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DAVID C. SHONKA

Acting General Counsel

SARAH SCHROEDER, Cal. Bar No. 221528 

ROBERTA TONELLI, Cal. Bar No. 278738 

EVAN ROSE, Cal. Bar No. 253478 

Federal Trade Commission

901 Market Street, Suite 570 

San Francisco, CA 94103 

sschroeder@ftc.gov, rtonelli@ftc.gov, erose@ftc.gov

Tel: (415) 848-5100; Fax: (415) 848-5184 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

FEDERAL TRADE COMMISSION, 

 Plaintiff,

 vs. 

AMERICAN FINANCIAL BENEFITS 

CENTER, a corporation, also d/b/a AFB and AF 

STUDENT SERVICES; 

AMERITECH FINANCIAL, a corporation; 

 

FINANCIAL EDUCATION BENEFITS 

CENTER, a corporation; and

BRANDON DEMOND FRERE, individually 

and as an officer of AMERICAN FINANCIAL 

BENEFITS CENTER, AMERITECH 

FINANCIAL, and FINANCIAL EDUCATION 

BENEFITS CENTER,

 

 Defendants. 

 

Case No. 4:18-cv-00806-SBA

DECLARATION OF SEAN 

EMERSON IN SUPPORT OF 

FEDERAL TRADE COMMISSION’S 

MOTION FOR PRELIMINARY 

INJUNCTION

Case 4:18-cv-00806-SBA Document 31 Filed 03/02/18 Page 1 of 5

DECLARATION OF SEAN EMERSON IN SUPPORT OF FEDERAL TRADE 

COMMISSION’S MOTION FOR PRELIMINARY INJUNCTION

 4:18-CV-00806-SBA
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DECLARATION OF SEAN EMERSON 

1. My name is Sean Emerson. I reside in Warr Acres, Oklahoma. The following 

statements are within my personal knowledge and if called as a witness I could and would 

competently testify thereto. 

2. In 2004, I graduated from the University of Oklahoma with a Bachelor of Arts in 

Journalism and Mass Communications. In 2016, I earned a Master of Business Administration 

from the University of Oklahoma Price College of Business. I now run my own business, 

Emerson Land Acquisition, LLC. 

3. In December 2013, I received a solicitation by mail from American Financial 

Benefits Center ("AFBC"), which stated that the company could assist me in lowering my 

monthly student loan payment. When I received the mailer, I owed approximately $50,000 in 

federal student loans. 

4. When I received the AFBC mailer, my gut told me to be skeptical of the offer. I 

wish that I had listened to it. But, when you are in need, you are more vulnerable. 

5. I called the phone number on the AFBC mailer on January 8, 2014 and spoke with

an AFBC agent named Patty Fagalde. 

6. After talking with Ms. Fagalde, I understood that AFBC was offering services to 

obtain approval on my behalf from my loan servicer, American Education Services ("AES"), for 

the Department of Education's Income Based Repayment ("IBR") program. At the time, I was 

not aware that new federal law allowed student borrowers to access these programs on their own. 

7. During the call, I inquired multiple times whether I would be reported past due to 

the credit bureaus if I stopped making my normal payments to AES until the application was 

processed. Ms. Fagalde assured me time and time again that I would be placed in forbearance on 

that same day and would remain in forbearance until the application process was finalized, so I 

would not need to make any further payments to AES until the IBR program application was 

processed. She further assured me that no negative reporting would take place to my credit 

bureaus during that time. 

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Emerson Declaration - Page 1 

Case 4:18-cv-00806-SBA Document 31 Filed 03/02/18 Page 2 of 5
1 8. I recall that Ms. Fagalde also discussed my family size for my IBR application. 

She gave me what seemed like a pretty liberal interpretation of who was a "family member" for 

the purpose of the application - she told me that ifl had friends living with me, or even just 

staying with me for a while, that would count as a family member. 

9. Because Ms. Fagalde told me that AFBC could substantially lower my student 

loan payments and would place my account into forbearance immediately while they applied for 

the IBR program on my behalf, I went ahead and signed a contract with AFBC. 

10. Ms. Fagalde collected my banking information. I understood from our 

conversation that AFBC would be taking money from my account and then using that money to 

pay my loan servicer. 

11. I completed a form giving AFBC power of attorney with regard to my 

relationship with AES. Ms. Fagalde told me not to call AES. She assured me that AFBC would 

take care of my loans and would let my loan servicer know that I was working with AFBC. 

12. AFBC sent me numerous documents via email and instructed me to sign them 

electronically through a program called DocuSign. Ms. Fagalde had me go through the contract 

documents while I was on the phone with her. She indicated that completing these forms was 

urgent - she said it took 30 days to get the loan changes in place, so they needed to get the 

process started as quickly as possible. A true and correct copy of the material AFBC sent me, 

with my personal information redacted, is attached as Emerson Attachment A. 

13. I completed and returned the documents that AFBC sent me. I also sent AFBC all 

other requested documentation. 

14. Months after I signed up with AFBC, I received a communication from AES 

alerting me that my loan payments were 60 days past due. AFBC had not put my loan into 

forbearance, as they had promised. I checked my credit report and, sure enough, AES had 

reported me as 60 days past due on my student loan payments. 

15. I contacted AFBC immediately and its agents indicated that they were taking care 

of the situation. They assured me that once their process was complete, the credit reporting 

would be removed. The agent eventually transferred me to the president of AFBC. The 

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Emerson Declaration - Page 2 

Case 4:18-cv-00806-SBA Document 31 Filed 03/02/18 Page 3 of 5
1 president, whose name I believe is Brandon Frere, was very vague in his responses to my 

questions about why my loan had not been put in forbearance. Only once I suggested that I was 

considering taking legal action against AFBC did Mr. Frere agree to help me. 

