United States Second Circuit

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Salazar v. King, 15-832

In a putative class action brought by former students of a for‐profit beauty schools against the Department of Education (DOE), claiming that the school fraudulently certified their eligibility for federal student loans, and alleging that, despite regulations that require the DOE to temporarily suspend the collection of loans and notify borrowers of their discharge rights when a borrower 'may be eligible for a discharge' because of a school's fraudulent certification of the student's eligibility to borrow, the DOE arbitrarily and capriciously refused to provide this relief to the putative class members, the District Court's dismissal of the action and denial of plaintiffs’ request for class certification as moot are vacated where: 1) there is sufficient law to apply; and 2) the challenged decisions of the DOE were final.

Appellate Information

  • Decided
  • Published 2016/05/12

Judges

  • LYNCH

Court

  • United States Second Circuit

Counsel