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Plaintiff moves for Class Certification; Both sides move for Summary Judgment

Welcome to StudentLoanClassAction.com

On this webpage, you will find information about the action captioned "Brenda Kay Pfeiffer, on behalf of herself and all others similarly situated v. Margaret Spellings, in her official capacity as United States Secretary of Education, the United States Department of Education, and the United States of America". (The Complaint, filed on March 19, 2007, named as defendant Margaret Spellings, in her official capacity as U.S. Secretary of Education. Arne Duncan was sworn in as Secretary of Education, on January 20, 2009, and is therefore substituted in his official capacity for Ms. Spellings as a defendant in this case pursuant to Fed. R. Civ. P. 24 (d).

On March 19, 2007, Brenda Kay Pfeiffer initiated this lawsuit on behalf of herself and all others similarly situated. The Complaint alleges that the United States Department of Education improperly capitalized interest on consolidated student loans between the borrower’s June payment date and June 30th even though such interest is not due until the borrower’s July payment date. In the news clip appearing above, provided courtesy of Fox 9 News, reporter Dawn Stevens interviews Ms. Pfeiffer about the Complaint and her experiences with the Department of Education.

On November 14, 2008, the Court heard oral argument on the parties' cross motions for Summary Judgment. A copy of that transcript may be downloaded by clicking here. However, on March 16, 2009, the Court, requested a renewed round of consolidated briefing on Summary Judgment to be concluded by June 29, 2009. To see the consolidated briefing filed by the parties click here. The Court has deferred any ruling on Class Certification until it rules on the parties' motions on Summary Judgment.

The Pfeiffer v. Department of Education case is identified in the December/January 2008 issue of Minnesota Law & Politics as one of the "Lawsuits of the Year."