row 3;

between rows 2 and 4; etc. Where it is present, this

effect is highlighted in yellow.) In Figure 6, for

example, among middle-aged white families headed

by someone with a four-year degree, simply having

a college-educated parent boosts median wealth to

$629,900 (the 83rd percentile), from $409,110 (the

76th percentile) among otherwise similar families

without a college-educated parent. Among middle-

aged families of other races and ethnicities, the

boost to median net worth associated with having a

college-educated parent is from $100,354 (the 50th

percentile) to $347,586 (the 74th percentile).

The upward-mobility (or exceeding-expecta-
tions31) effect. The second important result is that
completion of a four-year college degree pays off

proportionately more among groups with less-

Figure 5. Median Middle-Aged Family Income by Inherited Characteristics and Own

Education

Parents’
Education

Expected Income
Based on Inherited

Demographics
Own

Education
Expected Income
Based on Inherited

Demographics
and Own Education

Percentile Increase
or Decrease from
Addition of Own

Education

All Families
$52,657

(50th percentile)

Middle-aged
$67,239

(59th percentile)

Whites
$79,593

(66th percentile)

Other Races
and Ethnicities

$47,594

(45th percentile)

7

–15

22

–8

14

–15
21

–7

$71,695
(62nd percentile)

$65,659
(58th percentile)

$41,518
(40th percentile)

$113,618
(80th percentile)

$76,758
(65th percentile)

$156,756
(87th percentile)

$52,657
(50th percentile)

$114,225
(80th percentile)

$49,4

17

(47th percentile)

$102,681
(76th percentile)

$35,240
(33rd percentile)

$70,479
(61st percentile)

Partition 0 Partition 1 Partition 2 Partition 3 Partition 4

NOTES: Percentile rank is determined by the position of the median
family in a particular partition element relative to the overall distribution
of all families. Numbers highlighted in yellow in the next to last column
represent the “head-start” effect. The last column shows the difference in

overall percentile ranks between the relevant elements in Partitions 3 and
4. Numbers highlighted in green represent the “upward-mobility” effect.
Numbers highlighted in red represent the “downward-mobility” effect.

The Demographics of Wealth 15

Figure 6. Median Middle-Aged Family Net Worth by Inherited Characteristics and Own Education

See notes to Figure 5.

All Families
$97,326

(50th percentile)

Middle-aged
$131,262

(59th percentile)

Whites
$203,578

(63rd percentile)

Other Races
and Ethnicities

$37,970

(36th percentile)

8

–17

17

–9

25

–13

17

–4

$96,944
(49th percentile)

$162,094
(59th percentile)

$26,718
(33rd percentile)

$374,640
(75th percentile)

$158,656
(58th percentile)

$629,900
(83rd percentile)

$97,572
(50th percentile)

$409,110
(76th percentile)

$37,768
(36th percentile)

$347,586
(74th percentile)

$18,500
(29th percentile)

$100,354
(50th percentile)

Parents’
Education

Expected Net Worth
Based on Inherited

Demographics
Own
Education
Expected Net Worth
Based on Inherited
Demographics
and Own Education
Percentile Increase
or Decrease from
Addition of Own
Education
Partition 0 Partition 1 Partition 2 Partition 3 Partition 4

advantageous inherited demographic characteristics.

(To see this, look in the last column of Figures 5 or 6

or Tables 3 or 4, contrasting rows 1 and 3 and rows

5 and 7. Where it is present, this effect is highlighted

in green.) For example, middle-aged, white family

heads whose parents were highly educated get an

8 percentile rank boost in median net worth above

the level predicted purely by inherited characteristics

when those family heads earn a college degree. That

increase is large but much less than the 17 percentile

rank boost for the group that was similar in all re-

spects except that its parents were not well-educated.

With a few exceptions, this pattern recurs throughout

the figures and tables.

The downward-mobility (or falling-short)
effect. The third clear result is that failure to complete
a four-year college degree is more costly in terms of

falling short of the demographically predicted level

of income and wealth when one’s parents included a

college graduate. (To see this, look in the last column

of Figures 5 or 6 or Tables 3 or 4, contrasting rows 2

and 4 and rows 6 and 8. This effect, which occurs in

every comparison shown in the figures and tables, is

highlighted in red.) The wealth and income shortfall

was 15 to 17 percentile ranks for a nongrad family

head who was white and was the child of well-

educated parents. This exceeded the 8 to 9 percentile

rank decline of the otherwise similar families whose

parents were not well-educated. (See rows 2 and 4

in the last column in Figures 5 and 6.) Nonetheless,

the presence of college-educated parents provides a

buffer of sorts, preventing the median member of the

downwardly mobile groups from falling to the level

of their nongrad counterparts without college-

educated parents.

The importance of inherited demographics for
the income and wealth payoffs of college. As we
showed in the case illustrated in Table 2, it is possi-

ble to estimate how much of each demographically

defined group’s median income and median wealth

deviations from overall median income or median

wealth should be assigned to inherited demographics

and how much to acquired characteristics—namely,

a college degree. Table 6 summarizes our estimates

for college graduates.

The college grad groups with the most-favorable

inherited demographics—families headed by some-

one over 40 who identifies as white and has at least

16 Federal Reserve Bank of St. Louis

one college-educated parent—benefit from strong

“tailwinds.” The first and fifth rows in the second-to-

last column of Panels A and B in Table 6 indicate that

the median members of the two groups that fit this

description climb between 14 and 31 percentile ranks

in income and wealth distributions simply by virtue

of their inherited demographics. No other group of

college graduates comes close to receiving a boost

of this magnitude to their starting positions on both

measures.

Nonetheless, some other college grad groups

receive benefits from inherited characteristics. For

example, families headed by someone who is middle-

aged, identifies as another race or ethnicity and is

part of a two-generation college-educated family

(row 7 in the second-to-last column of Panels A

and B in Table 6; also highlighted in Table 2 and the

accompanying discussion) received a 12 percentile

boost in income distribution. There was no boost to

the group’s wealth ranking, however. Other groups

receiving modest boosts from inherited characteris-

tics typically were 40 and older, or white, or both.

Inherited demographic characteristics also can

reduce typical income and wealth, of course. Young

families, those of other races or ethnicities and those

without a college grad parent generally receive

negative contributions from their inherited

demographic characteristics. This means that,

rather than enjoying a head start when they

approach college and adult life, they actually

are behind most other families.

Some of the income-earning and wealth-

accumulating power of college therefore must be

used to dig out from the disadvantage they face.

For example, families headed by someone who

is middle-aged, of a race or ethnicity other than

white and whose parents were not college grads

begin with a predicted income rank 10 rungs below

the population median and a wealth rank 17 rungs

below the median before their own education is

Table 3. Median Family Income by Inherited Characteristics and Own Education

Partition 3: Percentile rank of median income
based on inherited characteristics alone

Partition 4: Percentile rank of median income based
on inherited characteristics and own

education

Percentile rank difference
associated with own

education

Family income: old families

White, college parents 64
College grad 77 13

Nongrad 40 –24

White, noncollege parents 45
College grad 71 26

Nongrad 36 –9

Other race, college parents 53
College grad 70 17

Nongrad 34 –19

Other race, noncollege parents 27
College grad 61 34

Nongrad 20 –7

Family income: young families

White, college parents 54
College grad 66 12

Nongrad 42 –12

White, noncollege parents 46
College grad 59 13

Nongrad 41 –5

Other race, college parents 40
College grad 56 16

Nongrad 34 –6

Other race, noncollege parents 34
College grad 57 23

Nongrad 31 –3

See notes to Figure 5.

The Demographics of Wealth 17

See notes to Figure 5.

Table 4. Median Family Net Worth by Inherited Characteristics and Own Education

Partition 3: Percentile rank of median net worth
based on inherited characteristics alone

Partition 4: Percentile rank of median net worth based
on inherited characteristics and own education

Percentile rank difference
associated with own

education

Family net worth: old families

White, college parents 81
College grad 87 6

Nongrad 62 –19

White, noncollege parents 69
College grad 85 16

Nongrad 62 –7

Other race, college parents 58
College grad 72 14

Nongrad 44 –14

Other race, noncollege parents 42
College grad 72 30

Nongrad 38 –4

Family net worth: young families

White, college parents 35
College grad 42 7

Nongrad 28 –7

White, noncollege parents 30
College grad 39 9

Nongrad 28 –2

Other race, college parents 22
College grad 29 7

Nongrad 18 –4

Other race, noncollege parents 24
College grad 31 7

Nongrad 22 –2

Table 5 displays the share of 2016 SCF two- generational families in each of four possible cate-
gories—both generations are college graduates; neither
generation has a college graduate; only the parent
generation has a college degree; and only the child
generation has a college degree. The first panel shows
all families, while the second and third panels show
data for white families and families of other races and
ethnicities,

respectively.

The most important fact shown in all panels of
Table 5 is that adults’ and children’s education levels
tend to be the same, even when we use only a crude
two-point scale. Fully 54 percent of all families have
no college graduate in either generation; an additional
16 percent of families have college graduates in both
generations. The remaining 30 percent of families

have different college-degree statuses across genera-
tions, with 12 percent having a college grad only in the
older generation and 18 percent only in the younger
generation. We termed the younger generation in the
former group downwardly mobile and, in the latter
group, upwardly mobile.

The remaining panels of Table 5 show that, while
the basic patterns are similar among whites and other
races separately, important differences also exist.
Two-generational white families are somewhat less
likely to have no college graduates in either generation
and somewhat more likely to have at least two genera-
tions of college graduates. Families of other races with
college degrees in both generations are uncommon—
only about one in eight, compared to about one in five
among whites.

Sidebar 4: Links between Parents’ and Adult Children’s Education Levels

18 Federal Reserve Bank of St. Louis

taken into account. (See row 8 in the fourth column

in both panels of Table 6.)

Comparing the last two columns in Table 6, only

two groups out of 12 college grad groups—namely,

middle-aged and old whites with college grad par-

ents—receive more than half of their total advantage

over population median income and wealth levels

by dint of their inherited demographic characteris-

tics alone.32 The tailwinds these families enjoy are

particularly strong for wealth accumulation, with the

vast majority of their advantage due to winning the

birth lottery rather than to their own education.

IV. The Effect of Parents’ Education on How
Their Adult Children Handle Money

Why does the education of an adult child’s par-

ents matter so much to their income and wealth?

Some of the inherited advantage plausibly flows

through greater monetary transfers (in gifts and

bequests) and more-intensive childhood invest-

ments, particularly in education, provided by

college-educated parents who also are, in general,

wealthier than nongrad parents.

Another likely source of inherited advantage for

accumulating wealth is what we term balance sheet

and financial behavior channels. Panel A in Table 7

shows that families headed by someone who is middle-

aged and has at least one college graduate parent

typically have a greater amount of safe and liquid

assets at their disposal than families without a college

grad parent. Strong balance sheet liquidity predicts

higher wealth and greater resilience.33 While families

with a college grad parent typically hold a somewhat

higher share of assets in residential real estate than

other families, balance sheet leverage is no higher.

This suggests that their real-estate holdings are less

exposed to default risk.

Panel B of Table 7 shows that families with a

college grad parent are more willing to take some

risks to earn a higher return on investments.

Respondents with a college grad parent score higher

on a test of financial literacy. These families search

more intensively when borrowing and investing.

Families headed by someone with a college grad

parent have a 10-percentage-point greater likelihood

of saving regularly than other families. Finally, as

explained in Sidebar 4, children tend to mirror their

parents’ educational attainment—respondents with a

See notes to Table 1 for definitions of race and ethnicity, and college attainment. Numbers are rounded.

Table 5. Parents’ and Own Education: Percentage of All Families

All families

Parents’ education Own education

Nongraduate Four-year college degree All

Nongraduate 54 18 72

Four-year college degree 12 16 28

All 66 34 100

Non-Hispanic white families

Parents’ education Own education
Nongraduate Four-year college degree All

Nongraduate 34 13 47

Four-year college degree 8 13 21

All 42 26 68

Other races and ethnicities

Parents’ education Own education
Nongraduate Four-year college degree All

Nongraduate 20 5 25

Four-year college degree 4 4 7

All 24 8 32

The Demographics of Wealth 19

college grad parent are more likely to become college

grads themselves. All of these facts point to tangible

ways in which families with a college grad parent

may accumulate more wealth than other families.

V. Conclusions

We documented a strong relationship between

SCF respondents’ own education and their adult

outcomes such as income and wealth. We also

showed that inherited demographic characteristics

modify the relationship in important ways. We con-

cluded that inherited demographic characteristics

are important predictors of income and wealth.

Our main focus was on the education level of a

respondent’s parents. This matters both because

children tend to achieve educational outcomes sim-

ilar to their parents’ and because the effects of higher

education appear to compound across generations.

That is, having a college-educated parent enhances

the income-earning and wealth-accumulating

power of an adult child’s college education.

We document three key results connecting

education and wealth in a two-generation con-

text. First, families headed by someone with favor-

able inherited demographic characteristics—being

white, being over 40 and having parents who were

Table 6. College Graduates: Effects on Overall Median Levels Due to Inherited and Acquired Characteristics

Inherited characteristics Differences between Partitions 3 and 4

Age of family head
Race or ethnicity

of family head
College education of
respondent’s parents

Change from 50th
percentile rank due to

inherited characteristics

Change in rank due
to own education

(acquired characteristic)

Panel A: Income

Old

White
College 14 13

None –5 26

Other
College 3 17

None –23 34

Middle

White

College 30 7

None 8 22

Other
College 12 14

None –10 21

Young

White

College 4 12

None –4 13

Other
College –10 16

None –16 23

Panel B: Net worth

Old

White
College 31 6

None 19 16

Other
College 8 14

None –8 30

Middle

White
College 25 8

None 9 17

Other
College –1 25

None –17 17

Young

White
College –15 7

None –20 9

Other
College –28 7

None –26 7

See notes to Table 1 for definitions of age group, race and ethnicity, and college attainment.

20 Federal Reserve Bank of St. Louis

well-educated—on average earn significantly higher

incomes and accumulate much more wealth than

families without these

characteristics.

Second, among college graduate families with

the least-advantageous demographic characteristics,

such as no college-educated parents, completion

of a four-year degree typically boosts income and

wealth far above the levels predicted solely from

inherited characteristics.

Finally, we show that families with the most-

advantageous inherited characteristics whose heads

do not complete a four-year college degree suffer

greater proportionate shortfalls of income and wealth

than their predicted levels, compared to families

whose heads also do not complete four-year degrees

but who have less favorable inherited demographic

characteristics.

To be fruitful, policy should build on the fact base

established here. The return on college is large, on

average, but it is unequal across the population and,

while positive, diminishes across successive gen-

erations of college graduates. Income and wealth

disparities are deeply rooted because inherited

demographic characteristics exert significant effects.

In addition to race and ethnicity, as well as birth year

and age, we have shown that parental education

is another key background factor influencing the

earning and wealth-accumulating power of a college

education.

Table 7. Balance Sheet and Financial Behavior Channels of Wealth Accumulation

A. Balance Sheets by Parents’ Education Level: Middle-aged Families

Balance sheet measures College grad parents Nongrad parents

Median liquid assets $11,750 $3,032

Median primary RRE/total assets 37.8% 33.5%

Median debt/assets 25.7% 25.9 %

B. Financial Behavior by Parents’ Education Level: Middle-Aged Families

Financial behavior measures College grad parents Nongrad parents

Financial Risk-Taking (Scale of 0 to 10) 5.0 4.3

Mean Test Score (Maximum score is 3) 2.4 2.1

Credit Search Intensity (Scale of 0 to 10) 7.2 6.7

Investment Search Intensity (Scale of 0 to 10) 6.5 6.0

Saving Rate (Percentage of households) 53.3 43.3

Definitions

Liquid assets: Safe and liquid assets include holdings of checking, savings, money market, and call accounts, certificates of deposit, savings bonds, and
prepaid debit cards.

Primary RRE/total assets: Ratio of market value of primary residential real estate to total assets.

Debt/assets: Ratio of total liabilities to total assets.

Definitions

Financial Risk-Taking: Self-assessed willingness to take financial risks when saving or making investments.

Mean Test Score: Sum of correct questions in assessment of financial literacy. For more information regarding specific questions asked, see variables
X7558, X7559 and X7560 in the 2016 SCF codebook.

Credit Search Intensity: Self-assessed search intensity for best terms when borrowing money or obtaining credit.

Investment Search Intensity: Self-assessed search intensity for best terms when making saving and investment decisions.

Saving Rate: Share of households whose spending was less than income.

Endnotes

1 The previous edition of The Demographics of

Wealth appeared in 2015 and was based on data

through 2013 (https://www.stlouisfed.org/house-

hold-financial-stability/the-demographics-

of-wealth).

2 For expositional convenience, we use the term

“head of household” interchangeably with “sur-

vey respondent.” In a small number of Survey of

Consumer Finances (SCF) families, the identities

of these individuals differ. The definitions and

figures reported here always reflect the survey

respondent.

3 Mirowsky and Ross (2017).

4 Zhu et al. (1996).

5 Reiman and Leighton (2017).

6 Isen and Stevenson (2010).

7 Cheng and Furnham (2012).

8 Emmons and Noeth (May 2015).

9 Friedline, Nam and Loke (2014).

10 McCarthy (2011).

11 Hanushek and Kimko (2000).

12 Bérenger and Verdier-Chouchane (2007).

13 The median income in 2016 among college-

grad-headed, middle-aged white families with

at least one college grad parent was $156,756,

compared with $114,225 for otherwise compara-

ble families without a college grad parent. Median

wealth was $629,900 among college grad families

with at least one parent who also had a college

degree, versus $409,110 among similar college

grad families without a college grad parent. All

data are from the Federal Reserve’s (SCF).

14 Median income and wealth boosts from college-

educated parents among nonwhite college fami-

lies were 46 and 246 percent, respectively. Median

income and wealth for nonwhite college grad

children of college grad parents were $102,681 and

$347,586, respectively. These levels were only 66

and 55 percent, respectively, of the levels enjoyed

by their similarly educated white counterparts.

15 Pfeffer and Killewald (2017) and Pfeffer (Forthcom-

ing) document strong intergenerational wealth

and education links. They find that parental

investments in children’s education may be even

more consequential than monetary transfers.

16 Emmons and Ricketts (2017) found that balance

sheet and financial behavior variables were

strong predictors of family wealth in a multiple-

regression framework.

17 This comparison includes families of all education

levels, races and ages. The effect of a college grad

parent on saving behavior is even more pro-

nounced among families headed by someone of

a race or ethnicity other than white or who is

young or middle-aged. Among all nonwhite

middle-aged (40- to 61-year-old) families, those

headed by someone with at least one college grad

parent were 17 percentage points more likely to

save than otherwise similar families without a

college-grad parent.

18 See Emmons and Noeth (May 2015).

19 This essay highlights just one inherited character-

istic: parents’ education. The other two inherited

demographic characteristics—race or ethnicity,

and age and birth year—are the main focus of

the forthcoming Essays No. 2 and 3 in the series,

respectively.

20 See Bricker et al. (2017) for a description of the

methodology and some results from recent waves

of the SCF. See Emmons and Noeth (May 2015) for

income and wealth trends through 2013 using

four levels of educational attainment: less than

high school; high school or GED; a two- or four-

year college degree; and a postgraduate degree.

