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Showing posts with label AidVantage. Show all posts
Showing posts with label AidVantage. Show all posts

Tuesday, December 16, 2025

Pyrrhic Defeat and the Student Loan Portfolio: How a Managed Meltdown Enables Unauthorized Asset Sales

In classical history, a Pyrrhic victory refers to a win so costly that it undermines the very cause it was meant to advance. Less discussed, but increasingly relevant to modern governance, is the inverse strategy: the Pyrrhic defeat. In this model, short-term failure is tolerated—or even cultivated—because it enables outcomes that would otherwise be politically, legally, or institutionally impossible. When applied to public finance, pyrrhic defeat theory helps explain how the apparent collapse of a system can be leveraged to justify radical restructuring, privatization, or liquidation of public assets.

Nowhere is this framework more relevant than in the management of the federal student loan portfolio.

The federal student loan portfolio, totaling roughly $1.6 to $1.7 trillion, is not merely an accounting entry. It is one of the largest consumer credit systems in the world and functions simultaneously as a public policy tool, a long-term revenue stream, a data infrastructure, and a political liability. It shapes who can access higher education, how risk is distributed across generations, and how the federal government exerts leverage over the postsecondary sector. Precisely because of its scale and visibility, the portfolio is uniquely vulnerable to narrative reframing.

That vulnerability was not accidental. It was constructed over decades through a series of policy decisions that stripped borrowers of normal consumer protections while preserving the financial attractiveness of student debt as an asset. Chief among these decisions was the gradual removal of bankruptcy protections for student loans. By rendering student debt effectively nondischargeable except under the narrow and punitive “undue hardship” standard, lawmakers transformed education loans into a uniquely durable financial instrument. Unlike mortgages, credit cards, or medical debt, student loans could follow borrowers for life, enforced through wage garnishment, tax refund seizure, and Social Security offsets.

This transformation made student loans exceptionally attractive for securitization. Student Loan Asset-Backed Securities, or SLABS, flourished precisely because the underlying loans were shielded from traditional credit risk. Investors could rely not on educational outcomes or borrower prosperity, but on the legal certainty that the debt would remain collectible. Even during economic downturns, SLABS were marketed as relatively stable instruments, insulated from the discharge risks that plagued other forms of consumer credit.

Private banks once dominated this market. Sallie Mae, originally a government-sponsored enterprise, became a central player in both originating and securitizing student loans, while Navient emerged as a major servicer and asset manager. Yet as Higher Education Inquirer documented in early 2025, banks ultimately lost control of student lending. Rising defaults, public outrage, state enforcement actions, and mounting evidence of predatory practices made the sector politically radioactive. The federal government stepped in not as a reformer, but as a backstop, absorbing the portfolio and stabilizing a system private finance could no longer manage without reputational and regulatory risk.

That history reveals a recurring pattern. When student lending fails in private hands, it becomes public. When the public system is allowed to fail, it becomes ripe for re-privatization.

A portfolio does not need to collapse to be declared unmanageable. It only needs to appear dysfunctional enough to justify extraordinary intervention.

The post-pandemic repayment restart, persistent servicing failures, legal challenges to income-driven repayment plans, and widespread borrower confusion have all contributed to a growing narrative of systemic breakdown. Servicers such as Maximus, operating under the Aidvantage brand, MOHELA, and others have struggled to process payments accurately, manage forgiveness programs, and provide reliable customer service. These failures are often framed as bureaucratic incompetence rather than as predictable consequences of outsourcing public functions to private contractors whose incentives are misaligned with borrower welfare.

Navient’s exit from federal servicing did not mark a retreat from the student loan ecosystem so much as a repositioning, as it continued to benefit from private loan portfolios and legacy SLABS exposure. Sallie Mae, rebranded and fully privatized, remains deeply embedded in the private student loan market, which continues to rely on the same nondischargeability framework that props up federal lending.

