A company with a significant student loan refinancing business is suing the federal government to end its moratorium on federal student loan payments, calling it “an illegal overreach of power.”

SoFi filed its suit in U.S. District Court in the District of Columbia late last week. The 32-page filing appears to be one of the first efforts to end the payment pause through litigation.

Federal student loan payments have been paused for roughly 43.5 million borrowers since March 2020, at the onset of the pandemic. The Education Department under presidents Donald Trump and Joe Biden have extended the pause multiple times. 

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The current pause, which costs the federal government about $5 billion per month, could last through August, but that depends on when the Supreme Court issues its verdict on Biden’s mass student loan forgiveness plan. 

“The payment pause is legal,” an Education Department spokesperson said, “as is our plan to provide one-time debt relief to tens of millions of borrowers most at risk of delinquency and default when they return to repayment.”

Biden has attempted to cancel student loan debt and extended the moratorium via a 2003 law that lets the education secretary waive or modify student loan payments in times of a national emergency. As part of the moratorium, the federal government set interest rates at zero percent and instructed collection agencies to stop their attempts to collect on overdue debts. 

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