21 Comparing means (i.e., averages) rather than

medians, the ratios were 31 and 18 percent,

respectively.

22 All dollar amounts in this essay are expressed in

2016 dollars, deflated by the Consumer Price Index

for All Urban Consumers, Research Series

(CPI-U-RS).

23 A key implicit assumption in our approach is that

the distribution of effort—that is, the range of how

hard people work, from very little to very hard—

is basically the same across groups. In particular,

we assume that the typical or median amount of

effort exerted is about the same across groups.

Indeed, if we believed there were a systematic dif-

ference in the amount of effort the members of a

particular demographically defined group exerted,

we would attribute the effort difference itself to the

demographic factor that defines the comparison

groups. This assumption is important in ruling out

The Demographics of Wealth 21

a potential explanation of differences in out-

comes along the lines of “People with/without

Characteristic X earn less income because they

simply don’t work as hard.”

24 Figure 4 in Emmons and Noeth (July 2015)

shows that income typically increases from a low

level at the beginning of one’s working life to a

peak near the end of the working life before

declining in retirement. Figure 7 shows that

wealth usually also rises into middle age but

typically does not decline as much as income

in old age.

25 See Emmons and Noeth (February 2015).

26 We divided the overall income and wealth distri-

butions into 100 equal parts, or percentiles. Each

median income and net worth statistic discussed

here that falls between percentiles was assigned

to the lower of the two.

27 We assumed that parental education, which is

outside of the respondent’s control, was com-

pleted prior to birth or very early during develop-

ment in the vast majority of cases.

28 Income and wealth rankings were determined

separately, so the median families mentioned

here are not necessarily the same ones.

29 Compare the values shown in the highest and

the lowest elements of Partition 3.

30 The median income and wealth of a white,

middle-aged nongrad with at least one college-

educated parent were $76,758 and $158,656,

respectively, while the median income and

wealth of a middle-aged college grad of another

race or ethnicity without college-educated

parents were $70,479 and $100,354, respectively.

31 We term this the “exceeding-expectations” effect

because only a quarter of children without

college-educated parents complete college

themselves. (See Sidebar 4 and Table 5.)

32 See rows 1 and 5 in both panels of Table 6.

Old white college grads without college grad par-

ents (row 2) receive more than half of their total

wealth, but not income, advantage from inherited

characteristics.

33 Emmons and Ricketts (2017).

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  • Utah Law Review
  • Volume 2018 | Number 4 Article 1

    7-2018

    Broken Promises: How Debt-financed Higher
    Education Rewrote America’s Social Contract and
    Fueled a Quiet Crisis
    Seth Frotman

    Follow this and additional works at: https://dc.law.utah.edu/ulr

    Part of the Consumer Protection Law Commons

    This Article is brought to you for free and open access by Utah Law Digital Commons. It has been accepted for inclusion in Utah Law Review by an
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    Recommended Citation
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    Quiet Crisis,” Utah Law Review: Vol. 2018 : No. 4 , Article 1.
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    811

    BROKEN PROMISES: HOW DEBT-FINANCED HIGHER EDUCATION
    REWROTE AMERICA’S SOCIAL CONTRACT

    AND FUELED A QUIET CRISIS

    Seth Frotman*

    Abstract
    The U.S. student loan market stands at $1.5 trillion—the second

    largest consumer debt market in the country. Despite the vast size of this
    market and the far-reaching spillover effects of student loan debt on
    individuals and communities, the American higher education system
    increasingly relies on debt financing as the predominant mechanism by
    which American families pay for college. Furthermore, student loans still
    lack a comprehensive twenty-first century consumer protection
    infrastructure. Researchers and policymakers are only now beginning to
    acknowledge the threat runaway student debt poses to the American social
    contract—even as millions of borrowers across the country struggle with
    the consequences of this quiet crisis.

    I. INTRODUCTION

    Student loan debt has fundamentally changed the lives and livelihoods of tens

    of millions of people. This notion is both obvious and intuitive to the forty-four
    million Americans who currently owe more than $1.5 trillion in student loan debt,
    yet remains surprisingly controversial in Washington.1 America’s embrace of a debt-

    * © 2018 Seth Frotman. Assistant Director and Student Loan Ombudsman of the

    Consumer Financial Protection Bureau. The views as expressed are the author’s alone and
    do not necessarily represent those of the Consumer Financial Protection Bureau. This Article
    was adapted from keynote remarks by Seth Frotman at the Utah Law Review Symposium:
    Financing the Future: The Law and Politics of Student Debt in American Higher Education
    on October 20, 2017, with special thanks to Bonnie Latreille and Chris Peterson.

    1 See Consumer Credit–G.19 in March 2018, FED. RES. BOARD OF GOVERNORS (May
    07, 2018), https://www.federalreserve.gov/releases/g19/current/default.htm [https://perma.
    cc/K3LR-4CRT] (as of March 2018, outstanding student loan debt totaled $1.521 trillion).
    Commentators have argued that for the majority of student loan borrowers, student loan debt
    is not a burden. See, e.g., Editorial Board, Democrats’ Loose Talk on Student Loans, WASH.
    POST (July 31, 2016), https://www.washingtonpost.com/opinions/democrats-loose-talk-on-
    student-loans/2016/07/31/fe93430e-5417-11e6-88eb-7dda4e2f2aec_story.html?utm_term=
    .f08fc3070e44 [https://perma.cc/A85K-NECC] (“[T]he benefits from such investment in
    human capital accrue to individuals who possess it. So it is not unreasonable to ask them to
    share the cost.”); Debra Liese, Beth Akers & Matthew Chingos: Does the Public Narrative
    About Student Debt Reflect Reality?, PRINCETON UNIV. PRESS (Oct. 27, 2016),
    http://blog.press.princeton.edu/2016/10/27/beth-akers-matthew-chingos-does-the-public-
    narrative-about-student-debt-reflect-reality/ [https://perma.cc/P2FG-5B5N] (“The crisis that

    812 UTAH LAW REVIEW [NO. 4

    financed higher education model has broken the basic tenets of the social contract
    between the U.S. government and its citizens—the contract that relies on the
    supposed notion that higher education is the nation’s great equalizer; and that
    attending college always provides a clear pathway to the middle class.2 An honest
    assessment of the situation shows this to no longer be true.

    This student debt crisis did not happen by accident. A $1.5 trillion market is
    never an accident.3 This quiet crisis is the consequence of incremental policy
    decisions that drove up college costs and shifted the burden for shouldering these
    costs to individual students—a shift financed by consumer debt.

    It is imperative to understand the array of decisions that led to this place for
    two reasons. First, because the people whose lives have been so severely impacted
    by student debt deserve an accurate accounting of why they have been uniquely
    asked to bear this burden. And second, so that policymakers and the higher education
    community—from universities, to researchers, to foundations—can shape a
    response that recognizes and effectively addresses the real problems that student
    loan borrowers face across their financial lives.

    In 2008, the worst economic recession since the Great Depression crippled the
    nation and destroyed trillions of dollars in household wealth.4 Millions of Americans
    stood by, powerless to intervene in their own financial lives.5 The financial crisis
    exposed deep rooted systemic problems underlying the most basic functions of

    permeates public discussion is a manufactured narrative based largely on anecdotes,
    speculation, shoddy research, and inappropriate framing of the issue.”).

    2 See In America, Education Is Still the Great Equalizer, HOMEROOM (last visited Apr.
    10, 2018), https://blog.ed.gov/2011/12/in-america-education-is-still-the-great-equalizer/
    [https://perma.cc/TY5B-YPNN] (“‘In America, education is still the great equalizer,’
    Secretary Duncan told a group of graduates at Fayetteville State University’s Winter
    Commencement on Saturday. Duncan described the importance of education in today’s
    economy, and that education is, in the long run, one of the best investments one can make
    for the future.”).

    3 See generally SETH FROTMAN, CFPB, PREPARED REMARKS BEFORE THE CALIFORNIA
    STATE SENATE BANKING AND FINANCIAL INSTITUTIONS COMMITTEE (Mar. 22, 2017),
    http://files.consumerfinance.gov/f/documents/201703_cfpb_Frotman-Testimony-CA-
    Senate-Banking-Committee [https://perma.cc/TR42-DN79] [hereinafter FROTMAN,
    CFPB, PREPARED REMARKS] (detailing the policy decisions that led to the rise in student
    debt across the country); see also Mark Huelsman, Reflecting on $1 Trillion in Student Debt,
    and Why We’re Headed for $2 Trillion, DEMOS (Apr. 24, 2014), http://www.demos.org/blog
    /4/24/14/reflecting-1-trillion-student-debt-and-why-were-headed-2-trillion [https://perma.cc
    /AMT3-9FPF] (finding that the United States’ student loan market will likely reach $2
    trillion in 2022).

    4 FED. RES. BD. OF GOVERNORS, FLOW OF FUNDS ACCOUNTS OF THE UNITED STATES:
    FLOWS AND OUTSTANDINGS FOURTH QUARTER 2008 (2009), https://www.federalreserve.
    gov/releases/z1/20090312/z1 [https://perma.cc/JC62-RSKR] (“For 2008 as a whole,
    household net worth fell $11.2 trillion.”).

    5 See generally Problems in Mortgage Servicing from Modification to Foreclosure:
    Hearing before the Comm. on Banking, Hous., & Urban Affairs, 111th Cong. (2010),
    https://www.gpo.gov/fdsys/pkg/CHRG-111shrg65258/html/CHRG-111shrg65258.htm
    [https://perma.cc/Z9LW-LLXS].

    2018] BROKEN PROMISES 813

    consumer credit markets.6 The economy failed consumers at every turn. Millions of
    people needlessly lost their homes.7 The most vulnerable people in the country were
    hit the hardest.8 Nearly a decade later, many families and communities have yet to
    recover.9

    As is often the case, researchers and policymakers engaged in a familiar cycle
    of study and reaction—diagnosing the causes, learning the lessons, and enacting the
    “right” reforms.10 In response, America’s leaders made three promises. First, they

    6 See Press Release, U.S. Dep’t of the Treasury, Remarks by Deputy Secretary Sarah
    Bloom Raskin at the National Foundation for Credit Counseling 50th Annual Leaders’
    Conference (Sept. 28, 2015), https://www.treasury.gov/press-center/press-releases/Pages/
    jl0186.aspx [https://perma.cc/9B2T-GTE6] (“The financial crisis exposed the real dangers
    from having a system with misaligned incentives and shoddy oversight of complex markets.
    Those fundamental flaws took a toll on a crucial wealth-building asset—the home—and in
    their wake we were left with households with damaged balance sheets and a slow, uneven
    recovery—indicative of a slow rebuilding of household wealth. We need to ensure that we
    design a credit system that can be navigated and that functions efficiently for all participants
    in all economic environments.”); see also Adam J. Levitin, Hydraulic Regulation:
    Regulating Credit Markets Upstream, 26 YALE J. ON REG. 143, 151 (2009) (“The events of
    the past year have laid bare the shortcomings of our current system of financial-institution
    regulation. These shortcomings have played out on two levels: consumer protection and
    systemic risk. . . .”).

    7 See Patricia A. McCoy, Barriers to Foreclosure Prevention During the Financial
    Crisis, 55 ARIZ. L. REV. 723, 726 (2013) (finding that artificial barriers to foreclosure
    prevention programs inflicted “enormous, needless losses on borrowers, investors, and
    society at large”).

    8 See ANN OWENS & ROBERT J. SAMPSON, THE RUSSELL SAGE FOUNDATION AND THE
    STANFORD CENTER ON POVERTY AND INEQUALITY, COMMUNITY WELL-BEING AND THE
    GREAT RECESSION 6 (2013), https://www.stanford.edu/group/recessiontrends/cgi-
    bin/web/sites/all/themes/barron/pdf/Communities_fact_sheet [https://perma.cc/P8EK-
    9G7N] (“Many of the nation’s most vulnerable communities have borne the brunt of the
    economic crisis, as poverty, vacancy rates, and particularly unemployment rates increased
    more in disadvantaged and minority neighborhoods.”); Why Did the Housing Bust Hit Black
    and Latino Families Harder?, FED. RES. BANK OF ST. LOUIS: ON THE ECON. (Aug. 10, 2017),
    https://www.stlouisfed.org/on-the-economy/2017/august/why-housing-bust-hit-black-latino
    -families-harder [https://perma.cc/ZZ2U-QRMR].

    9 See EMILIA ISTRATE & TADAS PACK, COUNTY ECONOMIES 2016: WIDESPREAD
    RECOVERY, SLOWER GROWTH (2017), http://www.naco.org/sites/default/files/documents/
    County-Economies-2016 [https://perma.cc/78ZX-ZUT6]; Rakesh Kochhar & Richard
    Fry, Wealth Inequality Has Widened Along Racial, Ethnic Lines Since End of Great
    Recession, PEW RES. CTR. (Dec. 12, 2014), http://www.pewresearch.org/fact-
    tank/2014/12/12/racial-wealth-gaps-great-recession [https://perma.cc/XJT5-SLGM]; Ten
    Years After Financial Crisis, Nearly One-in-Three Americans Still Feeling the Sting,
    COUNTRY FIN. (July 13, 2017), https://www.countryfinancial.com/en/about-
    us/newsroom/year2017/Americans-still-feeling-sting-of-financial-crisis.html [https://perma
    .cc/5AQE-AQMB].

    10 See, e.g., Dodd Statement on Implementation of Dodd-Frank Act, U.S. S. COMM. ON
    BANKING, HOUSING, & URBAN AFFAIRS (Sept. 30, 2010), https://www.banking.senate.gov/
    public/index.cfm/democratic-press-releases?ID=6312FD47-F649-1CF7-E53D-C4D3C313

    814 UTAH LAW REVIEW [NO. 4

    promised that the public and private spheres would install a framework to stop many
    of the practices that led to the financial crisis.11 Second, they promised that this
    framework would protect individual consumers accessing and repaying the financial
    products that underpin a twenty-first century economy.12 And finally, they promised
    that by learning from the practices that ignited the last crisis, America’s financial
    system could prevent the next one.13 In effect, leaders promised the country that they
    would never let something like this happen again.14 The current student loan market
    is the first real test of this proposition.

    For nearly a decade, the federal government has attempted to get a handle on
    the country’s growing student debt problem.15 And yet, as policymakers across the

    1292 [https://perma.cc/W596-8WNG] (“I believe we can say that, thanks to the hard work
    of Democrats and Republicans on this committee—and with the sage counsel of our
    witnesses and many others whose perspectives we have considered carefully—we have
    delivered the reform our financial system needs and provided the American people with the
    economic stability they deserve.”).

    11 See, e.g., Press Release, U.S. Dep’t of Treasury, Treasury Deputy Secretary Neal
    Wolin Written Testimony before the Senate Banking Committee on “Implementing the
    Dodd-Frank Wall Street Reform and Consumer Protection Act” (Sept. 30, 2010),
    https://www.treasury.gov/press-center/press-releases/Pages/tg881.aspx [https://perma.cc/2J
    Q3-LANY] (“The Act builds a stronger financial system by addressing major gaps and
    weaknesses in regulation that helped cause the financial crisis that led to the recession. It
    puts in place buffers and safeguards to reduce the chance that another generation will have
    to go through a crisis of similar magnitude.”).

    12 See, e.g., Arthur E. Wilmarth, Jr., The Financial Services Industry’s Misguided Quest
    to Undermine the Consumer Financial Protection Bureau, 31 REV. BANKING & FIN. L. 881,
    881 (2011–2012), https://www.bu.edu/rbfl/files/2013/09/UnderminingTheConsumerFinan
    cialProtectionBureau [https://perma.cc/UP7Y-REY6] (“The preamble to the Dodd-
    Frank Wall Street Reform and Consumer Protection Act . . . affirms that one of the statute’s
    primary purposes is ‘to protect consumers from abusive financial services practices.’ When
    President Obama signed Dodd-Frank into law, he declared that the statute would create ‘the
    strongest consumer financial protections in history.’”).

    13 See Rep. Maxine Waters, How to Prevent Another Financial Crisis, U.S. H. COMM.
    ON FIN. SERV. (Sept. 19, 2014), https://democrats-financialservices.house.gov/news/docu
    mentsingle.aspx?DocumentID=398641 [https://perma.cc/7CYE-6MGH].

    14 See, e.g., President Barack Obama, Remarks in Reno, Nevada, AM. PRESIDENCY
    PROJECT (Sept. 30, 2008), http://www.presidency.ucsb.edu/ws/index.php?pid=84462
    [https://perma.cc/E37K-JA8M] (“These are the changes and reforms that we
    need. . . . Common-sense regulations for our financial system that will prevent a crisis like
    this from ever happening again.”); Wall Street Reform: The Dodd-Frank Act, WHITE HOUSE
    (last visited Apr. 10, 2018) https://obamawhitehouse.archives.gov/economy/middle-
    class/dodd-frank-wall-street-reform [https://perma.cc/MXM5-TBSB] (“To make sure that a
    crisis like this never happens again, President Obama signed the Dodd-Frank Wall Street
    Reform and Consumer Protection Act into law.”).

    15 See, e.g., SEC’Y JOHN B. KING, JR., GIVING EVERY STUDENT A FAIR SHOT: PROGRESS
    UNDER THE OBAMA ADMINISTRATION’S EDUCATION AGENDA (2017),
    https://www2.ed.gov/documents/press-releases/cabinet-exit-memo [https://perma.cc/2J
    9E-NBWQ] (reflecting on the administration’s achievements in improving student loan
    affordability); Fact Sheet: Taking Action to Help More Americans Manage Student Debt,

    2018] BROKEN PROMISES 815

    government have supposedly worked to prevent another crisis, it remains clear—it
    is too late. Those promises were broken and, yet again, America finds itself facing
    a crisis.

    Today, more than eight million federal student loan borrowers are in default.16
    Another three million borrowers are at least two payments behind.17 In 2017 alone,
    1.1 million federal student loan borrowers defaulted—that is one default every
    twenty-eight seconds.18

    WHITE HOUSE (Apr. 28, 2016), https://obamawhitehouse.archives.gov/the-press-
    office/2016/04/28/fact-sheet-taking-action-help-more-americans-manage-student-debt
    [https://perma.cc/8A53-Y3EF] (outlining the administration’s efforts to increase flexibility
    and affordability during student loan repayment). Additionally, in 2010, Congress passed the
    Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), calling for
    increased measures to protect student loan borrowers. 12 U.S.C. § 5535 (2010). See also
    Matthew B. Fuller, A History of Financial Aid to Students, 44 J. STUDENT FIN. AID 42, 58
    (2014) (“The Higher Education Act was reauthorized in 2008, under the name The Higher
    Education Opportunity Act of 2008, and reinforced the government’s and society’s
    discontent with increasing college costs.”).

    16 See Federal Student Loan Portfolio, U.S. DEP’T EDUC., https://studentaid.ed.gov/sa/
    about/data-center/student/portfolio [https://perma.cc/YUF6-SX2] (last visited Apr. 10,
    2018); Federal Perkins Loan Program Status of Default as of June 30, 2016, U.S. DEP’T
    EDUC. (June 12, 2017), https://ifap.ed.gov/perkinscdrguide/1516PerkinsCDR.html
    [https://perma.cc/DU4Q-BAC9].