Crucially, these servicing failures cannot be separated from the earlier elimination of bankruptcy as a safety valve. In normal credit markets, distress is resolved through restructuring or discharge. In student lending, distress accumulates. Borrowers remain trapped, servicers remain paid, and policymakers are confronted with a swelling mass of unresolved debt that can be labeled a crisis at any politically convenient moment.

Under pyrrhic defeat theory, such a crisis is not merely tolerated. It is useful.

Once the federal portfolio is framed as broken beyond repair, the range of acceptable solutions expands. What would be politically impossible in a stable system becomes plausible in an emergency. Asset transfers, securitization of federal loans, expansion of SLABS-like instruments backed by government guarantees, or long-term conveyance of servicing and collection rights can be presented as pragmatic fixes rather than ideological choices.

A Trump administration would be particularly well positioned to exploit this dynamic. Skeptical of debt relief, hostile to administrative governance, and ideologically aligned with privatization, such an administration could recast the portfolio as a failed public experiment inherited from predecessors. In that framing, selling or offloading the portfolio is not an abdication of responsibility but an act of fiscal discipline.

Importantly, this need not take the form of an explicit, congressionally authorized sale. Risk can be shifted through securitization. Revenue streams can be monetized. Servicing authority can be extended indefinitely to private firms. Data control can migrate outside public oversight. Over time, these steps amount to de facto privatization, even if the loans remain nominally federal. The infrastructure, incentives, and profits move outward, while the political blame remains with the state.

This is where earlier McKinsey & Company studies reenter the conversation. Long before the current turmoil, McKinsey analyses identified high servicing costs, fragmented contractor oversight, weak borrower segmentation, and low political returns on administrative complexity. While framed as efficiency critiques, these studies implicitly favored market-oriented restructuring. In a crisis environment, such recommendations become blueprints for divestment.

The danger of a pyrrhic defeat strategy is that it delivers a short-term political win at the cost of long-term public capacity. Selling or functionally privatizing the student loan portfolio may improve fiscal optics, but it permanently weakens democratic control over higher education finance. Borrowers, already stripped of bankruptcy protections, lose what remains of public accountability. Policymakers lose leverage over tuition inflation and institutional behavior. The federal government relinquishes a powerful counter-cyclical tool. What remains is a debt regime optimized for extraction, enforced by servicers, securitized for investors, and detached from educational outcomes.

The defeat is real. It is borne by students, families, and future generations. The victory belongs to those who acquire distressed public assets and those who benefit ideologically from shrinking the public sphere.

Pyrrhic defeat theory reminds us that collapse is not always accidental. In the case of the federal student loan portfolio, what appears to be dysfunction or incompetence may instead be strategic surrender: a willingness to let a public system deteriorate so that it can be sold off, securitized, or outsourced under the banner of necessity. If that happens, it will not be remembered as a policy error, but as a deliberate transfer of public wealth and power—made possible by decades of legal engineering that began when bankruptcy protection was taken away and ended with student debt transformed into a permanent financial asset.


Sources

Higher Education Inquirer. “When Banks Lost Control of Student Loan Lending.” January 2025.
https://www.highereducationinquirer.org/2025/01/when-banks-lost-control-of-student-loan.html

U.S. Department of Education, Federal Student Aid. FY 2024 Annual Agency Performance Report. January 13, 2025.

U.S. Department of Education, Federal Student Aid. Federal Student Loan Portfolio Data and Statistics, various years.

Government Accountability Office. Student Loans: Key Weaknesses in Servicing and Oversight, multiple reports.

Congressional Budget Office. The Federal Student Loan Portfolio: Budgetary Costs and Policy Options.

U.S. Congress. Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and prior amendments affecting student loan dischargeability.

Pardo, Rafael I., and Michelle R. Lacey. “The Real Student-Loan Scandal: Undue Hardship Discharge Litigation.” American Bankruptcy Law Journal.

Financial Crisis Inquiry Commission materials on asset-backed securities and consumer credit markets.

McKinsey & Company. Student Loan Servicing, Portfolio Optimization, and Risk Management Analyses, prepared for federal agencies and financial institutions, 2010s–early 2020s.

