California Code of Regulations
Title 10 - Investment
Chapter 3 - Commissioner of Financial Protection and Innovation
Subchapter 15 - Student Loan Servicing Act
Article 5 - Borrower Protections
Section 2040.5 - Qualified Written Requests

Universal Citation: 10 CA Code of Regs 2040.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A servicer is only required to send an acknowledgment of receipt of a "Qualified Written Request," within ten business days of receipt, if the action requested by the borrower has not been taken within ten business days of receipt of the Qualified Written Request. Acknowledgments of receipt and responses to Qualified Written Requests must be in writing, sent by the preferred method of communication indicated by the borrower (email, or regular mail through the United States Postal Service). If the borrower has not indicated a preferred method of communication, the servicer shall send the acknowledgment of receipt and responses to Qualified Written Requests by regular mail, through the United States Postal Service, to the borrower's last known mailing address on record and to all email address(es) the servicer has on record for the borrower.

(b) Servicers may designate a specific electronic address to which Qualified Written Requests must be sent. Servicers may also designate a specific physical address to which Qualified Written Requests must be sent. A servicer that designates a specific address or addresses for receipt of Qualified Written Requests must post the designated address(es) on the servicer's website.

(c) A servicer is only required to send a borrower a total of three notices stating that there will be no response to a "Qualified Written Request," because the borrower has previously submitted the same request, received a response, and provided no new information in its subsequent, duplicative Qualified Written Request.

Note: Authority cited: Section 1788.103, Civil Code; and Section 28106, Financial Code. Reference: Sections 1788.100 and 1788.102, Civil Code; and Section 28132, Financial Code.

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