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Moore Kuehn defeats motion to dismiss in federal student loan class action

In January 2018, Moore Kuehn filed a class action lawsuit against student loan servicer Conduent Education Services f/k/a ACS.  The complaint alleges that ACS had a systemic and long history of failing to certify loan balances when borrowers sought consolidation.  As a result, student borrowers’ federal direct consolidation loan applications were improperly and wrongfully denied, delayed, or had loans removed.  The complaint includes claims for violations of New York General Business Law § 349, negligence, and breach of contract.

Defendants filed a motion to dismiss.  On March 29, 2019, the motion to dismiss was denied.  In a 19-page decision the Federal District Court Judge, David N. Hurn, denied the motion in full and upheld all counts of plaintiff’s complaint. If you have student loans or other loans that are being improperly serviced in violation of statutes or other common laws, Moore Kuehn can help.  Please contact attorney Justin Kuehn at jkuehn@moorekuehn.com.

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