Higher Education Inquirer archives on SLABS, servicers, privatization, deregulation, and student loan policy.

Monday, December 1, 2025

Is the Federal Trade Commission FOIA program still in operation?

In light of recent developments at the Federal Trade Commission under the current administration — including staffing reductions and a temporary 2025 government shutdown — many observers and researchers are questioning whether the FTC’s Freedom of Information Act (FOIA) program is still functioning. The answer remains: yes — the FOIA program is still formally operational, but its capacity and responsiveness appear diminished under current conditions.

The FTC continues to administer FOIA through its Office of General Counsel (OGC), which processes all FOIA requests. As of the 2024 fiscal year, the FTC’s FOIA Unit comprised four attorneys, five government-information specialists, and one paralegal, with occasional support from contractors and other staff. In that year, the agency processed 1,919 requests (and 29 appeals), up from 1,812 in 2023. The agency’s publicly available “FOIA Handbook,” last updated in April 2025, continues to outline how requests should be submitted, what records are on the public record, and how exemptions are applied.

The FTC’s website still provides instructions for submitting a FOIA request via its online portal, email, fax, or mail. That means requests remain legally eligible — including those related to for-profit colleges, student loan servicers, institutional behavior, complaints, or decision-making memos.

However, HEI’s own experience in 2025 highlights some of the challenges with the FTC’s current FOIA responsiveness. In January 2025, we submitted a FOIA request asking for a record of complaints against the University of Phoenixbut have no record of a response. In August 2025 we did receive a substantive response related to complaints regarding a student loan company, but the number of complaints appeared lower than we expected. On November 30, 2025, we received an automated response to our FOIA request about AidVantage, a student loan servicer and subsidiary of Maximus. While we did receive a reply, it reflected a stale message stating they would respond after the government reopened — even though the government had reopened on November 13.

These examples illustrate that while FOIA is formally operational, actual responsiveness has deteriorated. For years, HEI had a good relationship with the FTC, obtaining critical information for a number of investigations in a timely manner. It remains to be seen whether that reliability can be restored.

Compounding the issue are broader staffing and operational changes at the FTC. In testimony before Congress in May 2025, FTC Chair Andrew N. Ferguson reported that the agency began FY 2025 with about 1,315 personnel but had reduced to 1,221 full-time staff, with plans to potentially reduce further to around 1,100 — the lowest level in a decade. These staffing reductions coincide with scaled-back discretionary activities, such as rulemaking, public guidance publishing, and outreach. During the October 2025 lapse in government funding, the FTC announced that FOIA requests could still be submitted but would not be processed until appropriations resumed.

For researchers, journalists, and advocates — including those pursuing records related to for-profit colleges, student loan servicers, regulatory decisions, or historical investigations — FOIA remains a legally viable tool. The path is open, though response times are slower, staff resources are constrained, and releases may be more limited, especially for sensitive or exempt material.

Sources

Congressional budget testimony on FTC staffing and budget: https://www.congress.gov/119/meeting/house/118225/witnesses/HHRG-119-AP23-Wstate-FergusonA-20250515.pdf

FTC FOIA Handbook (April 2025): https://www.ftc.gov/system/files/ftc_gov/pdf/FOIA-Handbook-April-2025.pdf

FTC 2024 Chief FOIA Officer Report (staffing, request volume): https://www.ftc.gov/system/files/ftc_gov/pdf/chief-foia-officer-report-fy2024.pdf

FTC website instructions for submitting FOIA requests: https://www.ftc.gov/foia/make-foia-request

FTC 2025 shutdown plan showing FOIA processing paused during funding lapse: https://www.ftc.gov/ftc-is-closed

Reporting on FTC removal of business-guidance blogs in 2025: https://www.wired.com/story/federal-trade-commission-removed-blogs-critical-of-ai-amazon-microsoft/

Monday, June 30, 2025

Will Maximus and Its Subsidiary AidVantage See Cuts?

