Appeals court upholds student loan settlement for defrauded borrowers

A federal appeals court has allowed the Sweet v. McMahon settlement to proceed, putting hundreds of thousands of defrauded student borrowers in line for loan cancellation — though sources disagree on the scale.

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A federal appeals court upheld the Sweet v. McMahon settlement, clearing the way for federal student loan cancellation for borrowers defrauded by their colleges. Reports put the number of affected borrowers between roughly 450,000 and 500,000, with the settlement valued at approximately $23 billion.

A federal appeals court has rejected a challenge to a settlement over student loan forgiveness for defrauded borrowers, allowing the agreement — known as Sweet v. McMahon — to proceed. The ruling requires the Education Department to continue discharging federal student loans under the settlement, ending a legal fight that had tied up the case for years. The settlement covers borrowers who said they were defrauded by their colleges, many of them for-profit schools, and who filed claims through the federal Borrower Defense to Repayment program. That regulation, dating to 1994, permits loan forgiveness when a borrower can show their school defrauded them. The legal organization representing the class describes the agreement as the largest class-action settlement ever reached with the U.S. federal government. The stakes are significant, though the numbers vary by source. Reports put the affected borrowers at roughly 450,000 to 500,000, with the settlement's value cited at approximately $23 billion, according to some coverage. The Education Department has also announced cancellation for an additional 170,000 borrowers.

Appeals court clears the Sweet v. McMahon settlement to proceed

A federal appeals court has rejected a challenge to the settlement in Sweet v. McMahon, the long-running class-action case brought by student borrowers who say their colleges defrauded them. The decision allows the agreement to proceed and requires the U.S. Department of Education to continue discharging federal student loans under its terms.

According to reports, the court went further, rejecting the Education Department's request to postpone its deadline for processing outstanding borrower defense claims. Reports also indicate that, following the decision, the department is required to cancel student debt for an additional 170,000 borrowers who said they were defrauded by for-profit schools.

The lawsuit, brought by borrowers who had filed claims through the federal borrower defense program, had been tied up in court for years before the settlement was reached. The legal organization representing the class members has described the agreement as the largest class-action settlement ever reached with the U.S. federal government.

What the numbers say — and where they disagree

The figures attached to this settlement do not line up cleanly, and the sources behind them disagree. Some reports put the number of defrauded borrowers in line for federal loan erasure at about 450,000; others say roughly 500,000 borrowers are covered by the settlement's discharge requirement. The settlement itself has been valued at approximately $23 billion, yet one report describes the court ruling as clearing roughly $11 billion in forgiveness. Separately, more than 170,000 borrowers are said to be set for full cancellation, with the Education Department announcing an additional 170,000 cancellations tied to the court's decision.

How these numbers relate is not yet established. They may be overlapping subsets of the same agreement, or separate actions counted differently by different outlets. Until that is clarified, each figure should be read on its own terms.

About 450,000
Borrowers defrauded by colleges in line for federal loan erasure
Approximately $23 billion
Settlement value
More than 170,000
Borrowers set to have debt fully cancelled
Roughly 500,000
Borrowers covered by settlement requiring loan discharges
1994
Year Borrower Defense to Repayment regulation dates to
Roughly $11 billion
Student loan forgiveness cleared by court ruling

A borrower defense rule from 1994 and years of litigation

At the heart of the dispute sits Borrower Defense to Repayment, a federal regulation dating to 1994 that permits the government to cancel student loans when a borrower can show the school they attended defrauded them. The rule has faced repeated court challenges over the years, and claims filed under it have often languished without resolution.

The current case grew out of that backlog. Borrowers who said they were defrauded by for-profit schools, and who had submitted claims through the borrower defense program, brought a class-action lawsuit seeking to have their federal loans erased. The case, later known as Sweet v. McMahon, became tied up in court for years before the parties reached a settlement. The legal organization representing the class members describes the agreement as the largest class-action settlement ever reached with the U.S. federal government.

What borrowers can expect now

The Education Department must now continue discharging federal student loans under the settlement and keep processing outstanding borrower defense claims. The appeals court rejected the department's request to postpone its deadline for handling those claims, according to reports. What remains unclear is when affected borrowers will actually see their balances erased; no timeline for the discharges has been given.

The Student Borrower Protection Center, a nonprofit advocacy group for student loan borrowers, has featured in coverage of the case.

Separately, borrowers face a reported concern beyond the settlement: recent changes to the federal student loan repayment system could raise costs for married couples through a steeper so-called marriage penalty.

Frequently asked questions

What did the appeals court decide in the student loan settlement case?

A federal appeals court rejected a challenge to the Sweet v. McMahon settlement, allowing the agreement to proceed. The court required the Education Department to continue discharging federal student loans for borrowers who said they were defrauded by their colleges, ending a legal fight that had been tied up in court for years.

How many borrowers will get their student loans forgiven under the settlement?

Reports differ. Some coverage says about 450,000 borrowers who said they were defrauded are in line for loan erasure, while other reporting puts the number covered by the settlement at roughly 500,000. Separately, more than 170,000 borrowers are set to have their debt fully cancelled. How these figures overlap is not clear from available reporting.

How much is the Sweet v. McMahon student loan settlement worth?

The settlement has been valued at approximately $23 billion, according to reports describing it as the largest class-action settlement in American history. However, other coverage of the court ruling cited roughly $11 billion in student loan forgiveness being cleared. Whether those figures represent overlapping parts of the same agreement or separate actions has not been explained.

What is Borrower Defense to Repayment?

Borrower Defense to Repayment is a U.S. federal regulation, dating to 1994, that permits loan forgiveness when a borrower can show the school they attended defrauded them. It has faced repeated court challenges. The borrowers in the Sweet v. McMahon case submitted claims through this program, many involving for-profit schools.

What is the Sweet v. McMahon case about?

Sweet v. McMahon is a class-action lawsuit brought by borrowers who filed claims through the federal borrower defense program, saying they were defrauded by their colleges, many of them for-profit schools. The case was tied up in court for years before a settlement was reached. The legal organization representing class members describes it as the largest class-action settlement ever reached with the U.S. federal government.

Compiled from reporting by 9 independent outlets. How we source our reporting.

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