    17 Portfolio by Delinquency Status, U.S. DEP’T EDUC., https://studentaid.ed.gov/sa/
    sites/default/files/fsawg/datacenter/library/DLPortfoliobyDelinquencyStatus.xls
    [https://perma.cc/4392-JVQS] (last visited May 8, 2018).

    18 See Direct Loans Entering Default, U.S. DEP’T EDUC. 2017 Q2–2018 Q1,
    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/DLEnteringDefaults
    .xls [https://perma.cc/NY8L-5CTP] (last visited May 8, 2018); see also CFPB Concerned
    About Widespread Servicing Failures Reported by Student Loan Borrowers, CFPB (Sept.
    29, 2015), https://www.consumerfinance.gov/about-us/newsroom/cfpb-concerned-about-
    widespread-servicing-failures-reported-by-student-loan-borrowers/ [https://perma.cc/F8LK
    -SDLC] (“One in four student loan borrowers are currently in default or struggling to stay
    current on their loans, despite the availability of income-driven repayment options for the
    vast majority of borrowers.”); see also Paul Fain, Growing Number of Borrowers Are in
    Default, INSIDE HIGHER ED (Dec. 14, 2017), https://www.insidehighered.com/quicktakes/
    2017/12/14/growing-number-borrowers-are-default [https://perma.cc/W53L-FKZ2]
    (“Roughly 298,000 borrowers entered into default during the quarter that ended in
    September . . . with 274,000 defaulting for the first time.”); Shahien Nasiripour, The
    Government Can’t Agree with Itself on Policing Student Loan Companies, BLOOMBERG
    (Aug. 24, 2016, 8:24 AM), https://www.bloomberg.com/news/articles/2016-08-24/the-
    government-can-t-agree-with-itself-on-policing-student-loan-companies [https://perma.cc/
    J4LA-HSNR] (“An American defaulted on a student loan direct from the U.S. Department
    of Education every 28 seconds over the past year. Nearly all of those more than 1.1 million
    defaults were avoidable, because almost every borrower is eligible for a repayment plan
    based on affordability.”).

    816 UTAH LAW REVIEW [NO. 4

    To put these numbers into context, in 2016, three times as many people
    defaulted on a student loan than lost their home due to foreclosure.19 In fact, the rate
    of student loan defaults in 2016 is comparable to the foreclosure rate following the
    mortgage meltdown.20 However, this is only one part of the crisis. Ballooning,
    unaffordable student loan debt does not end with the millions of borrowers who are
    behind or in default on a student loan.

    Some people have tried to explain away the student loan crisis by relying on an
    overly narrow definition of what it means for a borrower to be “struggling.”21
    However, by limiting the definition of the student debt problem to those borrowers

    19 Household Debt and Credit Report (Q4 2017), FED. RES. BANK N.Y.,

    https://www.newyorkfed.org/microeconomics/hhdc.html [https://perma.cc/8AXT-5WFF]
    (last visited Apr. 10, 2018) (reporting 339,000 foreclosures in 2016 calendar year).

    20 See Michelle Conlin, Student Loan Borrowers, Herded into Default, Face a
    Relentless Collector: The U.S., REUTERS: INVESTIGATES (July 25, 2017, 1:00 PM),
    https://www.reuters.com/investigates/special-report/usa-studentloans [https://perma.cc/Z8
    73-BGWK] (“Today, 11 percent of the $1.325 trillion of federal student loans outstanding is
    severely delinquent or in default, higher than the mortgage default rate at the peak of the
    foreclosure crisis in 2010 . . . .”).

    21 See, e.g., SANDY BAUM, STUDENT DEBT: RHETORIC AND REALITIES OF HIGHER
    EDUCATION FINANCING 7 (2016) (“The misperception that bachelor’s degree recipients with
    very high levels of debt are typical coexists with the misperception that individuals who have
    borrowed for college are among the groups in society struggling most.”); Joel A. Elvery, Is
    There a Student Loan Crisis? Not in Payments, FED. RES. BANK OF CLEV.,
    https://clevelandfed.org/~/media/content/newsroom%20and%20events/publications/forefro
    nt/ff%20v7n02/ff%20v7n0204%20is%20there%20a%20student%20loan%20crisis%20pdf.
    pdf?la=en [https://perma.cc/J4DV-JNEL] (last visited Apr. 10, 2018) (arguing that the
    college wage premium and the option to make student loan payments based on income
    negates the harm of increased student debt); Liese, supra note 1 (“The typical borrower we
    hear about in news stories about student loan debt tends to have an enormous balance, is
    unemployed or working a low-paying job, and lives with his or her parents to save money
    on living expenses. These struggling borrowers are real, and their problems are troubling,
    but they are outliers in the broader picture of student borrowing in the United States.”); Lizzie
    O’Leary, Why Student Debt Is ‘A Crisis’ for Some Borrowers, PBS: NEWS HOUR (Oct. 21,
    2016, 7:36 PM), https://www.pbs.org/newshour/show/student-debt-crisis-borrowers
    [https://perma.cc/CFQ5-3NC5] (in which Sandy Baum states, “Student debt is a crisis for
    some people, but student debt is not the generalized crisis that the common discourse would
    make it appear. Yes, people are paying more of their incomes for a college education, but
    still it’s worth it for most people.”).

    2018] BROKEN PROMISES 817

    who are behind or in default, the literature assumes that the remaining thirty-three
    million borrowers are doing just fine.22 This perspective is deeply flawed.23

    First, it is certainly not acceptable to write off the financial futures of eleven
    million people. Second, by defining down what it means to “struggle” to include
    only those in immediate, documented financial distress, these commentators are
    ignoring the broader reality of debt-financed higher education. For every borrower
    who misses a student loan payment or defaults on a debt, there is another borrower
    who is struggling to buy a home, start a business, or save for retirement due to the
    burden of their student loans.24

    22 See, e.g., Claudio Sanchez, Is the Student Loan Crisis Fact or Fiction?, NPR: ED
    (July 28, 2016, 6:00 AM), https://www.npr.org/sections/ed/2016/07/28/487032643/is-the-
    student-loan-crisis-fact-or-fiction [https://perma.cc/DWB8-ENQP] (interviewing Sandy
    Baum, who states that “[p]eople have an image of a recent bachelor’s degree recipient who
    went to college for four years and is now 22–23 years old and is working at Starbucks. Those
    people are very rare. People who earn bachelor’s degrees, by and large, do fine.”).

    23 See Marshall Steinbaum, Who’s Afraid of the Student Debt Crisis?, BOS. REV. (Dec.
    20, 2016), http://bostonreview.net/education-opportunity/marshall-steinbaum-whos-afraid-
    student-debt-crisis [https://perma.cc/TY6M-CJ67] (“Baum, Akers, and Chingos—as well as
    Adam Looney and Constantine Yannelis, authors of a Brookings Institution study both books
    rely on—are all correct that crisis is felt most acutely by the worst-off borrowers with low
    incomes, who also tend to have small loan balances. But that pattern does not imply that the
    policy is a success for everyone else.”); see also Rajashri Chakrabarti et al., At the N.Y. Fed:
    Press Briefing on Household Borrowing with Close-Up on Student Debt, FED. RES. BANK
    OF NY: LIBERTY STREET ECON. (Apr. 3, 2017), http://libertystreeteconomics.newyorkfed.org
    /2017/04/at-the-ny-fed-press-briefing-on-household-borrowing-with-close-up-on-student-
    debt.html [https://perma.cc/E9N3-ADSP] (“We have noted in the past that delinquency and
    default rates are lower among higher-balance borrowers; however, the default rates among
    higher-balance borrowers have worsened notably in recent years. Further, payment progress
    is slower among those who borrowed more.”).

    24 See, e.g., Meta Brown & Sydnee Caldwell, Young Student Loan Borrowers Retreat
    from Housing and Auto Markets, FED. RES. BANK OF NY: LIBERTY STREET ECON. (Apr. 17,
    2013), http://libertystreeteconomics.newyorkfed.org/2013/04/young-student-loan-
    borrowers-retreat-from-housing-and-auto-markets.html [https://perma.cc/T5UA-NUQJ]
    (illustrating the potential for lost asset accumulation opportunities, homeownership rates of
    30-year-old student loan borrowers decreased by more than 5 percent compared with
    homeownership rates of 30-year-old non-borrowers); FED. RES. BANK OF NY, PRESS
    BRIEFING ON HOUSEHOLD DEBT, WITH FOCUS ON STUDENT DEBT 36–47 (Apr. 3, 2017),
    https://www.newyorkfed.org/medialibrary/media/press/PressBriefing-Household-Student-
    Debt-April32017 #page=39 [https://perma.cc/3AF8-BJYU] (finding that college
    attendees with student debt have lower homeownership rates than college attendees without
    student debt and that higher debt balances are associated with lower home ownership rates);
    Brent W. Ambrose et al., The Impact of Student Loan Debt on Small Business Formation
    (Mar. 31, 2014), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2417676
    [https://perma.cc/ST5Z-F44X]; Brandon Busteed, Student Loan Debt: Major Barrier to
    Entrepreneurship, GALLUP (Oct. 14, 2015), http://www.gallup.com/businessjournal/186179
    /student-loan-debt-major-barrier-entrepreneurship.aspx [https://perma.cc/KM63-NLWP];
    CONSUMER FIN. PROTECTION BUREAU, SNAPSHOT OF OLDER CONSUMERS AND STUDENT
    LOAN DEBT 14 (2017), http://files.consumerfinance.gov/f/documents/201701_cfpb_OA-

    818 UTAH LAW REVIEW [NO. 4

    Student debt has imperiled access to these key pillars of the middle class for
    far too many Americans. The Great Recession devastated an entire generation of
    people, and by breaking the promises made in the aftermath, America has
    condemned the next.

    As this Article will show, the country is doomed to repeat history again and
    again until policymakers rebuild the foundation on which these promises were made.
    Part II of this Article reflects on the series of discrete and intentional policy decisions
    by state and federal lawmakers that led to unprecedented levels of student loan
    borrowing. Part III discusses the student loan servicing market structure and how
    lapses in oversight lead to consumer harm. Part IV evaluates how action across all
    levels of government can relieve student debt burdens and mitigate consumer harm.
    Finally, Part V analyzes areas in need of further study as researchers and
    policymakers seek to fix the student debt crisis.

    II. A $1.5 TRILLION PROBLEM

    In order to address the student debt crisis, one must first understand how the

    crisis came to be. In all instances, public policy reflects a series of choices. The
    student debt crisis is no exception. History can trace the rapid rise of student debt to
    a series of choices made in state houses across the country, stretching back more
    than a decade.25 These choices were laid on a foundation built at the federal level
    that not only tolerated, but promoted, debt-financed higher education.26

    Student-Loan-Snapshot [https://perma.cc/284M-RNY5] (reporting that borrowers
    nearing retirement “had a lower median amount in their employer-based retirement account
    or an Individual Retirement Account (IRA) than consumers without student loan debt”);
    Joseph Egoian, 73 Will Be the Retirement Norm for Millennials, NERDWALLET (Oct. 23,
    2013), https://www.nerdwallet.com/blog/investing/73-retirement-norm-millennials/
    [https://perma.cc/QF9V-RN5C] (finding that a 4 year college graduate with median student
    loan debt of $23,000 has about $115,000 less in retirement savings than a 4 year college
    graduate with no student loans by the time they reach age 73); Jeffrey P. Thompson & Jesse
    Bricker, Does Education Loan Debt Influence Household Financial Distress? An Assessment
    Using the 2007–09 SCF Panel 2 (Fin. & Econ. Discussion Series, Working Paper No. 2014-
    90, 2014), https://www.federalreserve.gov/econresdata/feds/2014/files/201490pap
    [https://perma.cc/8GFF-9VJG] (finding “that student loans are correlated with financial
    distress in the 2007–09 SCF panel and families that hold student loans are more likely to
    transition to financial distress between 2007 and 2009. Families with student loans in 2007
    were about 4 percentage points more likely to be 60 days late paying bills and about 5
    percentage points more likely to be denied credit in 2009.”).

    25 See Michael Mitchell et al., CTR. ON BUDGET AND POL’Y PRIORITIES, A LOST
    DECADE IN HIGHER EDUCATION FUNDING: STATE CUTS HAVE DRIVEN UP TUITION AND
    REDUCED QUALITY (Aug. 23, 2017), https://www.cbpp.org/sites/default/files/atoms/files/
    2017_higher_ed_8-22-17_final [https://perma.cc/2RDW-MRTH].

    26 See, e.g., COUNCIL OF ECON. ADVISERS, EXEC. OFFICE OF THE PRESIDENT, INVESTING
    IN HIGHER EDUCATION: BENEFITS, CHALLENGES, AND THE STATE OF STUDENT DEBT 10
    (2016), https://obamawhitehouse.archives.gov/sites/default/files/page/files/20160718_cea_

    2018] BROKEN PROMISES 819

    A. State Disinvestment in Higher Education

    At the height of the Great Recession, state lawmakers grappled with declines

    in tax revenue and sought ways to plug holes in their battered budgets.27 In nearly
    every state, lawmakers chose to cut public investment in higher education as a way
    to fill these gaps.28 This choice directly affected the public colleges and universities
    that educate nearly three-quarters of all college students in this country.29

    student_debt [https://perma.cc/5R2B-QFM3] (“[M]any individuals who cannot pay for
    college upfront may find it worthwhile to borrow to finance their education. . . . A major
    function of the federal student loan system is to ease the credit constraints caused by
    imperfections in the private loan market and ensure that all citizens have access to affordable
    loans.”); see also Press Release, Office of the Press Sec’y, The White House, Fact Sheet:
    Taking Action to Help More Americans Manage Student Debt (Apr. 28, 2016),
    https://obamawhitehouse.archives.gov/the-press-office/2016/04/28/fact-sheet-taking-action
    -help-more-americans-manage-student-debt [https://perma.cc/2KJB-UAJS]; Morgan
    Adamson, The Financialization of Student Life: Five Propositions on Student Debt, 21
    POLYGRAPH 97, 97 (2009) (“Of all the transformations that have taken place in the American
    university, . . . perhaps the most radical is the shift toward financing higher education
    through borrowed money.”).

    27 See Dennis Jones & Jane Wellman, Breaking Bad Habits: Navigating the Financial
    Crisis, CHANGE, May–June 2010, at 6, 8 http://archive.sheeo.org/annualmeeting/Change%
    20Jones%20and%20Wellman%20Breaking%20Bad%20Habits [https://perma.cc/69Y8
    -9Q47] (“Although states are reluctant to raise taxes, they evidently have less of a problem
    letting tuitions go up. And up they are going—California, Oregon, Washington, New York,
    Wisconsin, and Florida announced increases ranging from 10 to 33 percent. The normally
    tuition-resistant Florida legislature has authorized annual increases in undergraduate tuitions
    of 15 percent per year until they reach national averages for public four-year institutions.”);
    Tracy Gordon, State and Local Budgets and the Great Recession, BROOKINGS (Dec. 31,
    2012), https://www.brookings.edu/articles/state-and-local-budgets-and-the-great-recession
    [https://perma.cc/E6V4-LMEW] (finding that in the second quarter of calendar year 2009,
    state and local revenue has reached a 20 year low, and then between 2009 and 2012, states
    faced more than $500 billion in cumulative budget shortfalls); Phil Oliff et al., States
    Continue to Feel Recession’s Impact, CTR ON BUDGET AND POL’Y PRIORITIES (June 27,
    2012), https://www.cbpp.org/research/states-continue-to-feel-recessions-impact?fa=view&
    id=711 [https://perma.cc/H6H4-5TVQ] (“The Great Recession that started in 2007 caused
    the largest collapse in state revenues on record.”).

    28 See Michael Mitchell et al., Funding Down, Tuition Up: State Cuts to Higher
    Education Threaten Quality and Affordability at Public Colleges, CTR ON BUDGET AND
    POL’Y PRIORITIES (Aug. 15, 2016), https://www.cbpp.org/research/state-budget-and-
    tax/funding-down-tuition-up [https://perma.cc/X3AE-V9VY] (finding that 43 states cut
    funding for higher education in response to declining state revenue during the recession, and
    that by 2016, only four states had increased per-student funding back to pre-recession levels);
    see Gordon, supra note 27.

    29 See U.S. Department of Education, National Center for Education Statistics, Higher
    Education General Information Survey (HEGIS), “Fall Enrollment in Colleges and
    Universities” surveys, 1970 through 1985; Integrated Postsecondary Education Data System
    (IPEDS), “Fall Enrollment Survey” (IPEDS-EF:86-99); IPEDS Spring 2001 through Spring

    820 UTAH LAW REVIEW [NO. 4

    These state policymakers predicted that, of the tough choices they faced on
    spending cuts, cuts to higher education would have the least ramifications.30
    Legislators rightly assumed that if states chose to provide less financial support for
    public colleges and universities, then these schools could simply raise the cost of
    college in order to make up any shortfall.31

    Unfortunately, this same rationale also assumed that individual students and
    their families could handle a tuition bill of seemingly any size, without any real
    downside for the state.32 When the financial consequences of these policies were
    passed on to families, but not reflected on state balance sheets, state lawmakers could
    act as if their choices came at no cost to their state or their citizens. In a budgetary
    sense, this was undoubtedly true.33 But in a broader social and economic sense, it
    could not be further from the truth. In fact, the costs would prove to be enormous.

    2016, Fall Enrollment component; and Enrollment in Degree-Granting Institutions
    Projection Model, 2000 through 2026.

    30 See HAROLD HOVEY, NAT’L CTR. FOR PUB. POLICY AND HIGHER EDUC., STATE
    SPENDING FOR HIGHER EDUCATION IN THE NEXT DECADE: THE BATTLE TO SUSTAIN
    CURRENT SUPPORT 19–20 (1999), http://www.higheredinfo.org/analyses/State_Spending_
    Hovey [https://perma.cc/3NTD-5FKR] (arguing that states treat higher education
    spending as a “balance wheel” for state budgets because higher education institutions have
    “perceived fiscal flexibility to absorb temporary fiscal adversity” and “the ability to maintain
    and increase spending levels by shifting larger proportions of costs to users by tuition and
    fee increases,” among other factors).

    31 See id.; Douglas A. Webber, State Divestment and Tuition at Public Institutions,
    ECON. OF EDUC. REV. 1, 3 (Oct. 2017), https://doi.org/10.1016/j.econedurev.2017.07.007
    [https://perma.cc/XN9H-VGBT] (finding that post-2000, for every $1,000 per student state
    budget cut to higher education funding, costs increased by $318 per student); Jennifer A.
    Delaney & William R. Doyle, The Role of Higher Education in State Budgets, in STATE
    POSTSECONDARY EDUCATION RESEARCH: NEW METHODS TO INFORM POLICY AND PRACTICE
    55, 55 (Kathleen M. Shaw & Donald E. Heller eds., 2007) (“When states’ revenues are low,
    higher education is an attractive option for heavy cuts because it has the ability to collect
    fees for its services (an ability lacking in most other state spending categories).”).