Maximus Inc., the parent company of federal student loan servicer Aidvantage, is facing growing financial and existential threats as the Trump administration completes a radical budget proposal that would slash Medicaid by hundreds of billions of dollars and cut the U.S. Department of Education in half. These proposed changes could gut the very federal contracts that have fueled Maximus's revenue and investor confidence over the last two decades. Once seen as a steady player in the outsourcing of public services, Maximus now stands at the edge of a political and technological cliff.

The proposed Trump budget includes a plan to eliminate the Office of Federal Student Aid and transfer the $1.6 trillion federal student loan portfolio to the Small Business Administration. This proposed restructuring would remove Aidvantage and other servicers from their current roles, replacing them with yet-unnamed alternatives. While Maximus has profited enormously from servicing loans through Aidvantage—one of the major federal loan servicers—it is unclear whether the company has any role in this new Trump-led student loan regime. The SBA, which lacks experience managing consumer lending and repayment infrastructure, could subcontract to politically favored firms or simply allow artificial intelligence to replace human collectors altogether.

This possibility is not far-fetched. A 2023 study by Yale Insights explored how AI systems are already outperforming human debt collectors in efficiency, compliance, and scalability. The report examined the growing use of bots to handle borrower communication, account resolution, and payment tracking. These developments could render Maximus’s human-heavy servicing model obsolete. If the federal government shifts toward automated collection, it could bypass Maximus entirely, either through privatized tech-driven firms or through internal platforms that require fewer labor-intensive contracts.

On the health and human services side of the business, Maximus is also exposed. The company has long served as a contractor for Medicaid programs across several states, managing call centers and eligibility support. But with Medicaid facing potentially devastating cuts in the proposed Trump budget, Maximus’s largest and most stable contracts could disappear. The company’s TES-RCM division has already shown signs of unraveling, with anonymous reports suggesting a steep drop-off in clients and the departure of long-time employees. One insider claimed, “Customers are dropping like flies as are longtime employees. Not enough people to do the little work we have.”

Remote Maximus employees are also reporting layoffs and instability, particularly in Iowa, where 34 remote workers were terminated after two decades of contract work on state Medicaid programs. Anxiety is spreading across internal forums and layoff boards, as workers fear they may soon be out of a job in a shrinking and increasingly automated industry. Posts on TheLayoff.com and in investor forums indicate growing unease about the company’s long-term viability, particularly in light of the federal budget priorities now taking shape in Washington.

While Maximus stock (MMS) continues to trade with relative strength and still appears profitable on paper, it is increasingly reliant on government spending that may no longer exist under a Trump administration intent on dismantling large parts of the federal bureaucracy. If student loan servicing is eliminated, transferred, or automated, and Medicaid contracts dry up due to funding cuts, Maximus could lose two of its biggest revenue streams in a matter of months. The company’s contract with the Department of Education, once seen as a long-term asset, may become a political liability in a system being restructured to reward loyalty and reduce regulatory oversight.

The question now is not whether Maximus will be forced to downsize—it already is—but whether it will remain a relevant player in the new federal landscape at all. As artificial intelligence, austerity, and ideological realignment converge, Maximus may be remembered less for its dominance and more for how quickly it became unnecessary.

The Higher Education Inquirer will continue tracking developments affecting federal student loan servicers, government contractors, and the broader collapse of the administrative state.

Thursday, December 12, 2024

Maximus AidVantage Contracts with the US Department of Education Publicly Available

The Higher Education Inquirer has received all the current contracts between the US Department of Education and Maximus/AidVantage through a Freedom of Information Act (FOIA) request. Maximus serves millions of student loan debtors and has faced increased scrutiny (and loss of revenues) for not fulfilling their duties on time. 

The FOIA response (23-01436-F) consists of a zip file of 998 pages in 5 separate files. HEI is sharing this information with any news outlet or organization for free, however we would appreciate an acknowledgement of the source. 

We have already reached out to a number of organizations, including the Student Borrower Protection Center, the Debt Collective, the Project on Predatory Lending, the NY Times, ProPublica, and Democracy Now!  We have also posted this article at the r/BorrowerDefense subreddit