Teachers Union Sues Education Department Over PSLF Processing Delays
AFT files class action lawsuit challenging stalled loan buybacks and missing payment credits.
1Legal Action Initiated
The American Federation of Teachers filed Weingarten v. McMahon on October 30, 2026, in Washington, D.C. federal court. This proposed class action targets the U.S. Department of Education over persistent PSLF buyback delays. The suit seeks a court order to force loan cancellation for all borrowers who have met the program's requirements.
2Core Grievances Explained
The complaint addresses three distinct issues: stalled buyback requests, the sudden removal of previously credited months, and payments that failed to post since July 2026. Plaintiffs argue that the Department’s failure to process these items prevents eligible borrowers from finalizing their forgiveness applications, effectively trapping them in unnecessary, ongoing monthly repayment cycles.
3The Buyback Bottleneck
PSLF Buyback allows borrowers to pay for past deferment or forbearance months to reach the 120-payment threshold. However, processing times now average roughly two years. As of April 2026, the backlog reached approximately 88,000 borrowers, with duplicates accounting for about 19,000 of those cases, significantly complicating the Department's administrative processing timeline.
4Financial Impact Analysis
Delayed processing forces borrowers to continue making payments on loans that should already be forgiven. Because buyback costs are calculated based on historical income, waiting longer often results in higher financial burdens. For example, one plaintiff estimates his buyback cost at $8,400, whereas continuing payments at his current rate would cost $14,700.
5Erroneous Payment Reductions
The lawsuit highlights cases like that of Elizabeth Schoepflin, who had 14 months removed from her credit count in August 2026 despite no changes to her employment or repayment plan. This specific class of plaintiffs seeks the restoration of these credits, arguing that the Department’s administrative corrections were both inaccurate and unjustified.
6Administrative Procedure Claims
Plaintiffs allege that processing buyback requests is a ministerial task that the Department has failed to execute efficiently. The legal claims are grounded in the Administrative Procedure Act and the Fifth Amendment’s due process clause. The suit requests court-ordered forgiveness and attorney fees rather than seeking monetary damages for the affected borrowers.
7Historical Context of Litigation
This filing marks the AFT’s third lawsuit against the Department in under two years. Previous legal actions, including the 2019 Weingarten v. DeVos case, led to the creation of the current PSLF reconsideration process. The current complaint relies on backlog data generated by a previous March 2025 lawsuit regarding blocked repayment plans.
8Next Steps for Borrowers
Borrowers do not need to join the suit to protect their progress. Experts recommend documenting payment counts, saving screenshots of trackers, and filing PSLF Reconsideration requests if months were removed incorrectly. The Department must now answer the complaint, and the court will decide on class certification before any relief is granted.