    32 See Delaney & Doyle, supra note 31.
    33 See generally HANS JOHNSON, PUB. POLICY INST. OF CAL., DEFUNDING HIGHER

    EDUCATION: WHAT ARE THE EFFECTS ON COLLEGE ENROLLMENT 4 (2012),
    http://www.ppic.org/content/pubs/report/R_512HJR [https://perma.cc/S36L-5CX9]
    (“[H]igher education is seen as a budget area that, unlike other government services, has the
    ability to compensate for cuts in state expenditures. A common and not incorrect assumption
    is that public colleges and universities have sources of funds, particularly students and the
    tuitions they pay, that are not available to other government services.”); Roger Fillion,
    Tackling Tuition, NCSL: STATE LEGISLATURES MAGAZINE (Mar. 1, 2016),
    http://www.ncsl.org/bookstore/state-legislatures-magazine/tackling-tuition.aspx
    [https://perma.cc/9UU7-3JD4] (“Since colleges can offset reductions in state spending with
    tuition hikes, cutting higher education spending is often one of a few options states have
    when balancing budgets.”); see, e.g., Governor Christie Signs Final Balanced Budget,
    Delivering 2 Full Terms of Unprecedented Pension Stability, Fiscal Responsibility, & Tax
    Relief, INSIDER NJ (Jul. 5, 2017, 1:48 AM), https://www.insidernj.com/press-
    release/governor-christie-signs-final-balanced-budget-delivering-2-full-terms-unprecedent

    2018] BROKEN PROMISES 821

    A decade later, research shows that this rationale was rooted in a pyramid of
    flawed assumptions. First, policymakers incorrectly assumed that families and
    households would be able to absorb rising college costs without experiencing any
    long term financial consequences. Second, policymakers relied on the belief that
    college was always a sound investment. In other words, they believed that as long
    as they could point to the college wage premium—narrowly defined as the wage gap
    between college educated workers and workers without a degree—the long term
    economic benefits to families and to society would eventually offset any immediate
    increase in costs. Years of evidence has now exposed the flaws in both of these
    assumptions and paint a deeply disturbing picture of the individual and societal costs
    of student debt.

    In the face of this mounting evidence, policymakers and higher education
    leaders are finally starting to recognize that their choices over the preceding decade
    set up millions to fail. As Gordon Gee, the former President of The Ohio State
    University said in 2012, “I readily admit it. . . . I didn’t think a lot about costs. I do
    not think we have given significant thought to the impact of college costs on
    families.”34 In order to confront the consequences of these faulty assumptions and
    to, in Gee’s words, “give significant thought” to the drivers of and solutions to the
    student loan crisis, one must take an honest assessment of the myriad of ways that
    student debt is impacting individual borrowers, families, and their communities.

    B. The Domino Effect of Student Debt

    Over the last decade, the total volume of outstanding student loan debt more

    than tripled, adding $1 trillion on the backs of borrowers.35 Student loan debt now
    makes up 11% of all household debt, up from only 5% in less than ten years.36 The
    average student loan balance has nearly tripled since 2005.37 These increases

    ed-pension-stability-fiscal-responsibility-tax-relief [https://perma.cc/7TB8-7PVM]. But see
    Gordon Macinnes, New Jersey Must Make Higher Education a Priority Again, N. J. POL’Y
    PERSP. (Oct. 16, 2017), https://www.njpp.org/budget/new-jersey-must-make-higher-
    education-a-priority-again [https://perma.cc/T83S-75W8] (“New Jersey’s 21-percent cut in
    inflation-adjusted state spending on public college operating costs since the Great
    Recession—the equivalent of a $2,113 drop per full-time student—is the 13th largest
    reduction in the nation.”).

    34 Andrew Martin & Andrew W. Lehren, A Generation Hobbled by the Soaring Cost
    of College, N.Y. TIMES: BUSINESS DAY (May 12, 2012), http://www.nytimes.com/2012/05/
    13/business/student-loans-weighing-down-a-generation-with-heavy-debt.html?pagewanted
    =all [https://perma.cc/55TV-EWAH].

    35 See Historical Data: Consumer Credit Outstanding (Levels), FED. RES. BOARD OF
    GOVERNORS (Feb. 07, 2018), https://www.federalreserve.gov/releases/g19/HIST/cc_hist_
    memo_levels.html [https://perma.cc/7PJ2-A32J].

    36 See Household Debt and Credit Report (Q1, 2017), FED. RES. BANK N.Y.: CTR.
    MICROECON. DATA, https://www.newyorkfed.org/microeconomics/hhdc.html [https://perma
    .cc/4JRX-NNXG].

    37 See Joel Elvery, Is There a Student Loan Crisis? Not in Payments, FED. RES. BANK
    CLEV. (May 16, 2016), https://clevelandfed.org/newsroom-and-events/publications/fore

    822 UTAH LAW REVIEW [NO. 4

    translate into very real financial consequences for student loan borrowers. For a
    typical borrower, this increase results in higher amounts coming out of monthly
    paychecks. According to one recent study, in 2015, the average student loan payment
    for a millennial borrower was $351 per month—a payment amount more than 50%
    higher than it was a decade prior.38

    New evidence shows that declines in household formation and homeownership
    are being driven by student debt—creating barriers to economic mobility for
    borrowers across the country.39 Another study found that rising levels of student debt
    resulted in 360,000 fewer homes purchased by twenty-eight to thirty-year-olds over
    the previous fifteen years.40 For individual families, this struggle is real and
    immediate. But for policymakers and researchers, the most alarming consequences
    of the student debt crisis may happen not at the individual level, but rather where
    student debt begins to shape the economy and society.41

    front/ff-v7n02/ff-20160516-v7n0204-is-there-a-student-loan-crisis.aspx [https://perma.cc/
    J4DV-JNEL] (“[O]utstanding balances have risen 280 percent since 2005 . . . .”).

    38 Id.
    39 See, e.g., Daniel Cooper & J. Christina Wang, Student Loan Debt and Economic

    Outcomes, FED. RES. BANK BOS.: CURRENT POL’Y PERSP. (Oct. 2014),
    https://www.bostonfed.org/-/media/Documents/Workingpapers/PDF/economic/cpp1407
    [https://perma.cc/7YZL-5HRP] (“In addition, the distribution of total wealth excluding
    student debt liabilities is lower for homeowners with student debt than for homeowners
    without student loan debt (again conditional on at least some college attendance). This wealth
    disparity remains even after controlling for a wide range of demographic and other factors.”).

    40 Zachary Bleemer et al., Echoes of Rising Tuition in Students’ Borrowing,
    Educational Attainment, and Homeownership in Post-Recession America, FED. RES. BANK
    OF N.Y. (July 2017), https://www.newyorkfed.org/research/staff_reports/sr820
    [https://perma.cc/HB5S-H6DG]; see also Shahien Nasiripour, Student Debt Is a Major
    Reason Millennials Aren’t Buying Homes, BLOOMBERG (July 17, 2017, 10:25 AM),
    https://www.bloomberg.com/news/articles/2017-07-17/student-debt-is-hurting-millennial-
    homeownership [https://perma.cc/6NDJ-59TU] (“There’s a good chance the number of
    millennials kept from buying homes because of their student loans has only grown since the
    period the economists studied. As tuition has risen, total student debt has increased 13
    percent, and every new class graduates with more student debt than the preceding one.”);
    Rajashari Chakrabarti et al., Diplomas to Doorsteps: Education, Student Debt, and
    Homeownership, FED. RES. BANK N.Y.: LIBERTY STREET ECON. (Apr. 3, 2017),
    http://libertystreeteconomics.newyorkfed.org/2017/04/diplomas-to-doorsteps-education-
    student-debt-and-homeownership.html [https://perma.cc/PXA3-7LLE].

    41 See, e.g., Press Release, Remarks of Secretary Lew before the Financial Literacy
    Education Commission (FLEC) (Oct. 23, 2013), http://www.treasury.gov/press-
    center/press-releases/Pages/jl2191.aspx [https://perma.cc/PXA3-7LLE] (Secretary of the
    Treasury Jacob Lew remarking that student debt is “hampering our economy” across
    multiple sectors of society); Minutes of the Federal Open Market Committee, (Mar. 19–20,
    2013), http://www.federalreserve.gov/monetarypolicy/fomcminutes20130320.htm
    [https://perma.cc/394U-7S98] (noting that the Federal Reserve’s Federal Open Market
    Committee, the central bank’s monetary policy rate setting board, identified student debt as
    a risk to aggregate household spending in coming years); FIN. STABILITY OVERSIGHT
    COUNCIL, 2014 ANNUAL REPORT (2014) 22, http://www.treasury.gov/initiatives/fsoc/

    2018] BROKEN PROMISES 823

    Mounting evidence shows that the ripple effects of student debt on society are
    substantial. Researchers are beginning to show how this debt fuels economic,
    gender, and racial inequality, inhibits asset accumulation, accelerates wealth gaps,
    and carves out a generational divide that, even in the best of circumstances, will take
    decades to erase.42 The evidence shows that the burden of student debt is not shared
    equally, and the impact of this burden is far more severe for certain populations:43

    • Women make up half of all college students, and yet owe two-thirds of
    outstanding student loan debt. And the gender pay gap only serves to keep
    women in debt longer.44

    • Over 90% of African American and 72% of Latino students leave school
    with debt, compared to 66% of white students.45 This debt hangs over their
    financial lives for longer and at a greater rate than their white peers. Data
    shows that twelve years into repayment, white borrowers have paid down
    65% of their loan balance, while African American borrowers owe 113%
    of what they originally borrowed.46 Disturbingly, at four-year, nonprofit

    Documents/FSOC%202014%20Annual%20Report [https://perma.cc/HS75-2XJ3]
    (noting that “high student-debt burdens may dampen consumption and could impact
    household demand for housing purchases”). See also Sophia Caronello, Why Jerome Powell
    Is Worried About Growing Student Debt, BLOOMBERG (Mar. 1, 2018),
    https://www.bloomberg.com/news/articles/2018-03-01/why-jerome-powell-is-worried-
    about-growing-student-debt-chart.

    42 See generally William Elliot & Melinda Lewis, Student Debt Effects on Financial
    Well-Being: Research and Policy Implications, 29 J. ECON. SURVEYS 614 (2015),
    http://onlinelibrary.wiley.com/doi/10.1111/joes.12124/full [https://perma.cc/84B8-X8J8]
    (finding that student loan debt can delay asset accumulation for years and can decrease a
    family’s net worth by 63 percent); see also infra Part II.C.

    43 See Daniela Kraiem, The Cost of Opportunity: Student Debt and Social Mobility, 48
    SUFFOLK U. L. REV. 689, 699 (2015) (“Students with unmanageable debt are more likely to
    be low-income, female, black, and have dependent members such as children or elderly
    parents.”).

    44 See Kevin Miller, Women’s Student Debt Crisis in the United States, AM. ASS’N U.
    WOMEN (May 2017), https://www.aauw.org/research/deeper-in-debt/ [https://perma.cc/VH
    P2-363S].

    45 See Table 331.95, NAT’L CTR. FOR EDUC. STAT.: DIG. EDUC. STAT.,
    https://nces.ed.gov/programs/digest/d15/tables/dt15_331.95.asp [https://perma.cc/6QT2-
    BKBS] (last visited Apr. 10, 2018).

    46 See Ben Miller, New Federal Data Show a Student Loan Crisis for African American
    Borrowers, CTR. FOR AM. PROGRESS (Oct. 16, 2017, 9:00 AM),
    https://www.americanprogress.org/issues/education-postsecondary/news/2017/10/16/4407
    11/new-federal-data-show-student-loan-crisis-african-american-borrowers [https://perma.cc
    /WSV7-ATVY]; see also Judith Scott-Clayton, The Looming Student Loan Default Crisis Is
    Worse than We Thought, BROOKINGS (Jan. 11, 2018), https://www.brookings.edu/research/
    the-looming-student-loan-default-crisis-is-worse-than-we-thought/ [https://perma.cc/RAL9-
    J3XL] (“Debt and default among black college students is at crisis levels, and even a
    bachelor’s degree is no guarantee of security: black BA graduates default at five times the
    rate of white BA graduates (21 versus 4 percent), and are more likely to default than white
    dropouts.”).

    824 UTAH LAW REVIEW [NO. 4

    schools, African Americans defaulted at four times the rate of their white
    peers.47

    • One of the most telling factors in whether residents of a zip code will
    struggle with paying their student debt is not income, but rather the racial
    composition—zip codes with predominantly African American and Latino
    populations have higher rates of delinquency and default than
    predominantly white zip codes with comparable income levels.48

    • But the student debt struggle is not limited by race and gender. Data also
    shows that rural areas such as Appalachia and other communities
    seemingly long forgotten by policymakers have some of the highest
    incidences of delinquency and default.49

    This research shows that where pursuing a college degree was once marketed
    as the “great equalizer,” it now perpetuates the divide between the “haves” and the
    “have-nots.”50 One recent study projected that a typical household headed by two
    college-educated adults with average student loan debt balances loses out on more
    than $200,000 in accumulated wealth over a lifetime.51

    47 Robert Kelchen, Institutional Accountability: A Comparison of the Predictors of
    Student Loan Repayment and Default Rates, 671 ANNALS AM. ACAD. POL. SOC. SCI. 202,
    212–217 (2017), http://journals.sagepub.com/doi/full/10.1177/0002716217701681.

    48 See Marshall Steinbaum & Kavya Vaghul, How the Student Debt Crisis Affects
    African Americans and Latinos, WASH. CTR. FOR EQUITABLE GROWTH (Feb. 17, 2016),
    http://equitablegrowth.org/how-the-student-debt-crisis-affects-african-americans-and-
    latinos/ [https://perma.cc/BQ2X-KP5P].

    49 See MAPPING STUDENT DEBT, www.mappingstudentdebt.org [https://perma.cc/LM
    T8-PF5N] (last visited Apr. 10, 2018) (showing student loan delinquency rates by zip code);
    see also STATE COUNCIL OF HIGHER EDUC. FOR VA., POLICY CONSIDERATIONS FOR
    STUDENT-LOAN REFINANCING AUTHORITY 5 (2016), http://www.schev.edu/docs/default-
    source/Reports-and-Studies/2016-reports/student-loan-refinance-review-11-1-2016
    [https://perma.cc/8WYN-V37N] (finding that student loan delinquency rates in Appalachia
    are among the highest in Virginia).

    50 See, e.g., WILLIAM ELLIOT & MELINDA LEWIS, ASSETS & EDUC. INITIATIVE, UNIV.
    OF KAN., STUDENT LOANS ARE WIDENING THE WEALTH GAP: TIME TO FOCUS ON EQUITY 7
    (2013), http://aedi.ssw.umich.edu/sites/default/files/publications/publication-cd-reports-
    r1 [https://perma.cc/VUR5-CKUT] (“However, despite our collective belief in an
    American dream of equitable opportunities for all, higher education today increasingly
    reinforces patterns of relative privilege, particularly as students rely more and more on
    student loans to finance college access.”).

    51 ROBERT HILTONSMITH, DEMOS, AT WHAT COST? HOW STUDENT DEBT REDUCES
    LIFETIME WEALTH 9 (2013), http://www.demos.org/sites/default/files/imce/AtWhatCost
    Final [https://perma.cc/E8NR-GAA2]; see also Richard Fry, Young Adults, Student
    Debt, and Economic Well Being, PEW RES. CTR. (May 14, 2014),
    http://www.pewsocialtrends.org/2014/05/14/young-adults-student-debt-and-economic-
    well-being/ [https://perma.cc/9LMJ-VMTK] (“[S]howing that millennials who incur debt
    after graduation have an average net worth of seven times less than that of their non-indebted
    counterparts. Millennials with no debt when graduating have an average net worth of
    $64,700, while millennials graduating with student debt have only $8,700 on average.”);
    Cooper & Wang, supra note 39. See generally Emily Rauscher & William Elliott, The

    2018] BROKEN PROMISES 825

    It is increasingly clear that the student debt crisis is much broader than a series
    of individual student loan defaults. As more Americans pursue higher education,
    only to be weighed down by unaffordable student debt, this supposed equalizer is
    quickly turning into one of the greatest forces cementing economic inequality in this
    nation.52

    With a more honest assessment of the full impact of the crisis, one can now
    look back to the pyramid of assumptions used to justify the public policies that led
    us here and ask how well they hold up.

    C. The Myth of the College Wage Premium

    First, one should reconsider the assumption that families could continue to

    absorb the financial effects of rising college costs without passing these costs on to
    students.53 For much of the country’s recent past, families have shared the economic
    burden of paying for college by drawing on a combination of income, savings, home

    Relationship Between Income and Net Worth: A Virtuous Cycle for High but Not Low Income
    Households, 20 J. POVERTY 380 (2016) (finding that a college graduate with an extra $10,000
    in student loans will achieve the nation’s median net worth 26 percent slower than a college
    graduate without that debt, concluding that financing higher education through student loans
    can put college graduates who begin school with few assets even further behind their
    wealthier peers).

    52 See, e.g., Thomas Piketty, Transcript of Student Loan Debt Is the Enemy of
    Meritocracy in the U.S., BIG THINK, http://bigthink.com/videos/thomas-piketty-on-the-rise-
    of-us-student-debt [https://perma.cc/LV68-ZDQT] (“And I think if we really want to
    promote more equal opportunity and redistribute chances in access to education, we should
    do something about student debt. And it’s not possible to have such a large group of the
    population entering the labor force with such a big debt behind them.”); William C. Dudley,
    Opening Remarks at the Convening on Student Loan Data Conference, FED. RES. BANK OF
    N.Y. (Mar. 4, 2015), https://www.newyorkfed.org/newsevents/speeches/2015/dud150304.
    html [https://perma.cc/SSL5-M4CL] (“We have gained an increasing understanding that
    how we finance post-secondary education has significant effects on a variety of critical
    economic outcomes, including economic growth and inequality. For example, our research
    suggests that higher student debt and delinquencies reduce household formation and depress
    homeownership.”); WILLIAM GALE ET AL., BROOKINGS INST., STUDENT LOANS RISING: AN
    OVERVIEW OF CAUSES, CONSEQUENCES, AND POLICY OPTIONS 3–4 (2014),
    https://www.brookings.edu/wp-content/uploads/2016/06/student_loans_rising_gale_harris_
    09052014 [https://perma.cc/5G97-DCSX] (showing that student debt “is associated with
    students pursuing jobs that pay higher wages initially, perhaps at the expense of wages in the
    future,” “that student loan borrowers are roughly 60 to 70 percent less likely to apply to
    graduate school—after controlling for other factors—than non-borrowers,” that “[h]igh
    student loan burdens may disqualify students from taking on mortgage debt, and debt
    aversion may dissuade student loan holders from purchasing a home even if qualified to do
    so,” and that “[s]tudent debt may also discourage retirement saving, by delaying the initiation
    of contributions to retirement plans, by reducing the level of contributions, or by increasing
    the demand for early withdrawals.”); ELLIOT & LEWIS, supra note 50.

    53 See supra Part II.A.

    826 UTAH LAW REVIEW [NO. 4

    equity, and retirement savings in order to contribute.54 These family contributions,
    when combined with a student’s income from part-time work, and paired with a
    combination of student loans and grants, were sufficient to leave a typical borrower
    with a modest debt load at graduation. As tuition rose in the years preceding the
    Great Recession, this equilibrium was tenuous, but it held. Then the recession hit.

