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Update for Washington Student Loan Servicing Laws

By Matt PridemoreJuly 31, 2018

The Washington State Department of Financial Institutions began accepting applications July 16, 2018 from Student Loan Servicers as part of the implementation for E2SSB 6029.  Attention, Student Education Loan Servicers are now subject to Regulation under the Consumer Loan Act, chapter 31.04 RCW, by passage of Engrossed Second Substitute Senate Bill 6029.

According to the Revised Code of Washington Section 31.04.015 (35), “Student education loan servicing” or “service a student education loan” means:
(a) Receiving any scheduled periodic payments from a student education loan borrower pursuant to the terms of a student education loan;
(b) applying the payments of principal and interest and such other payments with respect to the amounts received from a student education loan borrower, as may be required pursuant to the terms of a student education loan;
(c) working with the student education loan borrower to collect data, or collecting data, to make decisions to modify the loan; or
(d) performing other administrative services with respect to a student education loan including collection activities. “Student education loan servicing” does not include third-party student education loan modification services.

The Department of Financial Institutions is working on implementing E2SSB 6029, the Student Loan Bill of Rights, which amends the Consumer Loan Act, RCW 31.04. Student Education Loan Servicers will have licensing, examination and compliance obligations under the Consumer Loan Act.  See: E2SSB 6029

Student Education Loan Servicers must obtain a Consumer Loan License for the main office location and a Consumer Loan Branch License for any other locations servicing student education loans for Washington State Consumers. These applications are filed through the NMLS system.

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