Nelnet Claims Derivative Immunity From Google Data Tracker Suit

Nelnet Servicing LLC is seeking to ditch a proposed class action over the student loan servicer’s use of Google Analytics, arguing it’s immune from liability because the federal government requires the company to use the tools.

The US Education Department mandates Nelnet’s use of the Google tool on its website in order to comply with borrower data-reporting requirements in the Higher Education Act. The law requires the creation of a “National Student Loan Data System” that tracks borrowers’ finances and defaults.

As such, Nelnet lacks discretion over whether to use Google Analytics, and so has derivative sovereign immunity, the company ...