    Rising student debt levels are not just a byproduct of rising college costs, but
    rather the shift from the state to the household and then the household to the
    individual. During the recession, millions of families suffered a series of continuing
    economic shocks. Widespread unemployment, combined with drops in home equity,
    investments, and retirement savings, battered household balance sheets.55 As wealth
    declined, particularly for working families, many households could no longer make
    a major financial contribution to higher education.56 Students were left with the

    54 See V. Joseph Hotz et al., The Role of Parental Wealth & Income in Financing

    Children’s College Attendance & Its Consequences, Fed. Res. Bank of NY, presented at the
    Southern Economics Association Annual Meeting 2 (Dec. 6, 2017) (unpublished
    manuscript), available at https://www.newyorkfed.org/medialibrary/media/research/
    conference/2017/higher_education/Hotz_Wealth_Paper_12-05-17 [https://perma.cc/9CBS-
    SG6D] (“The recent trends in household income and a [sic] housing wealth are likely to have
    important consequences for the educational attainment and college financing decisions of the
    next generation, as parents have long been a primary source of financial support for their
    children’s post-secondary education”).

    55 See M. William Sermons, America’s Household Balance Sheet: The State of Lending
    in America & Its Impact on U.S. Households, CTR. FOR RESPONSIBLE LENDING 12 (Dec.
    2012), http://www.responsiblelending.org/sites/default/files/uploads/2-americas-household-
    balance-sheet [https://perma.cc/9CBS-SG6D] (“Data show that the recession depleted
    household assets. University of Michigan researchers found that households lost value in
    their homes and other financial assets and also used financial assets to deal with income
    loss . . . .”); BRIDGET TERRY LONG, The Financial Crisis and College Enrollment: How
    Have Students and Their Families Responded?, in HOW THE FINANCIAL CRISIS AND GREAT
    RECESSION AFFECTED HIGHER EDUCATION 214 (Jeffrey R. Brown & Caroline M. Hoxby
    eds., 2012) (“This period of economic turmoil has also strongly affected the housing market
    by reducing the value of many families’ homes, while others have lost their homes altogether.
    [Researchers] conclude that ‘the average household experienced a decline in net worth of
    $177,000 between the middle of 2007 and the trough of the asset price decline in the first
    quarter of 2009.’”); Megan Kowalski & Hadley Malcolm, Fewer Parents Can Pay College
    Tuition, USA TODAY (July 23, 2013, 8:22 AM),
    https://www.usatoday.com/story/money/personalfinance/2013/07/22/recession-college-
    tuition-savings-plans/2569809/ [https://perma.cc/WD6B-56YM] (“‘The post-recession
    reality is (parents) don’t have the income and savings,’ says Sarah Ducich, senior vice
    president of public policy at Sallie Mae. ‘It’s not that they’re not willing to stretch. It’s that
    they don’t think they have the money to do that.’”).

    56 See, e.g., Gene Amromin et al., The Housing Crisis and Rise in Student Loans, Fed.
    Deposit Insurance Corp. 1 (Oct. 20, 2016) (unpublished manuscript), available at
    https://www.fdic.gov/news/conferences/consumersymposium/2016/documents/mondragon
    _paper [https://perma.cc/E2SZ-CEEE] (“Our results show that the decline in house
    prices reduced households’ ability to finance college enrollment with home equity credit, but
    that constrained households mostly responded by continuing to enroll in college and relying

    2018] BROKEN PROMISES 827

    choice to not go to college or to take on debt.57 When faced with this choice, millions
    of people chose debt.58

    While conventional wisdom often points to the rapid rise in college tuition as
    the sole driver of increased student indebtedness, that is only part of the story.59 The
    other part is the willingness of policymakers to pile college costs onto families at the
    exact moment these families were trying to stay afloat during the financial fallout of
    the recession.60

    Having exposed this first assumption as flawed, one should then consider the
    great catchall in the higher education funding debate—the proposition that the boost
    in wages earned by college graduates justifies the explosion of student debt because,
    over time, college is still “worth it.”61

    on student loans. Our estimates suggests the 30% fall in house prices from the 2006 peak
    resulted in the average college student borrowing an additional $1,300 in student loans, with
    some evidence of larger effects on liquidity-constrained and less-educated households.”);
    LONG, supra note 55, at 214 (“Previous research suggests that changes in home values can
    affect educational attainment, and other research has found that families rely on home equity
    as a way to finance college. Therefore, with reductions in home values and the ease of getting
    a home equity loan, there is some concern that the Great Recession may have reduced the
    likelihood of college attendance.”); Hotz et al., supra note 54, at 2.

    57 See Kowalski & Malcolm, supra note 55; NATE JOHNSON, LUMINA FOUND.,
    COLLEGE COSTS, PRICES AND THE GREAT RECESSION 7 (Apr. 2014),
    https://files.eric.ed.gov/fulltext/ED555862 [https://perma.cc/HQ86-KG89].

    58 Between Fall 2005 and Fall 2010, the number of full time, first time degree seeking
    undergraduate students receiving federal student loans increased 50 percent (1.2 million to
    1.8 million). LAURA G. KNAPP ET AL., U.S. DEPT. OF EDUC., ENROLLMENT IN
    POSTSECONDARY INSTITUTIONS, FALL 2005; GRADUATION RATES, 1999 AND 2002
    COHORTS; AND FINANCIAL STATISTICS, FISCAL YEAR 2005 (Apr. 2007),
    https://nces.ed.gov/pubs2007/2007154 [https://perma.cc/3JHA-CEGS]; LAURA G.
    KNAPP ET AL., U.S. DEPT. OF EDUC., ENROLLMENT IN POSTSECONDARY INSTITUTIONS, FALL
    2010; FINANCIAL STATISTICS, FISCAL YEAR 2010; AND GRADUATION RATES, SELECTED
    COHORTS, 2002–07 (Mar. 2012), https://nces.ed.gov/pubs2012/2012280
    [https://perma.cc/QJQ3-6VU2].

    59 See Michael Greenstone & Adam Looney, Rising Student Debt Burdens: Factors
    Behind the Phenomenon, BROOKINGS (Aug. 12, 2013),
    https://www.brookings.edu/blog/jobs/2013/07/05/rising-student-debt-burdens-factors-
    behind-the-phenomenon [https://perma.cc/4FTV-SDNW] (finding that “neither college
    enrollment nor net college tuition has risen enough over the past decade to explain the rapid
    upsurge in student debt. Instead, this phenomenon seems to be driven by an increase in the
    share of student-loan borrowing used to finance each dollar of college tuition”).

    60 See JOHNSON, supra note 57, at 7 (“States that were hardest hit by the recession and
    that cut appropriations to higher education the most also had the highest tuition
    increases. . . . While not surprising, the correlation between recession impact and tuition
    hikes illustrates one of the policy problems associated with state higher education finance.
    Prices go up exactly where and when citizens are least able to afford the increases.”).

    61 See also Colleen Curtis, President Obama: College Is the Best Investment You Can
    Make, WHITE HOUSE (Apr. 25, 2012, 10:55 AM), https://obamawhitehouse.archives.gov/
    blog/2012/04/25/president-obama-college-best-investment-you-can-make [https://perma.cc/

    828 UTAH LAW REVIEW [NO. 4

    For more than half a century, part of the American dream was built on the
    implicit understanding, right or wrong, that college is always a sound investment
    and that taking on debt to get a degree is just a necessary step on a well-worn path
    to the middle class.62 Conventional wisdom suggested that the burden on individuals
    should not be a focus for policymakers because these increased costs were always
    offset by the broader economic gains that come from getting a higher education.63 It
    is easy to see how this led a generation of policymakers and higher education
    officials to embrace the myth that a student loan was “good debt.”64

    But for borrowers—and for the policymakers and researchers that led them
    there—conventional wisdom around the merits of “good debt” is just as dangerous
    as the widely held but misguided belief that home values would always rise in
    perpetuity and an investment in one’s house always paid off.65

    ZDU4-X74M].

    62 See generally Raj Chetty et al., Mobility Report Cards: The Role of Colleges in
    Intergenerational Mobility (July 2017) (unpublished manuscript), available at
    http://www.equality-of-opportunity.org/papers/coll_mrc_paper [https://perma.cc/3XKE
    -RSVY] (analyzing students’ earnings outcomes and parents’ incomes for American colleges
    and universities); Lawrence E. Gladieux, Federal Student Aid Policy: A History and an
    Assessment (Oct. 1995), https://www2.ed.gov/offices/OPE/PPI/FinPostSecEd/gladieux.html
    [https://perma.cc/JC4Z-5QKE] (detailing the history of federal student loans as a mechanism
    to assist middle class students and families afford college); see also Matthew B. Fuller, A
    History of Financial Aid to Students, 44 J. OF STUDENT FIN. AID 1, 25 (2014).

    63 See, e.g., Beth Akers, Higher Education Debt Is Worth It, but Isn’t Risk Free,
    BROOKINGS (Jan. 12, 2016), https://www.brookings.edu/opinions/higher-education-debt-is-
    worth-it-but-isnt-risk-free/ [https://perma.cc/2BA6-8423] (“But the rapidly rising cost of
    college education is not as troubling as it first appears. While the price of higher education
    has increased, so has its value. Over the last 30 years the lifetime earnings associated with
    having a college degree has grown by 75 percent. Today’s students are paying more to go to
    college, but they are also getting more out of it. In this sense they’re getting a better
    deal. . . . Research indicates that the financial rate of return on a college degree is about 15
    percent—a rate that far exceeds the yield on most other investments available to the
    individual consumers, especially young ones.”); see also Jaison Abel & Richard Deitz, Do
    the Benefits of College Still Outweigh the Costs?, 20 CURRENT ISSUES IN ECON. AND FIN. 1,
    8 (2014); Anthony P. Carnevale, College Is Still Worth It, INSIDE HIGHER ED (Jan. 14, 2011),
    https://www.insidehighered.com/views/2011/01/14/carnevale_college_is_still_worth_it_for
    _americans [https://perma.cc/W7EH-XZKK].

    64 See, e.g., Stephen J. Rose, Good Debt: Why Student Loans Are Better for You than
    You Think, THE ATLANTIC (Sep. 4, 2012),
    https://www.theatlantic.com/business/archive/2012/09/good-debt-why-student-loans-are-
    better-for-you-than-you-think/261918/ [https://perma.cc/VG7P-JVBC]; Christopher Shea,
    Don’t Listen to Those Scary Tales of Student-Loan Woe, WASH. POST (Mar. 21, 2013),
    https://www.washingtonpost.com/opinions/dont-listen-to-those-scary-tales-of-student-loan-
    woe/2013/03/21/0a94b134-90a2-11e2-bdea-e32ad90da239_story.html?utm_term=.174e64
    d10da9 [https://perma.cc/DN3L-EHPZ].

    65 See Shahien Nasiripour, Recent Federal Student Loans Look A Lot Like Subprime
    Mortgages, HUFFINGTON POST (Sep. 10, 2015, 09:29 PM), https://www.huffingtonpost.com/
    entry/recent-federal-student-loans-look-a-lot-like-subprime-mortgages_us_55f1cca6e4b093

    2018] BROKEN PROMISES 829

    To start, wages of those without a degree are dropping rapidly.66 In effect, the
    bottom has fallen out of the labor market for non-college-educated American
    workers. This creates a deeply misleading contrast. In other words, the college wage
    premium does not persist across generations because things are getting better for
    college educated workers—it persists because things are worse for those without a
    degree.67 In fact, when accounting for inflation, wages for college graduates have

    be51be0ad9 [https://perma.cc/2G8F-AJ58] (“Rather than paying down their balances after
    leaving school, borrowers with recent federal student loans are experiencing an increase in
    debt as they fail to make enough payments to offset the accumulating interest on their loans.
    The situation parallels subprime mortgages before the financial crisis, when lenders gave
    borrowers loans they couldn’t afford by allowing them to make payments that didn’t actually
    reduce their balances.”); see generally Press Release, U.S. Dept. of the Treasury, Remarks
    by Deputy Secretary Sarah Bloom Raskin at the Rappaport Center for Law and Public Policy
    Conference on the Student Debt Crisis (Mar. 18, 2016), https://www.treasury.gov/press-
    center/press-releases/Pages/jl0389.aspx [https://perma.cc/CUY9-535C] (“More generally,
    the experience of the last decade provides a painful reminder that debt burdens can worsen
    economic downturns and slow economic recoveries. . . . While student loan debt is much
    smaller than mortgage debt and does not pose the same systemic risk, a burden of student
    debt could, in principle, have analogous effects down the line.”).

    66 See Jillian Berman, A High-School Diploma Is Pretty Much Useless These Days,
    HUFFINGTON POST (Dec. 6, 2017), https://www.huffingtonpost.com/2014/05/27/value-
    college-degree_n_5399573.html [https://perma.cc/MUG7-TYWG] (quoting economist
    Elise Gould in stating, “The only reason that the [college] premium has gone up at all is
    because wages for high-school graduates have actually fallen”); Abel & Deitz, supra note
    63, at 8 (“[A]lthough the wages of college-educated workers have stagnated since the early
    2000s—and even declined in the years since the Great Recession—the wages of high school
    graduates have also been falling. As a result, the college wage premium has remained near
    its all-time high.”); Patricia Cohen, It’s a Tough Job Market for the Young Without College
    Degrees, N.Y. TIMES (May 10, 2016), https://www.nytimes.com/2016/05/11/business/
    economy/its-a-tough-job-market-for-the-young-without-college-degrees.html?_r=0
    [https://perma.cc/8J2H-VMYV].

    67 See Shaila Dewan, Wage Premium from College Is Said to Be Up, N.Y. TIMES:
    ECONOMIX (Feb. 11, 2014, 8:23 PM), https://economix.blogs.nytimes.com/2014/02/11/
    wage-premium-from-college-is-said-to-be-up/ [https://perma.cc/2LHF-BCFV] (quoting one
    researcher as saying that “[f]or today’s young adults, the only thing more expensive than
    going to college is not going to college”); Abel & Deitz, supra note 63, at 8; Paul Taylor et
    al., The Rising Cost of Not Going to College, PEW RES. CTR. 3 (Feb. 11, 2014),
    http://assets.pewresearch.org/wp-content/uploads/sites/3/2014/02/SDT-higher-ed-FINAL-
    02-11-2014 [https://perma.cc/4WL4-JV8Z]; see also Rohit Chopra, Prepared Remarks
    of Rohit Chopra Before the Federal Reserve Bank of St. Louis, CFPB (Nov. 18, 2013),
    https://www.consumerfinance.gov/about-us/newsroom/student-loan-ombudsman-rohit-
    chopra-before-the-federal-reserve-bank-of-st-louis/ [https://perma.cc/4GKY-VJV3] (“Much
    has been made of the college wage premium, that is, the difference between incomes of
    college graduates versus non-college graduates. . . . But behind that headline number is a
    more troubling trend. The growing gap between college graduates and others isn’t really due
    to rising starting wages for the average college graduate—it’s that the wages of those without
    a degree are falling rapidly.”).

    830 UTAH LAW REVIEW [NO. 4

    remained nearly stagnant for more than a decade.68 At the same time, cost of living
    for all Americans has steadily climbed. The cost of health care and housing has
    outpaced inflation for the last decade.69 For all but the highest earning households,
    these expenses have consumed a steadily rising share of incomes.70

    Therefore, it should come as no surprise to researchers or policymakers when
    a college graduate is not satisfied with her lot in life or when she questions the value
    of her degree. Yet these researchers and policymakers continue to tout a tired
    statistic describing how bachelor’s degree recipients earn an additional million
    dollars over their lifetimes when compared to non-college-educated workers.71 This
    tired statistic does not account for a paycheck already stretched too thin; it does not
    explain why a college graduate now struggles to accumulate the same assets her

    68 See Dylan Matthews, Between 2000 and 2012 American Wages Grew . . . Not at All,

    WASH. POST (Aug. 21, 2013) https://www.washingtonpost.com/news/wonk/wp/2013/08/
    21/between-2000-and-2012-american-wages-grewnot-at-all/?utm_term=.5bfac97678ad
    [https://perma.cc/H32A-MB86]; Elise Gould, The State of American Wages 2016, ECON.
    POL’Y INST. (Mar. 9, 2017), http://www.epi.org/publication/the-state-of-american-wages-
    2016-lower-unemployment-finally-helps-working-people-make-up-some-lost-ground-on-
    wages/ [https://perma.cc/HKR7-LJV8] (“[F]rom 2000 to 2016, educational attainment has
    not been sufficient to return many workers to where they were before the recessions of the
    2000s: the bottom 50 percent of workers with a college degree still have lower wages than
    they did in 2000 or 2007.”).

    69 See Jiachuan Wu & Stephen Culp, U.S. Inflation, REUTERS, http://fingfx.thomson
    reuters.com/gfx/rngs/1/1262/1901/index.html [https://perma.cc/9YBY-5VMP] (last visited
    Dec. 24, 2017); Chopra, supra note 67 (“While conventional wisdom has focused heavily on
    rising tuition as the primary driver of debt, this may be too simplistic. . . . The deterioration
    of household balance sheets seems to be a major culprit.”).

    70 See Bureau of Labor Statistics, Table 45. Quintiles of income before taxes: Shares of
    average annual expenditures and sources of income, Consumer Expenditure Survey, 2005,
    https://www.bls.gov/cex/2005/share/quintile [https://perma.cc/C2C6-S5ZV]; Bureau of
    Labor Statistics, Table 1101. Quintiles of income before taxes: Annual expenditure means,
    shares, standard errors, and coefficients of variation, Consumer Expenditure Survey, 2016,
    https://www.bls.gov/cex/2016/combined/quintile [https://perma.cc/4WGV-7DMN]; see
    also Erin Currier et al., The Precarious State of Family Balance Sheets, PEW CHARITABLE
    TRUSTS (Jan. 2015), http://www.pewtrusts.org/~/media/assets/2015/01/fsm_balance_sheet
    _report [https://perma.cc/YZX4-UF4D]; Sermons, supra note 55, at 12.

    71 See, e.g., Anthony P. Carnevale et al., The Economic Values of College Majors,
    GEORGETOWN U. CTR. ON EDUC. AND THE WORKFORCE 5 (2015), https://cew.georgetown.
    edu/wp-content/uploads/Exec-Summary-web-B [https://perma.cc/N2BF-2C8X];
    MARGARET SPELLINGS ET AL., U.S. DEPT. OF EDUC., A TEST OF LEADERSHIP: CHARTING THE
    FUTURE OF U.S. HIGHER EDUCATION: A REPORT OF THE COMMISSION APPOINTED BY
    SECRETARY OF EDUCATION MARGARET SPELLINGS 6 (Sept. 2006), https://www2.ed.gov/
    about/bdscomm/list/hiedfuture/reports/pre-pub-report [https://perma.cc/3QPB-7JQF].
    But see Doug Lederman, College Isn’t Worth a Million Dollars, INSIDE HIGHER ED (Apr. 7,
    2008), https://www.insidehighered.com/news/2008/04/07/miller [https://perma.cc/J5XD-
    E9WT].

    2018] BROKEN PROMISES 831

    parents did after leaving school; nor does it explain the role that debt-financed higher
    education plays in the widening wealth gap.72

    The college wage premium may seem pronounced and persuasive to an
    economist, but it is meaningless to millions of today’s college graduates. The notion
    that “other people have it worse” offers little solace when far too many of the
    borrowers who have done everything asked of them still struggle to afford a down
    payment, start a business, or save for retirement. When “other people have it worse”
    becomes the new foundation for the American Dream, America has failed an entire
    generation.

