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CHAE v. SLM CORP.

No. 08-56154.

593 F.3d 936 (2010)

Ann CHAE, Individually and On Behalf of All Others Similarly Situated; William Coakley, Individually and On Behalf of All Others Similarly Situated; Hoon Koo, Individually and On Behalf of All Others Similarly Situated; Carlos A. Pineda, Individually and On Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. SLM CORPORATION, d/b/a Sallie Mae; Sallie Mae Servicing Corporation; Sallie Mae, Inc., Defendants-Appellees, and United States of America, Plaintiff-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2010.

Attorney(s) appearing for the Case

William J. Genego (argued), Nasatir, Hirsch, Podberesky & Genego, Santa Monica, CA; Michael D. Braun, Braun Law Group, P.C., Los Angeles, CA; Andrew Friedman and Victoria Nugent, Cohen, Milstein, Sellers & Troll, Washington, DC, for the plaintiffs-appellants.

S. Dawn Scaniffe, Mark B. Stern and Sydney Foster (argued), Department of Justice, Washington, DC, for the plaintiff-intervenor-appellee.

Julia B. Strickland (argued), Lisa M. Simonetti, and David W. Moon, Stroock & Stroock & Lavan LLP, Los Angeles, CA, for the defendants-appellees.

Before: RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and WILLIAM T. HART, District Judge.

GOULD, Circuit Judge:

Appellants urge error in the district court's grant of summary judgment rejecting student borrowers' claims that challenge loan servicer methods of calculating interest, assessing late fees and setting the repayment start date on their loans. We must determine the preemptive scope of the statutes and regulations governing lenders and third-party loan servicers under the Federal Family Education Loan Program of the Higher Education Act. We conclude...

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