(NewsNation) — Senate Democrats are concerned Elon Musk’s Department of Government Efficiency may have illegally accessed federal student loan data, but that doesn’t mean borrowers will see their loans forgiven, as some on TikTok have claimed.
In a letter sent to the acting education secretary Friday, a group of Democratic lawmakers demanded answers about DOGE’s access to systems that contain sensitive information for millions of student loan borrowers.
“It is not at all clear that DOGE officials meet the strict criteria that would allow them to access this sensitive information protected by federal law,” the letter said.
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That same day, a federal lawsuit was filed on behalf of the University of California Student Association. It’s seeking to block DOGE’s access to student financial aid systems, arguing that Musk’s team could now have access to Social Security numbers, driver’s license numbers, dates of birth and contact information for student loan borrowers.
Some on social media have wrongly claimed that if Musk and his team illegally accessed the data, then those with student loans can get them “erased” under the Family Educational Rights and Privacy Act (FERPA).
In one viral video, a TikTok user claims Musk violated the FERPA policy and urged student loan borrowers to “go get it forgiven, go get it forgiven in full.”
“You better be calling your student aid office letting them know what went down and that you don’t feel comfortable paying for that anymore because you don’t have to,” a user named Paris Lorren said in a video.
The video had been viewed over 4.5 million times as of Monday evening.
Other TikTokers were quick to circulate the claim in videos of their own, but those hoping for a FERPA-related loan reprieve are likely to be disappointed.
What is FERPA, and can you get your student loans forgiven?
The Family Educational Rights and Privacy Act (FERPA), enacted in 1974, is a federal law that broadly prohibits educational institutions from releasing students’ school records without their or their parent’s consent. Schools that don’t comply with FERPA risk losing federal funding.
But that doesn’t mean your student loans will be forgiven if Musk and DOGE violated FERPA.
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In 2002, the U.S. Supreme Court ruled that parents and students can’t sue for damages to enforce provisions of FERPA, according to the National Center for Education Statistics (NCES).
In legal terms, that means individuals don’t have a private right of action to bring a lawsuit against a school if they think their education records have been released improperly.
In other words, filing a lawsuit to get your student loans canceled under FERPA is unlikely to go anywhere.
What are the consequences of violating FERPA?
The only remedy for a FERPA violation is through a Department of Education enforcement action, which students and parents can request by filling out a FERPA complaint form online or by calling (202) 260-3887, according to the Student Press Law Center.
The Education Department, which is now managed by President Donald Trump’s appointees, is responsible for investigating the claims and enforcing a penalty.
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Even if there is a violation, it won’t result in payments or loan relief for students or parents.
If a school violates FERPA — and doesn’t solve the problem — the main penalty they face is a loss of federal funding.
The Student Press Law Center notes that the Department of Education has never imposed a financial penalty on anyone for a FERPA violation.
If a third party misuses education records, the school can restrict their access to the information for at least 5 years, according to the NCES.
The Associated Press contributed to this report.