    III. ADDING INSULT TO INJURY

    It did not have to be this bad. In 2007, Congress created what is, in effect, an

    insurance policy for borrowers that assume the risk of an unaffordable higher
    education.73 Through income-driven repayment (“IDR”) borrowers could make
    payments based on their incomes, not their debt load.74 With IDR, Congress
    promised that students need not worry about persistent economic distress after
    college as monthly payments would always be affordable because they would be
    based on how much a borrower earns.75 Having put in place this insurance policy for
    borrowers who are unemployed or have very low incomes (in some cases, as low as

    72 See supra Part II.B. and C.
    73 See 20 U.S.C. § 1098e(b) (2018). Note that an Income-Contingent Repayment

    (“ICR”) plan was introduced in 1993 as part of the Student Loan Reform Act, but was limited
    to a small set of Direct Loan borrowers and therefore was not widely utilized. As of March
    31, 1997, 56,298 Direct Loan borrowers were enrolled in ICR. U.S. GOV’T ACCT. OFF.,
    DIRECT STUDENT LOANS: ANALYSES OF BORROWERS’ USE OF INCOME CONTINGENT
    REPAYMENT OPTION 2 (Aug. 1997), https://www.gao.gov/assets/230/224560
    [https://perma.cc/PX8Y-V2S6].

    74 See 20 U.S.C. § 1098e(b) (2018). Income-Based Repayment, Pay As You Earn
    Repayment, Revised Pay As You Earn Repayment, and Income-Contingent Repayment are
    collectively referred to as income-driven repayment plans. See Income-Driven Plans, U.S.
    DEP’T. EDUC., https://studentaid.ed.gov/sa/repay-loans/understand/plans/income-driven
    [https://perma.cc/Q6Z2-MH35] (last visited Apr. 10, 2018).

    75 In 2007, income-based repayment was introduced as part of the College Cost
    Reduction and Access Act. H.R. 2669, 110th Cong. (2007). See generally Higher Education,
    Higher Cost and Higher Debt: Paying For College in the Future: Hearing on Examining
    College Affordability, Focusing on Higher Education, Higher Costs and Higher Student
    Debt, and the Higher Education Act and Its Amendments Before the S. Comm. on Health,
    Education, Labor, and Pensions, 110th Cong. 1 (2007), available at
    https://www.gpo.gov/fdsys/pkg/CHRG-110shrg33516/html/CHRG-110shrg33516.htm
    [https://perma.cc/96LC-298Z] (discussing how efforts to reduce the burden of student loan
    payments supports higher education policy goals). See also Thompson & Bricker, supra note
    24 (finding “that student loans are correlated with financial distress in the 2007–09 SCF
    panel and families that hold student loans are more likely to transition to financial distress
    between 2007 and 2009. Families with student loans in 2007 were about 4 percentage points
    more likely to be 60 days late paying bills and about 5 percentage points more likely to be
    denied credit in 2009.”).

    832 UTAH LAW REVIEW [NO. 4

    $0 per month), the IDR framework should also translate to, in the words of former
    Department of Education Under Secretary Ted Mitchell, a “zero default rate.”76

    Of course, IDR is not the perfect solution to the most alarming spillover effects
    of student debt, including effects on wealth inequality, retirement security, and
    homeownership; but it does have the potential to serve as a powerful protection
    against both short term and long term financial shocks, acting as a critical bulwark
    against rising student loan defaults.77

    This is a great idea—in theory. But as the Consumer Financial Protection
    Bureau (CFPB) has frequently highlighted, the nation’s outdated and dysfunctional
    student loan system was never up to the task of delivering on this promise.78 When

    76 TED MITCHELL, U.S. DEP’T EDUC., OPENING ADDRESS AT THE CFPB FIELD HEARING
    ON STUDENT DEBT (May 14, 2015), https://www.consumerfinance.gov/about-us/blog/live-
    from-milwaukee/ [https://perma.cc/4YFT-RB6N].

    77 Student loan borrowers enrolled in the most generous IDR plan have delinquency
    rates seven times lower than borrowers enrolled in standard repayment. See CFPB, STUDENT
    LOAN SERVICING: ANALYSIS OF PUBLIC INPUT AND RECOMMENDATIONS FOR REFORM 22–23
    (2015), http://files.consumerfinance.gov/f/201509_cfpb_student-loan-servicing-report
    [https://perma.cc/KT6P-YE2B]; see also Holger M. Mueller & Constantine Yannelis, The
    Rise in Student Loan Defaults in the Great Recession 1 (Nov. 2017) (unpublished
    manuscript) (“The Income Based Repayment (IBR) program introduced by the federal
    government in the wake of the Great Recession reduced both student loan defaults and their
    sensitivity to home price fluctuations, thus providing student loan borrowers with valuable
    insurance against negative shocks.”); Daniel Herbst, Liquidity and Insurance in Student Loan
    Contracts: Estimating the Effects of Income-Driven Repayment on Default and Consumption
    1 (Jan. 31, 2018) (unpublished manuscript), available at https://drive.google.com/file/d/1A-
    gq_LIqffY6r2gDTcUK9-Y3ZV8Go6SU/view [https://perma.cc/2ALA-BK9H]; Mark
    Huelsman, When It Comes to Student Debt, It’s Really a Matter of Wealth, WASH. POST
    (May 16, 2018), https://www.washingtonpost.com/news/grade-point/wp/2018/05/16/when-
    it-comes-to-student-debt-its-really-a-matter-of-wealth/?utm_term=.664d34569a94.

    78 See CFPB, STUDENT LOAN SERVICING, supra note 77, at 11–12 (“The ability to
    assess the overall quality of student loan servicing is limited by lack of data, particularly for
    loans not held by the federal government; however, existing evidence . . . suggests that
    current servicing practices may not meet the needs of borrowers or loan holders, including,
    in the case of federal loans held by the Department of Education, the needs of taxpayers.”);
    SETH FROTMAN, CFPB, REMARKS AT THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER
    AND SCHOOL 4 (Oct. 17, 2017), available at https://s3.amazonaws.com/files.consumer
    finance.gov/f/documents/201710_cfpb_Frotman-Remarks-JAG-School [https://perma.
    cc/JM4L-S4EE] (“Servicemembers with student loans continue to suffer from outdated
    policies and servicing lapses that can prevent them from accessing the benefits and
    protections they are promised under federal law.”); CFPB, ANNUAL REPORT OF THE CFPB
    STUDENT LOAN OMBUDSMAN 4 (2016), available at https://s3.amazonaws.com/files.consum
    erfinance.gov/f/documents/102016_cfpb_Transmittal_DFA_1035_Student_Loan_Ombuds
    man_Report [https://perma.cc/2PTN-T9HK] (observing “that legacy requirements in the
    rehabilitation program place increased burden on borrowers, increase costs for taxpayers,
    create unnecessary barriers to repayment success, and fail to consider the significant changes
    that have occurred in higher education finance market in the past decade”); see also CFPB,
    ANNUAL REPORT OF THE CFPB STUDENT LOAN OMBUDSMAN 21–22 (2015), available at
    https://www.consumerfinance.gov/data-research/research-reports/annual-report-of-the-

    2018] BROKEN PROMISES 833

    there are still eight million defaults a decade after laying out the supposed zero-
    default-rate framework, this is simply another broken promise.79 And when another
    three million people are approaching default and there has been no real action to
    prevent it, these borrowers know they were right.80 And for every borrower who is
    struggling to keep up, there are others trying to get ahead but who are knocked off
    track due to roadblocks and obstacles that can add thousands of dollars in additional
    debt and years of needless student loan payments.81

    When policymakers made the choice to drive tens of millions of new students
    into debt, they should have seen this coming. Compared to other major classes of
    consumer debt, student loans are subject to less government oversight, offer fewer
    affirmative consumer protections, and government rarely holds market participants

    cfpb-student-loan-ombudsman-2015/ [https://perma.cc/5TYT-X6H3] (“The identity of the
    student loan servicer assigned to service a borrower’s loan may impact future loan
    performance. A study released by the Association of Community Colleges Trustees (ACCT)
    examined the performance of a cohort of federal loan borrowers attending community
    colleges in Iowa using administrative loan performance data provided by school financial
    aid offices. This analysis revealed that default rates for seemingly-similar borrowers varied
    substantially depending on the identity of a borrower’s student loan servicer. In one case,
    nearly three quarters (73.1 percent) of all borrowers assigned to one specific servicer ended
    up in default. ACCT also observed that, of the six other servicers who handled loans for
    1,500 borrowers or more, the share of borrowers who defaulted ranged from approximately
    5 percent to more than 20 percent.”).

    79 See CITI GPS: GLOBAL PERSPECTIVES & SOLUTIONS, EDUCATION: BACK TO BASICS
    81 (2017), https://www.privatebank.citibank.com/ivc/docs/CitiGPS_Education_Backt_
    Basics [https://perma.cc/7GB4-82ZB] (“Default and 90-day delinquency rates are about
    11%. To some this might appear eerily reminiscent of the mortgage crisis where delinquency
    rates had peaked at 11.5% in 2010.”).

    80 See FED. STUDENT AID, U.S. DEP’T. EDUC., DIRECT LOAN PORTFOLIO BY
    DELINQUENCY STATUS 1 (2017), available at https://studentaid.ed.gov/sa/sites/default/files
    /fsawg/datacenter/library/DLPortfoliobyDelinquencyStatus.xls [https://perma.cc/C6R6-
    UVQU]; see also CFPB, ANNUAL REPORT OF THE CFPB STUDENT LOAN OMBUDSMAN
    (2016), supra note 78, at 4 (finding that one in three student loan borrowers who cure a
    default through rehabilitation is delinquent within 60 days).

    81 See, e.g., CFPB, MIDYEAR UPDATE ON STUDENT LOAN COMPLAINTS 19 (2016),
    available at https://s3.amazonaws.com/files.consumerfinance.gov/f/documents/201608_cf
    pb_StudentLoanOmbudsmanMidYearReport [https://perma.cc/2PCZ-PTFG]
    (discussing how servicing breakdowns related to the recertification of income-driven
    repayment plans may “result in the capitalization of unpaid interest charges, potentially
    increasing loan balances by hundreds or even thousands of dollars”); CFPB, STAYING ON
    TRACK WHILE GIVING BACK (2017), available at
    http://files.consumerfinance.gov/f/documents/201706_cfpb_PSLF-midyear-report
    [https://perma.cc/LYQ5-FK3S] (explaining how servicing “delays inhibit [borrowers’]
    ability to make qualified payments driven by their income, or borrowers can end up making
    dozens of unnecessary payments, costing them thousands of dollars that they might otherwise
    never have had to pay”).

    834 UTAH LAW REVIEW [NO. 4

    to account for their most egregious practices.82 As a result, borrowers routinely fail
    to benefit from the protections that are in place.83 The consequences for borrowers
    are greater than merely the lost protection of IDR; borrowers encounter breakdowns
    starting from the day a borrower receives her first bill and continuing until the day
    she pays off her loans.84 These breakdowns are not mere annoyances that can be
    greeted with a collective shrug. This is not like calling the cable company.

    By October 2017, the CFPB had received over sixty thousand complaints from
    student loan borrowers.85 That is more than one new complaint each hour, twenty-
    four hours per day, seven days per week since the CFPB started accepting student

    82 See Letter from the Nat’l Consumer Law Cent. to the CFPB 7 (July 13, 2015),
    available at https://www.regulations.gov/document?D=CFPB-2015-0021-6840
    [https://perma.cc/FND4-TZMD] (“There are few laws specifically governing student loan
    servicer conduct for either federal or private loans. The absence of clear borrower protections
    contrasts with other consumer credit areas such as credit cards and mortgages.”); Letter from
    Consumers Union to Monica Jackson, Office of the Exec. Sec’y, CFPB (July 13, 2015),
    available at https://www.regulations.gov/document?D=CFPB-2015-0021-0975
    [https://perma.cc/Q2XL-6K5F] (“[F]or people who took out loans to get an education, there
    are fewer protections and the system is often tough to navigate—as a result, these borrowers
    may be at the mercy of their servicers.”).

    83 See FROTMAN, supra note 78, at 7 (“The Bureau has heard from tens of thousands of
    borrowers who are struggling to keep up with their payments because they are unable to
    access essential consumer protections. It’s clear that the status quo isn’t working.”); see also
    U.S. GOV. ACCOUNTABILITY OFFICE, FEDERAL STUDENT LOANS: EDUCATION COULD DO
    MORE TO HELP ENSURE BORROWERS ARE AWARE OF REPAYMENT AND FORGIVENESS
    OPTIONS 13 n.21 (2015), available at http://www.gao.gov/products/GAO-15-663
    [https://perma.cc/V8SL-L6RT] (finding that 70 percent of borrowers in default had income
    that would entitle them to a reduced monthly payment under an income-driven repayment
    plan); Andrew Kreighbaum, New Guidelines on Loan Servicing, INSIDE HIGHER ED (July 21,
    2016), https://www.insidehighered.com/news/2016/07/21/education-dept-spells-out-new-
    student-borrower-protections [https://perma.cc/H5BE-D5WF] (quoting Secretary of
    Education John King as stating “Every borrower deserves access to the right information and
    resources to manage and ultimately pay off their debt . . . . When loan servicers make
    mistakes or don’t provide the right information at the right time, borrowers pay the price”).

    84 See, e.g., CFPB, STUDENT LOAN SERVICING, supra note 77, at 103–32 (documenting
    widespread servicing problems at all stages of student loan repayment); CFPB, STUDENT
    DATA & STUDENT DEBT 1 (2017), https://s3.amazonaws.com/files.consumerfinance.gov/f/
    documents/201702_cfpb_Enrollment-Status-Student-Loan-Report [https://perma.cc/DF
    47-5MKE] (documenting how enrollment status errors may incorrectly trigger early
    repayment for student loan borrowers); CFPB, MID-YEAR UPDATE ON STUDENT LOAN
    COMPLAINTS 3 (2015), http://files.consumerfinance.gov/f/201506_cfpb_mid-year-update-
    on-student-loan-complaints [https://perma.cc/44XQ-V35M] (“Complaints received by
    the CFPB indicate that borrowers are having trouble obtaining accurate payoff statements in
    order to refinance, as well as experiencing payment processing errors and delays.”).

    85 See CFPB, ANNUAL REPORT OF THE CFPB STUDENT LOAN OMBUDSMAN 2 (2017),
    available at http://files.consumerfinance.gov/f/documents/cfpb_annual-report_student-
    loan-ombudsman_2017 [https://perma.cc/F4ZA-UPSB] (noting that, as of August 31,
    2017, the CPFB had received 50,700 student loan complaints and 9,800 debt collection
    complaints from student loan borrowers).

    2018] BROKEN PROMISES 835

    loan complaints in 2012.86 Driven by these complaints, the CFPB and other federal
    and state law enforcement officials allege rampant illegal practices across the student
    loan market that are hurting student loan borrowers at every stage of repayment.87

    These enforcement actions offer evidence that, too often, on top of the historic
    debt that was pushed onto an entire generation, the process of repaying a student
    loan routinely adds insult to injury. After saddling borrowers with a mountain of
    student debt, they are then subject to harmful and illegal industry practices that drive
    them to default or lead to thousands of dollars in unnecessary costs.88 Collectively,

    86 See CFPB, MONTHLY COMPLAINT REPORT VOL. 22, 4 n.5 (2017), available at
    https://s3.amazonaws.com/files.consumerfinance.gov/f/documents/201704_cfpb_Monthly-
    Complaint-Report [https://perma.cc/G5YC-MQH3].

    87 See, e.g., Nearly 78,000 Service Members to Begin Receiving $60 Million Under
    Department of Justice Settlement with Navient for Overcharging on Student Loans, U.S.
    DEP’T JUST. (May 28, 2015), http://www.justice.gov/opa/pr/nearly-78000-service-members-
    begin-receiving-60-million-under-department-justice-settlement [https://perma.cc/UQ57-
    39RH]; FDIC Announces Settlement with Sallie Mae for Unfair and Deceptive Practices and
    Violations of the Servicemembers Civil Relief Act, FDIC (May 13, 2014),
    http://www.fdic.gov/news/news/press/2014/pr14033.html [https://perma.cc/VH2X-JUHF];
    CFPB Sues Nation’s Largest Student Loan Company Navient for Failing Borrowers at Every
    Stage of Repayment, CFPB (Jan. 18, 2017), https://www.consumerfinance.gov/about-
    us/newsroom/cfpb-sues-nations-largest-student-loan-company-navient-failing-borrowers-
    every-stage-repayment [https://perma.cc/AAX8-SWA7] [hereinafter CFPB Sues Navient];
    CFPB Takes Action Against Wells Fargo for Illegal Student Loan Servicing Practices, CFPB
    (Aug. 22, 2016), https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-
    against-wells-fargo-illegal-student-loan-servicing-practices/ [https://perma.cc/DAC5-
    C539]; CFPB Orders Discover Bank to Pay $18.5 Million for Illegal Student Loan Servicing
    Practices, CFPB (July 22, 2015), http://www.consumerfinance.gov/about-
    us/newsroom/cfpb-orders-discover-bank-to-pay-18-5-million-for-illegal-student-loan-
    servicing-practices [https://perma.cc/9MMC-RHU5] [hereinafter CFPB Orders Discover
    Bank to Pay]; AG Ferguson Files Suit Against Sallie Mae Offshoot Navient Corp.,
    Announces Student Loan Bill of Rights Legislation, WASH. STATE OFF. OF THE ATT’Y GEN.
    (Jan. 18, 2017), http://www.atg.wa.gov/news/news-releases/ag-ferguson-files-suit-against-
    sallie-mae-offshoot-navient-corp-announces-student [https://perma.cc/6RBQ-T3DS];
    Attorney General Madigan Sues Navient and Sallie Mae for Rampant Student Loan Abuses,
    ILL. ATT’Y GEN. (Jan. 18, 2017), http://www.illinoisattorneygeneral.gov/pressroom/2017
    _01/20170118.html [https://perma.cc/XU5G-GG44]; AG Healy Sues to Protect Public
    Service Loan Forgiveness, ATT’Y GEN. MASS. (Aug. 23, 2017),
    http://www.mass.gov/ago/news-and-updates/press-releases/2017/2017-08-23-pheaa-
    lawsuit.html [https://perma.cc/ANB8-5UYQ]; Attorney General Shapiro Sues Nation’s
    Largest Student Loan Company for Widespread Abuses, OFFICE OF ATT’Y GEN. JOSH
    SHAPIRO (Oct. 5, 2017), https://www.attorneygeneral.gov/Media_and_Resources/Press_
    Releases/Press_Release/?pid=4042 [https://perma.cc/WR2W-G8NC]; CFPB Takes Action
    Against Citibank for Student Loan Servicing Failures that Harmed Borrowers, CFPB (Nov.
    21, 2017), https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-
    against-citibank-student-loan-servicing-failures-harmed-borrowers/ [https://perma.cc/D9JV
    -ZMT8].

