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This entry was published on 2025-02-21
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SECTION 901
Definitions
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 9
§ 901. Definitions. As used in this article:

1. "Higher education" means higher education or career education, as
those terms are defined in section two of the education law, via
correspondence, online, or in person, regardless of whether the provider
of such higher education is located within New York state.

2. "Higher education expense" means any expense that is incurred by a
consumer arising from higher education.

3. "Student loan servicer" has the same meaning as such term is
defined in subdivision six of section seven hundred ten of the banking
law.

4. "Private education creditor" means any person engaged in the
business of extending a private education debt.

5. "Private education debt" means an extension of credit to or debt or
obligation owed or incurred by a consumer, contractual or otherwise,
that:

(a) is not made, insured, or guaranteed under Title IV of the Higher
Education Act of 1965 (20 U.S.C. s.1070 et seq.);

(b) is extended to a consumer expressly, in whole or in part, for, or
accrues from nonpayment of, higher education expenses, regardless of
whether the credit or debt or obligation is owed to a provider of higher
education; and

(c) is not a loan that is secured by real property or a dwelling.

"Private education debt" shall include extensions of credit or debt or
obligations owed or incurred to refinance a private education debt.

6. "Provider of higher education" means a person engaged in providing
or offering to provide higher education.