Louisiana Revised Statutes 6:1413 – Written inquiries and complaints
Terms Used In Louisiana Revised Statutes 6:1413
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Nonconforming payment: means a payment made by a student loan borrower that is more or less than the required payment for a student education loan account. See Louisiana Revised Statutes 6:1411
- Student loan borrower: means a resident of this state who meets either of the following criteria:
(a) Has received or agreed to pay a student education loan. See Louisiana Revised Statutes 6:1411
- Student loan servicer: means a person or entity who is engaged in the business of servicing a student education loan owed by a student loan borrower. See Louisiana Revised Statutes 6:1411
A. A student loan servicer shall acknowledge receipt of a written inquiry or complaint from a student loan borrower or the authorized representative of a student loan borrower within ten days after receiving the inquiry or complaint.
B. Unless a response to the written inquiry is included in the acknowledgment required pursuant to Subsection A of this Section, a student loan servicer shall provide information responding to a written inquiry or complaint received pursuant to Subsection A of this Section within thirty days after receiving the inquiry or complaint.
C. If a written inquiry or complaint received pursuant to Subsection A of this Section relates to a student loan borrower’s account balance, the information provided pursuant to Subsection B of this Section is to include either of the following:
(1) A statement that the student loan servicer has corrected the account balance.
(2) An explanation of why the student loan servicer believes that the student loan borrower’s account is correct.
D. If a student loan borrower requests a document concerning the account of the student loan borrower that is in the possession or control of a student loan servicer, the student loan servicer shall provide the document within thirty days after receiving the request.
E. If a student loan servicer receives a nonconforming payment, the student loan servicer shall do all of the following:
(1) Notify the student loan borrower that the payment is a nonconforming payment within ten days after receiving the payment.
(2) Ask the student loan borrower how he would like the student loan servicer to apply the nonconforming payment to the student loan borrower’s account.
Acts 2022, No. 710, §1.