    88 See, e.g., CFPB Sues Navient, supra note 87 (“From January 2010 to March 2015,
    the company added up to $4 billion in interest charges to the principal balances of borrowers

    836 UTAH LAW REVIEW [NO. 4

    this adds billions of dollars of additional student debt to household balance sheets,
    thereby creating a further drag on the economy and damaging the financial future
    for millions of people.

    Over the last six years, the CFPB has shown a widening disconnect between
    the protections touted in press releases and the reality forty-four million people face
    on the ground.89 Widespread harmful and illegal practices, misaligned economic
    incentives, and antiquated or ill-considered public policies coalesce in ways that

    who were enrolled in multiple, consecutive forbearances. The Bureau believes that a large
    portion of these charges could have been avoided had Navient followed the law.”); CFPB
    Projects that One-in-Three Rehabilitated Student Loan Borrowers Will Re-default Within
    Two Years, CFPB (Oct. 17, 2016), https://www.consumerfinance.gov/about-
    us/newsroom/cfpb-projects-one-three-rehabilitated-student-loan-borrowers-will-re-default-
    within-two-years/ [https://perma.cc/22SR-JWGJ] (stating that program implementation
    failures may cost consumers $125 million in unnecessary interest charges alone); CFPB
    Orders Discover Bank to Pay, supra note 87 (“Today’s action demonstrates how Discover
    failed at providing the most basic functions of adequate student loan servicing for a portion
    of the loans that were transferred from Citibank. Thousands of consumers encountered
    problems as soon as their loans became due and Discover gave them account statements that
    overstated their minimum payment. Discover denied consumers information that they would
    have needed to obtain tax benefits and called consumers’ mobile phones at inappropriate
    times to contact them about their debts.”).

    89 See, e.g., Navient Statement on Apr. 10, 2017 Article, available at
    https://news.navient.com/static-files/7e0e7414-45af-4979-80da-d9f5ef40ee7f; but see
    CFPB, CFPB Sues Nation’s Largest Student Loan Company Navient for Failing Borrowers
    at Every Stage of Repayment (Jan. 18, 2017), https://www.consumerfinance.gov/about-
    us/newsroom/cfpb-sues-nations-largest-student-loan-company-navient-failing-borrowers-
    every-stage-repayment [https://perma.cc/AAX8-SWA7]; CFPB, CFPB Takes Action
    Against Wells Fargo for Illegal Student Loan Servicing Practices (Aug. 22, 2016),
    https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-wells-
    fargo-illegal-student-loan-servicing-practices/ [https://perma.cc/M962-PS89]; CFPB, CFPB
    Orders Discover Bank to Pay $18.5 Million for Illegal Student Loan Servicing Practices
    (July 22, 2015), http://www.consumerfinance.gov/about-us/newsroom/cfpb-orders-
    discover-bank-to-pay-18-5-million-for-illegal-student-loan-servicing-practices
    [https://perma.cc/9MMC-RHU5]; CFPB, SUPERVISORY HIGHLIGHTS: ISSUE 13, FALL 2016
    (Oct. 2016), https://www.consumerfinance.gov/documents/1389/Supervisory_Highlights_
    Issue_13__Final_10.31.16 [https://perma.cc/7296-G7UC]; CFPB, SUPERVISORY
    HIGHLIGHTS: ISSUE 15, SPRING 2017 (Apr. 2017), https://www.consumerfinance.gov/docu
    ments/4608/201704_cfpb_Supervisory-Highlights_Issue-15 [https://perma.cc/94W4-
    8XAN]; CFPB, SUPERVISORY HIGHLIGHTS: ISSUE 10, WINTER 2016 (Mar. 2016),
    http://files.consumerfinance.gov/f/201603_cfpb_supervisory-highlights [https://perma.
    cc/5XKP-KR5F]; CFPB, SUPERVISORY HIGHLIGHTS: ISSUE 9, FALL 2015 (2015),
    http://files.consumerfinance.gov/f/201510_cfpb_supervisory-highlights [https://perma.
    cc/Q5QM-YTWS]; CFPB, 2015 ANNUAL REPORT OF THE CFPB STUDENT LOAN
    OMBUDSMAN (Oct. 2015) https://www.consumerfinance.gov/data-research/research-
    reports/annual-report-of-the-cfpb-student-loan-ombudsman-2015/ [https://perma.cc/79SN-
    MR9C]; CFPB, 2016 ANNUAL REPORT OF THE CFPB STUDENT LOAN OMBUDSMAN (Oct.
    2016), https://www.consumerfinance.gov/data-research/research-reports/2016-annual-
    report-cfpb-student-loan-ombudsman [https://perma.cc/79SN-MR9C].

    2018] BROKEN PROMISES 837

    deny payment relief to struggling student loan borrowers.90 Furthermore, when
    struggling borrowers fall victim to a rigged system, they are treated like tax cheats
    and dead beat parents as they are driven to poverty through garnishment and
    offsets.91 With this in mind, two conclusions are inevitable.

    A. Policymakers, Regulators, and Law Enforcement Officials Neglect

    the Student Loan Market at Borrowers’ Peril

    Simply because the word “student” comes before “loan,” policymakers
    routinely treat these consumers like second class citizens. As previously mentioned,
    when compared to other consumer financial products like credit cards or mortgages,
    the companies paid to manage the student loan repayment process are subject to less
    oversight and consumers are entitled to fewer affirmative protections.92 Student loan

    90 See, e.g., Susan Dynarski et al., An Economist’s Perspective on Student Loans in the

    United States, ECON. STUD. AT BROOKINGS (2014), http://www.brookings.edu/~/media/
    research/files/papers/2014/09/economist_perspective_student_loans_dynarski/economist_p
    erspective_student_loans_dynarski [https://perma.cc/SZS6-343D] (“Here we have a
    classic ‘principal-agent’ problem, with the agent (the student loan servicers) having little
    incentive to act in the best interests of the principal (the federal government). Student loan
    servicers don’t have much incentive to prevent borrowers from defaulting, because the
    servicers either don’t own the underlying loans or, if they do, face few costs if a borrower
    defaults. Restructuring a borrower’s payments and preventing default requires effort, and the
    beneficiary of this effort is the government and the student—not the servicer.”); see also
    Molly Hensley-Clancy, How America’s Student Loan Giant Dropped the Ball, BUZZFEED
    (Feb. 13, 2017, 10:46 AM), https://www.buzzfeed.com/mollyhensleyclancy/how-things-
    went-wrong-at-americas-student-loan-giant?utm_term=.ruBN1D2LzX#.gyXGeQq30w
    [https://perma.cc/7D76-J4AJ] (“At Navient’s call centers . . . [a Navient employee]
    said . . . [d]uring March Madness, her managers created a bracket on the wall and had agents
    compete against one another to collect payments and resolve accounts.”).

    91 See, e.g., U.S. GOV’T ACCOUNTABILITY OFF., GAO-17-45, SOCIAL SECURITY
    OFFSETS: IMPROVEMENTS TO PROGRAM DESIGN COULD BETTER ASSIST OLDER STUDENT
    LOAN BORROWERS WITH OBTAINING PERMITTED RELIEF (2016), http://www.gao.gov/assets/
    690/681722 [https://perma.cc/W7AC-H9C3] (showing that 47 percent of student loan
    borrowers subject to Social Security offsets have a monthly benefit that is below the poverty
    line and is further reduced by the offset. For 16 percent of borrowers, their Social Security
    benefits are above the poverty line but the offset reduces the benefit below the poverty line);
    CFPB, SNAPSHOT OF OLDER CONSUMERS AND STUDENT LOAN DEBT (Jan. 2017),
    https://s3.amazonaws.com/files.consumerfinance.gov/f/documents/201701_cfpb_OA-
    Student-Loan-Snapshot [https://perma.cc/284M-RNY5] (detailing the financial strain
    benefits offsets have on older student loan borrowers); CFPB, 2016 ANNUAL REPORT OF THE
    CFPB STUDENT LOAN OMBUDSMAN, supra note 89 (documenting how servicing
    breakdowns can lead to “unnecessary offset of tax returns garnishment of wages or certain
    [S]ocial [S]ecurity benefits, and prolonged ineligibility for federal student aid.”).

    92 See, e.g., Letter from the National Consumer Law Center to the Consumer Financial
    Protection Bureau (July 13, 2015), https://www.regulations.gov/document?D=CFPB-2015-
    0021-6840 [https://perma.cc/FND4-TZMD] (“There are few laws specifically governing
    student loan servicer conduct for either federal or private loans. The absence of clear

    838 UTAH LAW REVIEW [NO. 4

    borrowers routinely face breakdowns and harmful practices that would simply never
    be permitted in other markets.93 And a series of recent actions by the U.S.
    Department of Education purport to further shield the largest student loan companies
    from scrutiny by regulators and law enforcement officials.94

    B. The Department of Education Cannot Self-Regulate

    If policymakers seek to accomplish any meaningful and lasting reform, they

    must overcome the misguided notion that one of the nation’s largest creditors, the
    Department of Education, should be relied upon to self-regulate. Too many people

    borrower protections contrasts with other consumer credit areas such as credit cards and
    mortgages.”); Letter from Suzanne Martindale, Staff Attorney, Consumers Union, to Monica
    Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau (July 13,
    2015), https://www.regulations.gov/document?D=CFPB-2015-0021-0975 [https://perma.
    cc/2J4C-8KYE] (“[F]or people who took out loans to get an education, there are fewer
    protections and the system is often tough to navigate—as a result, these borrowers may be at
    the mercy of their servicers.”).

    93 For example, the CFPB has noted the issues student loan borrowers face when their
    loans are transferred to a new servicer. In 2015, the CFPB released data from one large
    student loan servicer showing that:

    Out of the more than 2.5 million accounts transferred, the company encountered
    problems with more than one out of five borrower accounts. These problems
    largely related to the transfer of records and other basic account
    information. . . . The cause of many of these problems may have originated with
    servicing errors made by the transferor servicer. Issues identified by this company
    include: Incorrect balance information leading to a change in monthly
    payment . . . ; incorrect balance information that would have produced balloon
    payments . . . ; multiple consecutive forbearances prior to transfer . . . ; [and]
    trailing and missing payments.

    CFPB, ANNUAL REPORT OF THE CFPB STUDENT LOAN OMBUDSMAN (Sept. 2015),
    http://files.consumerfinance.gov/f/201509_cfpb_student-loan-servicing-report
    [https://perma.cc/M4VJ-4UT2]; cf. 12 U.S.C. § 2605(b)–(e) (2018) (defining mortgage
    servicer obligations in the event of a servicing transfer); 12 C.F.R. § 1024.33 (regulations for
    mortgage servicing transfers).

    94 See Letter from Kathleen Smith, Acting Asst. Secretary, Office of Postsecondary
    Education, to The Honorable Richard Cordray, Director, Consumer Financial Protection
    Bureau (Aug. 31, 2017), https://edworkforce.house.gov/uploadedfiles/2017-09-
    01_signed_letter_to_cfpb [https://perma.cc/7UP5-9QEL] (revoking an information
    sharing agreement related to consumer complaints); U.S. DEP’T OF EDUCATION, FEDERAL
    PREEMPTION AND STATE REGULATION OF THE DEPARTMENT OF EDUCATION’S FEDERAL
    STUDENT LOAN PROGRAMS AND FEDERAL STUDENT LOAN SERVICERS, 83 Fed. Reg. 10619
    (Mar. 12, 2018), https://www.federalregister.gov/documents/2018/03/12/2018-
    04924/federal-preemption-and-state-regulation-of-the-department-of-educations-federal-
    student-loan; U.S. Department of Education Statement of Interest, Massachusetts v.
    Pennsylvania Higher Education Assistance Authority (PHEAA), No. 1784CV02682 (2018).

    2018] BROKEN PROMISES 839

    are too comfortable only looking to the Department of Education to fix the consumer
    debt market it dominates. The Department of Education is responsible for
    contracting with private companies to originate and service the more than $1 trillion
    in consumer debt it owns.95 In no other market and with no other creditor would
    policymakers permit self-policing or reform via contract, rather than imposing
    independent statutory and regulatory requirements that are transparent and
    enforceable.96

    As recent events have illustrated, self-regulation by the Department of
    Education leaves student loan borrowers exposed and vulnerable to the political
    priorities of each new administration.97 Where sympathetic administrations
    prioritized consumer protection, reform that was implemented through guidance and
    contracts fail to endure.98 And where one administration may prioritize consumer
    protection, the next may seek to advance a different goal.99 But what ties all

    95 See Loan Servicing Contracts, U.S. DEPT. OF EDUC. (last visited Apr. 10, 2018),

    https://studentaid.ed.gov/sa/about/data-center/business-info/contracts/loan-servicing
    [https://perma.cc/4WCB-PSVV].

    96 See also U.S. GOV’T. ACCOUNTABILITY OFF., GAO-16-196T, FEDERAL STUDENT
    LOANS: KEY WEAKNESSES LIMIT EDUCATION’S MANAGEMENT OF CONTRACTORS (2015),
    https://www.gao.gov/assets/680/673725 [https://perma.cc/75MK-6DFN]. For a
    historical perspective of the Department of Education’s oversight in a predominately FFELP
    loan market, see Statement of Representative George Miller Before House Committee on
    Education and Labor (May 10, 2007), https://www.gpo.gov/fdsys/pkg/CHRG-
    110hhrg34989/html/CHRG-110hhrg34989.htm [https://perma.cc/HGZ6-U36P] (“[T]he
    federal student loan programs must be managed in the best interests of students, parents and
    taxpayers. . . . I agree with New York Attorney General Andrew Cuomo that testified before
    this committee last month when he said that the department [of Education] had been ‘asleep
    at the switch’ when it comes to overseeing the federal student loan programs. In fact, Mr.
    Cuomo might have been too polite . . . . Over the last several months, New York Attorney
    General Cuomo has led the way in the investigations into the student loan industry, and many
    other state attorneys general have begun their own investigations. But the Department of
    Education has been conspicuously missing from action.”).

    97 See supra note 96 and accompanying text.
    98 See Letter from Betsy DeVos, Secretary, U.S. Dept. of Educ., to James W. Runcie,

    Chief Operating Officer, Federal Student Aid (Apr. 11, 2017),
    https://www2.ed.gov/documents/press-releases/student-loan-servicer-recompete
    [https://perma.cc/Z825-EHHT] (withdrawing the previous administration’s memorandum
    detailing policy direction for federal student loan servicing); see also Letter from Ted
    Mitchell, Under Secretary, U.S. Dept. of Educ., to James Runcie, Chief Operating Officer,
    Federal Student Aid (July 20, 2016), https://www2.ed.gov/documents/press-releases/loan-
    servicing-policy-memo [https://perma.cc/W5ZL-A29F]; supra note 96.

    99 On March 12, 2018, Education Secretary Betsy DeVos issued a new “interpretation”
    of the Higher Education Act, purporting to preclude oversight by states over the servicing of
    certain types of student loans. U.S. DEP’T OF EDUCATION, FEDERAL PREEMPTION AND STATE
    REGULATION OF THE DEPARTMENT OF EDUCATION’S FEDERAL STUDENT LOAN PROGRAMS
    AND FEDERAL STUDENT LOAN SERVICERS. Subsequent to the release of this statement, the
    student loan industry has relied on this interpretation to support legal claims that its practices
    are, in effect, above the law. See Student Loan Servicing Alliance (SLSA) v. Taylor et al.,

    840 UTAH LAW REVIEW [NO. 4

    administrations together is the desire to manage a $1 trillion portfolio at the lowest
    cost possible in order to invest in other priorities—pitting other higher education
    programs against the investment necessary to deliver on the baseline protections
    promised to borrowers.

    Industry takes its lead from these priorities.100 Unprecedented efforts to
    deprioritize or deflect rigorous oversight by independent federal and state agencies
    risks leaving a $1 trillion blind spot in the heart of the nation’s financial sector.101
    Student loan borrowers deserve better. If the student loan market continues down
    this path, it leaves the future of forty-four million people subject to the political
    winds and special interest groups who view the student debt crisis as an avenue to
    enrich themselves, openly touting that they have no responsibility to help student
    loan borrowers.102

    IV. THE ROAD AHEAD

    The task awaiting today’s policymakers and researchers is, in some ways, more

    difficult than the previous crisis. The present problem is a quiet crisis. It is not driven
    by storefronts springing up on corners in vulnerable communities and peddling
    financial products that strip wealth from those least able to afford it. It does not
    feature families forced from their homes because they fell behind on a mortgage they
    could not afford. There are no abandoned houses to point to. Research now shows
    that a foreclosure harms more than just the individual family.103 The ripple effect of

    No. 1:18-cv-00640 (D.D.C. filed Mar. 20, 2018); Pennsylvania Higher Education Assistance
    Authority (PHEAA) v. Perez et al., No. 1:18-cv-00770 (D.D.C. filed Apr. 4, 2018).

    100 See, e.g., Letter from James P. Bergeron, President, Nat’l Council of Higher Educ.
    Resource, to Kathleen Smith, Acting Asst. Secretary for Postsecondary Education, U.S.
    Dept. of Educ., http://www.ncher.us/resource/resmgr/images/letters-testimony/2017/07-18-
    17_NCHER_Letter_to_ED_ (“NCHER urges the Department to issue regulatory
    guidance that clearly states that federal student loan servicers and guaranty agencies are
    governed by the Department’s rules and requirements and those of other federal agencies,
    and preempt state and local laws and actions that purport to regulate the activities of
    participants in the federal student loan programs, including federal contractors.”).

    101 See FROTMAN, CFPB, PREPARED REMARKS, supra note 3; see also Letter from 20
    State Attorneys General to The Honorable Betsy DeVos, U.S. Dept. of Educ. (Sep. 26, 2017),
    https://ag.ny.gov/press-release/ag-schneiderman-fellow-ags-betsy-devos-stop-undermining-
    critical-protections-student (“Congress did not exempt the $1.3 trillion federal student loan
    market from the CFPB’s jurisdiction—or from the jurisdiction of any other law enforcement
    agencies.”).

    102 See Defendant’s Motion to Dismiss, CFPB v. Navient, No. 3:CV-17-00101-RDM,
    at 20–21 (M.D. Pa. 2017), available at https://news.navient.com/static-files/d95c10ce-11a3-
    41b6-8ea7-49a83a41cf04 [https://perma.cc/AY2D-ULB6] (“[T]here is no expectation that
    the servicer will ‘act in the interest of the consumer.’”).

    103 See G. THOMAS KINGSLEY ET AL., THE URBAN INSTITUTE, THE IMPACTS OF
    FORECLOSURES ON FAMILIES AND COMMUNITIES (2009), https://www.urban.org/sites/
    default/files/publication/30426/411909-The-Impacts-of-Foreclosures-on-Families-and-
    Communities.PDF [https://perma.cc/UJ9N-GWTN]; James H. Carr et al., The Foreclosure

    2018] BROKEN PROMISES 841

    a foreclosure extends across the community.104 However, to a casual observer, the
    signs of a family’s own internal student debt crisis are less visible than the empty
    house at the end of the block that used to belong to a neighbor and now belongs to a
    bank. But simply because a family’s crisis is not as readily apparent, does not mean
    that the effects on communities are any less significant or severe. The burden of
    student debt can ravage communities in a myriad of ways.

    For example, consider a borrower devoting so much of his paycheck to his
    monthly student loan payment that he never puts enough away to save for a home.
    He is then pushed into an often punishing rental market that further limits the options
    available to him and his family, such as the school district in which they can live,
    thus perpetuating a cycle of economic and geographic segregation. Consider also
    one of the several towns in rural America where residents lost their jobs after a major
    employer—a factory, a mine, or a lumber mill—was shuttered. These residents go
    back to school to learn new skills, take on debt, fall behind on their debt despite
    protections that should prevent this, and now the town is doubly harmed.

    Consider also the thousands of borrowers who took on debt so they could go to
    school to learn the skills necessary for vital professions. These borrowers depend on
    their credit to get or keep a job because in many states, a credit check can still be
    used as a precondition for nearly any employment.105 Furthermore, thousands of
    nurses, teachers, EMTs, and other public servants rely on their credit to maintain
    their professional licenses.106 And yet, all across the country, these borrowers fall
    behind on a student loan and become unable to get or keep the job that keeps a roof
    over their head.107

    Crisis and Its Impact on Communities of Color: Research and Solutions, NAT. COMMUNITY
    REINVESTMENT COALITION (Sept. 2011), https://schar.gmu.edu/sites/default/files/faculty-
    staff/cv/ncrc_foreclosurewhitepaper_2011 [https://perma.cc/AG93-TF2P].

    104 See KINGSLEY ET AL., supra note 103; Carr, supra note 103; see also Brief of Nat’l
    Ass’n of Counties as Amici Curiae, Bank of America v. Miami, 137 S. Ct. 1296 (2016),
    available at http://static1.1.sqspcdn.com/static/f/624306/27284305/1476191781460/BOA_
    filed ?token=HTNgFPT14MuaeHcz3ZoecAJw9W8%3D [https://perma.cc/HY6X-
    JY2X] (arguing that cities are uniquely harmed when banks engage in discriminatory lending
    practices that lead to foreclosures).

    105 See AMY TRAUB, DEMOS, DISCREDITED: HOW EMPLOYMENT CREDIT CHECKS KEEP
    QUALIFIED WORKERS OUT OF A JOB (2013), http://www.demos.org/sites/default/files/
    publications/Discredited-Demos [https://perma.cc/99FJ-UUSD] (noting that as of
    February 2013, only 8 states have passed legislation that restrict employment discrimination
    based on credit checks).

    106 See Jessica Silver-Greenberg et al., When Unpaid Student Loan Bills Mean You Can
    No Longer Work, N.Y. TIMES (Nov. 18, 2017), https://www.nytimes.com/2017/11/18/
    business/student-loans-licenses.html [https://perma.cc/QT5S-E2NJ]; JOBS WITH JUSTICE,
    STATE LAWS AND STATUTES THAT SUSPEND PROFESSIONAL LICENSES AND CERTIFICATES
    (2014), http://www.jwj.org/wp-content/uploads/2015/02/State-Laws-and-Statutes-That-
    Suspend-Professional-Licenses-and-Certificates [https://perma.cc/2R9H-38QB].

    107 See Silver-Greenberg, supra note 106.

    842 UTAH LAW REVIEW [NO. 4

    A growing body of evidence suggests that millions of Americans are
    experiencing crises exactly like these.108 Individual lives are disrupted; families
    become buried under the financial consequences of unmanageable student debt; and
    this devastation ripples across their communities. The stakes are high and the
    consequences are enormous for neighborhoods, communities, states, and the
    nation—all driven by a cycle dependent on the debt that flows through this broken
    system and spurred on by the tired assumptions that set the country down this path.

    So, what can researchers and policymakers do to end the student debt crisis?
    The national conversation is starting to incorporate exciting and far reaching
    proposals for how actors at all levels of the public or the private sector can help new
    borrowers avoid the consequences of student debt.109 This is a laudable and

    108 See, e.g., William Elliott III, New Report: Are Student Loans the Best We Can Do?,

    NEW AM. (Sept. 9, 2014), https://www.newamerica.org/asset-building/the-ladder/new-
    report-are-student-loans-the-best-we-can-do/ [https://perma.cc/RR38-Q88U] (“[A] growing
    body of research is beginning to reveal that student loans, large and small, have negative
    effects on far too many potential students’ college preparation, the decision to enroll in
    college, which college to select, whether to stay and complete college, which job to take after
    college, whether and when to marry, when they have kids, the amount of overall financial
    stress they experience, whether to buy a home, and whether, when, and how much they save
    for retirement.”); Remarks of Secretary Lew Before the Financial Literacy Education
    Commission (Oct. 2013), http://www.treasury.gov/press-center/press-releases/Pages/jl2191
    .aspx [https://perma.cc/R5TB-6H3H] (Secretary of the Treasury Jacob Lew remarked that
    student debt is “hampering our economy” across multiple sectors of society); Richard Fry,
    Young Adults, Student Debt and Economic Well-Being, PEW RES. CTR. (May 14, 2014),
    http://www.pewsocialtrends.org/2014/05/14/young-adults-student-debt-and-economic-well
    -being/ [https://perma.cc/AME2-BVZ9] (“Research also shows a troubling connection
    between higher debt burdens and other economic challenges like material or health care
    hardship. As student loan borrowers enter repayment, they are less likely to have emergency
    savings or save for retirement. One study shows that households headed by a young, college-
    educated person without student debt have seven times the typical net worth as a similar
    household with student debt.”); see also Phyliss Korki, The Ripple Effects of Rising Student
    Debt, N.Y. TIMES (May 24, 2014), https://www.nytimes.com/2014/05/25/business/the-
    ripple-effects-of-rising-student-debt.html?_r=0 [https://perma.cc/Q2NE-TEQY].

    109 See, e.g., MARK HUELSMAN, DEMOS, THE CASE FOR DEBT-FREE PUBLIC COLLEGE
    (2015), http://www.demos.org/sites/default/files/publications/thecasefordebtfreecollege-
    _mark_ [https://perma.cc/GA6X-6RQP] (detailing “why a return to a debt-free system
    of public universities and colleges would help revive the promise of affordable higher
    education regardless of one’s family income”); Keith Ellison, The Argument for Tuition-Free
    College, AM. PROSPECT (Apr. 14, 2016), http://prospect.org/article/argument-tuition-free-
    college [https://perma.cc/2RJ2-AZ8Y] (“The first step in making college accessible again,
    and returning to an education system that serves every American, is addressing the student
    loan debt crisis. . . . Eliminating student loan debt is the first step, but it’s not the last. Once
    we ensure that student loan debt isn’t a barrier to going to college, we should reframe how
    we think about higher education.”); Michael Dannenberg & Konrad Mugglestone, The
    Promise of “Free” College, DEMOCRACY JOURNAL (Nov. 14, 2017), https://democracy
    journal.org/arguments/the-promise-of-free-college/ [https://perma.cc/Q3PW-EA8Y]
    (defining metrics to evaluate free college policy proposals); see also CFPB, INNOVATION

    2018] BROKEN PROMISES 843

    necessary endeavor, but it is wholly inadequate to address the crisis borrowers are
    facing today. Policymakers could make college free for everyone tomorrow, but that
    would do nothing to help the millions of Americans struggling today. For those
    borrowers with student debt, solutions that help the next guy not only miss the mark,
    but reinforce the notion that America is willing to write off this entire generation of
    borrowers. America cannot forget forty-four million people.

    A. Strengthen Consumer Protections in the Student Loan Market

    Strengthening consumer protections in this market, while not a cure-all, is a

    critical step. At a bare minimum, fixing the severely broken repayment system that
    fails more student loan borrowers each day is essential. When society asks people to
    take a risk and go to college, it must make sure that at the very least, they do not
    spend the next two decades of their lives navigating a minefield of illegal practices.

    The student loan market can achieve this through robust oversight at the state
    and federal levels. For decades, state and federal regulators have overseen banks,
    credit unions, debt collectors, and other companies that provide financial products
    or services to consumers.110 This oversight has been a key component of the post-
    recession strategy to ensure consumers are protected when things go wrong.111
    However, tellingly, until 2014, a student loan servicing industry responsible for
    handling over a trillion dollars in consumer debt was not subject to the same federal

    HIGHLIGHTS: EMERGING STUDENT LOAN REPAYMENT ASSISTANCE (Aug. 16, 2017),
    https://www.consumerfinance.gov/data-research/research-reports/innovation-highlights-
    emerging-student-loan-repayment-assistance [https://perma.cc/BXK3-GBZZ] (discussing
    “the growing number of employer-based student loan repayment programs that can save
    eligible employees hundreds or thousands in loan principal and interests payments, but where
    barriers to innovation exist.”); Nat’l Conference of State Legislatures, Student Loan Debt
    (Nov. 9, 2015), http://www.ncsl.org/research/education/student-loan-debt.aspx
    [https://perma.cc/X673-NUDB] (discussing a variety of state policy ideas for addressing
    student loan debt).

    110 By 1914, the 48 contiguous states had instituted state-based bank examinations, and
    by 1931, they had each established a specific agency for state-based bank regulation.
    BENJAMIN KLEBANER, AMERICAN COMMERCIAL BANKING: A HISTORY 99 (1990); see also
    CFPB, FEDERAL CONSUMER AGENCY TO PARTNER WITH STATE REGULATORS ON
    SUPERVISION OF PROVIDERS OF CONSUMER FINANCIAL PRODUCTS AND SERVICES,
    INCLUDING MORTGAGE LENDERS, PRIVATE STUDENT LENDERS AND PAYDAY LENDERS (Jan.
    4, 2011), https://www.consumerfinance.gov/about-us/newsroom/consumer-agency-to-
    partner-with-state-regulators [https://perma.cc/HH63-GA3S].

    111 See Testimony of Steven L. Antonakes, Massachusetts Commissioner of Banks
    Before the House Financial Services Committee (Apr. 23, 2009), https://www.csbs.org/sites
    /default/files/2017-11/April232009StevenAntonakesTestimony [https://perma.cc/R7M
    P-BHDS] (“The states have long been recognized as leaders in responding to consumer
    protection issues with innovative solutions. . . . States have been leading the fight to reign in
    abusive lending through predatory lending laws, licensing and supervision of mortgage
    lenders and brokers, and through enforcement of consumer protection laws and standards of
    safety and soundness.”).

    844 UTAH LAW REVIEW [NO. 4

    accountability.112 And today, only a handful of states have expanded their oversight
    to include these companies despite the central role they play in many citizens’
    economic lives.113

    How does one explain to student loan borrowers all across the country that if
    they rent out a spare room on Airbnb, they likely need to obtain a license to do so,
    but the companies running the $1.5 trillion student loan system often operate in the
    shadows?114 Student loan borrowers deserve a government that focuses on their
    problems by building out the critical framework necessary to ensure these
    companies are complying with the law.

    Additionally, to ensure this oversight is effective, the student loan market also
    needs clear rules of the road, just like those in other consumer debt markets. When
    setting standards in this market, individual borrowers, law enforcement, and
    regulators must be given the tools to hold student loan companies accountable for
    meeting these standards.

    B. Expanding Help for Struggling Borrowers

    Second, the public and private sectors must think of innovative ways to help

    borrowers and their families reduce the financial burden caused by student debt.
    States have implemented a range of creative solutions that help borrowers in
    repayment, from programs like New York’s “Get on Your Feet,” to Maryland’s
    “SmartBuy.”115 Programs like these are not only critical for student loan borrowers’

    112 See Defining Larger Participants of the Student Loan Servicing Market, CFPB,

    https://www.consumerfinance.gov/policy-compliance/rulemaking/final-rules/defining-
    larger-participants-student-loan-servicing-market/ [https://perma.cc/89R7-HRW2] (last
    visited Apr. 10, 2017).

    113 To date, Connecticut (Pub. Acts 15-200 and 15-162), the District of Columbia (L21-
    0214), California (AB 2251), Illinois (Public Act 100-0540), and Washington (SB 6029)
    have passed legislation for state-based student loan servicing oversight. At least a dozen
    other states have considered similar legislation, including Colorado, Maine, Maryland,
    Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, New York, Oregon, Rhode
    Island, and Virginia.

    114 See What Legal and Regulatory Issues Should I Consider Before Hosting on
    Airbnb?, AIRBNB, https://www.airbnb.com/help/article/376/what-legal-and-regulatory-
    issues-should-i-consider-before-hosting-on-airbnb [https://perma.cc/FV6H-WTDH] (last
    visited Apr. 10, 2017) (“In many cities, you must register, get a permit, or obtain a license
    before you list your property or accept guests.”).

    115 See New York State, Get on Your Feet Loan Forgiveness Program,
    https://www.hesc.ny.gov/repay-your-loans/repayment-options-assistance/loan-forgiveness-
    cancellation-and-discharge/nys-get-on-your-feet-loan-forgiveness-program.html
    [https://perma.cc/W8YB-EV5H] (last visited Dec. 18, 2017) (“The NYS Get on Your Feet
    Loan Forgiveness Program provides up to 24 months of federal student loan debt relief to
    recent NYS college graduates who are participating in a federal income-driven repayment
    plan whose payments are generally capped at 10 percent of their discretionary income.”);
    Maryland State, Maryland SmartBuy, http://mmp.maryland.gov/Pages/SmartBuy/default.

    2018] BROKEN PROMISES 845

    financial futures, but must be viewed as an extension of the national effort and
    obligation to continue righting the wrongs of the Great Recession. There is no silver
    bullet to fix a problem of this scale, but innovative policymaking, diligent oversight,
    and a government-wide crackdown on illegal student loan industry practices offer
    necessary first steps.

    V. CONCLUSION

    Society should not succumb to the wishes of those who have not only resigned

    themselves to this broken system, but have also endorsed the status quo as an
    acceptable new normal.116 We must find ways to end the cycle of debt-fueled higher
    education and student loan borrower distress.

    Individual groups and organizations across the country are taking notice of how
    student debt affects their members. Organizations ranging from the AARP and the
    National Association of Realtors, to the NAACP and the American Federation of
    Teachers, are continuing to increase their efforts to fix the student debt crisis.117 This

    aspx [https://perma.cc/94KF-GFAB] (last visited Dec. 18, 2017) (offering student loan
    borrowers a state-funded home mortgage down-payment loan that can be used to pay off
    student loan debt); see also Kansas State, Kansas State Loan Repayment Program,
    http://www.kdheks.gov/olrh/FundLoan.html [https://perma.cc/47ZP-KXPP] (last visited
    May 7, 2018).

    116 See, e.g., Claudio Sanchez, Is the Student Loan Crisis Fact or Fiction?, NPR (July
    28, 2016), https://www.npr.org/sections/ed/2016/07/28/487032643/is-the-student-loan-
    crisis-fact-or-fiction [https://perma.cc/DWB8-ENQP] (“Student debt is really creating a lot
    of opportunities for people. People wouldn’t be able to go to college otherwise.”); Joel A.
    Elvery, Is There a Student Loan Crisis? Not in Payments, FED. RES. BANK OF CLEV. (May
    16, 2016), https://clevelandfed.org/~/media/content/newsroom%20and%20events/publicat
    ions/forefront/ff%20v7n02/ff%20v7n0204%20is%20there%20a%20student%20loan%20cr
    isis%20pdf ?la=en [https://perma.cc/J4DV-JNEL] (“If the share of young people
    pursuing college degrees is going to rise, it will probably be because of increases in college
    enrollment by low- and middle-income students, to whom student loans are especially
    important. Like any borrower, a potential student loan borrower should focus on whether the
    debt is enabling her or him to make a valuable investment in the future.”); Beth Akers &
    Matthew Chingos, Is a Student Loan Crisis on the Horizon, BROWN CTR. ON EDUC. POL’Y
    AT BROOKINGS (June 2014), https://fortunedotcom.files.wordpress.com/2014/06/is_a_
    student_loan_crisis_on_the_horizon [https://perma.cc/VZN5-7JNF]; see also Mark
    Huelsman, The Debt Divide: The Racial and Class Bias Behind the “New Normal” of
    Student Borrowing, DEMOS (May 19, 2015), http://www.demos.org/publication/debt-divide-
    racial-and-class-bias-behind-new-normal-student-borrowing [https://perma.cc/7E3A-
    8PWX].

    117 See Eilieen Ambrose, Student Debt Traps Older Borrowers, AARP (2014),
    https://www.aarp.org/money/credit-loans-debt/info-2014/student-loan-debt-traps.html
    [https://perma.cc/HE64-QBZQ]; NAT. ASSOC. OF REALTORS, STUDENT LOAN DEBT AND
    HOUSING REPORT 2017: WHEN DEBT HOLDS YOU BACK (2017),
    https://www.nar.realtor/sites/default/files/reports/2017/2017-student-loan-debt-and-
    housing-09-18-2017 [https://perma.cc/6YCJ-H4EA]; Letter from The Leadership
    Conference on Civil and Human Rights, to Secretary Betsy DeVos (Sept. 19, 2017),

    846 UTAH LAW REVIEW [NO. 4

    is promising, but reinforces how much work still needs to be done and how many
    more people need to be doing it. Student debt is not simply a “college student” issue.
    It is not only a “consumer protection” issue. Nor is it solely an economic justice
    issue, or a civil rights issue, or an elder justice issue. The student loan crisis is all of
    these and more.

    If this country is to build a foundation for these reforms, more research,
    advocacy, and organizing is needed. New scholarship, in particular, is necessary for
    these policies to be successful. Researchers should consider the following questions:

    • If you care about income disparities and economic justice, what have you
    done to demonstrate how student debt entrenches inequality?

    • If you care about civil rights and racial justice, what have you done to
    explore the uniquely burdensome role of student debt in communities of
    color?

    • If you remain committed to the American ideal of college as a gateway to
    the middle class, what have you done to show how the debt-financed higher
    education model impedes this ideal?

    • If you care about college access and affordability, what have you done to
    ensure that the determinant of success is not limited to walking across the
    stage with a diploma?

    • If you care about protecting American consumers, what have you done to
    lay out a twenty-first century consumer protection framework for the
    student loan market?

    Perhaps most importantly, the academic community should ask itself if it has
    collectively done the work necessary to demonstrate to policymakers across the
    country that debt-fueled higher education merely shifts these costs onto those least
    able to bear them. Researchers and advocates have an opportunity and obligation to
    cast aside the tired and faulty assumptions that underpin this crisis and document for
    elected officials that such policy decisions merely shift the burden onto the backs of
    the students, families, and communities they represent. The only indisputable
    conclusion is that there is much more work to do. America needs to do better for this
    generation and for the next. Policymakers need to renew the promise to never let this
    happen again. And this time, they need to keep that promise.

    https://civilrights.org/letter-re-concerns-impact-student-loan-servicing-debt-collection-
    changes-undermined-regulations-black-latino-borrowers/ [https://perma.cc/S5UR-SXBN];
    Letter from American Federation of Teachers, to State Attorneys General (Apr. 26, 2017),
    https://www.aft.org/sites/default/files/ltr_generic_agstuloansvc_042617 [https://perma.
    cc/J3FD-8YG5] (AFT’s coalition wrote to 56 state attorneys general and state banking
    commissioners to urge oversight action on behalf of student loan borrowers).

      Utah Law Review
      7-2018

    • Broken Promises: How Debt-financed Higher Education Rewrote America’s Social Contract and Fueled a Quiet Crisis
    • Seth Frotman
      Recommended Citation

    • UTA 2018.4 [1] Frotman

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