16. The AFBC agents conferenced me in on a call with someone who was supposedly

a representative of AES. The supposed AES representative assured me that the credit reporting 

would eventually be removed. In hindsight, I now believe the call was an elaborate fake and that

the person posing as an AES customer service representative was actually an AFBC employee. I

am not sure whether AFBC otherwise contacted AES on my behalf, though it is possible. 

17. I was determined to get AES to remove the late payment marks - I must have 

called AES a hundred times to advocate for myself. I worked with AES directly to apply for the 

IBR program. Eventually, AES placed me in forbearance retroactively, from November 2013 

through March 2014. However, AES would not initially undo the late payment reporting to the 

credit bureaus, as they stated that the credit reporting took place prior to them approving the 

forbearance and, as such, the reporting was accurate at that time. Prior to these past due reports, 

I had not been reported past due by AES for well over two or three years. I would have never 

stopped making payments if I had known in any way that I would jeopardize my credit score. 

18. AES reported my loan payments as 60, and then eventually 90, days past due to 

the major credit bureaus. This negatively affected my credit score. This was especially harmful 

to my credit-worthiness because I had been pre-qualified for a mortgage prior to these negative 

reports and was planning on starting construction under a builder's credit line shortly thereafter. 

I was very concerned that these negative marks would prevent me from closing when my home 

was finished. I believe the late payments to AES affected my credit score for months to come, if

not longer. Around June or July 2014, after I called AES countless times, they finally removed 

the negative marks from my credit score. 

19. It turns out that AFBC never deducted any money out of my account, but they 

also apparently had not done any work on my behalf, as they had promised. 

20. Shortly after AES placed me in forbearance, around March or April 2014, I wrote 

down my experience with AFBC and my struggle to have the late payment removed from my 

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Emerson Declaration - Page 3 

Case 4:18-cv-00806-SBA Document 31 Filed 03/02/18 Page 4 of 5
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credit score. A true and correct copy of my written record of my experience is attached as 

Emerson Attachment B. 

21. I declare under penalty of perjury that the foregoing is true and correct. Executed 

on 2017 in Warr Acres, 

Sean Emerson 

Declarant 

/4JCt~ , ~L&~. ~::=t:L.J.~~--

Emerson Declaration - Page 4 

Case 4:18-cv-00806-SBA Document 31 Filed 03/02/18 Page 5 of 5
Emerson Attachment A

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 1 of 20
DocuSign Envelope ID: 

Income-Based (IBR) / Pay As You Earn / Income-Contingent (ICR) Repayment Plan Request 0MB No. 1845-0102 

William D. Ford Federal Direct Loan (Direct Loan) Program I Federal Family Education Loan (FFEL) Program Form Approved 

Exp. Date 11.J0.2015 

Use this form to (1) request an available repayment plan based on your income, (2) provide the required infonnalion for the annual reevaluation ~----

of your payment amount under one of these plans, or (3) request that your loan holder recalrulate your monlhly payment amount. 

WARNING: Any person who knowingly makes a false statement or misrepresentafion on this fonn or on any aa:ompanying dorument is subject to penalties that may include fines, 

imprisonment or both, under the U.S. Criminal Code and 20 U.S.C. 1097. 

~ 

IBRIPAYE/ICR 

I SECTTON 1: BORROWER IDENTTFICA TION 

Please enter or 

.

correct 

if _J_J the followany of you

-

ing 

r •

information. 

D Check this box information has changed. 

SSN J_J - . _._I ---'------' 

Name Sean Emerson 

Address 

City, State, Zip Code Oklahoma "' :••

City, OK

----

- =2 ____ _ 

Telephone - Primary 

Telephone - Alternate 

I 

E-mail Address (Optional) 

SECTTON 2: REPAYMENT PLAN REQUEST 

Before completing this form, carefully read the entire form, particularly Sections 7, 8, and 9. Type or print using dark ink. If you need help completing 

this form, contact your loan holder(s). Return the completed form and any required documentation to the address shown in Section 10. You may be 

able to complete your request online by visiting studentloans.gov. Information about repayment plans and calculators are available at studentaid.gov. 

Other repayment plans. such as extended or graduated, may be available and may offer a lower monthly payment amount. In addition, payment under the IBR. 

Pay As You Earn. or ICR plans may result in your paying more interest over time and may result in federal income tax liability on any loan amount that is forgiven 

under these plans. 

1. Please select the reason that you are completing this request by checking box a, b, or c, below. 

a. Cl I am requesting a repayment plan based on my income - Check the plan(s) you are requesting below and then continue to item 2. 

Direct Loan Program Loans• FFEL Program Loans• 

IBR lv l 

Pav As You Earn 

• 

• Not Available 

ICR • Not Available 

I request that my loan holder determine which of the 

above plans I am eligible for, and place me on the Only IBR will be considered • for FFEL Program loans plan with the lowest monthly payment amount. 

• Not all loan types under the FFEL and Direct Loan Programs are eligible for these plans (see Section 8). 

For Direct Loan borrowers. your request will apply to all of your loans that are eligible for the plan you choose. For FFEL borrowers, 

you can exclude eligible loans if you request IBR prior to July 1, 2013. If you are a FFEL borrower and request IBR on or after July 

1. 2013, you must repay all loans eligible for IBR under that plan. For all borrowers, you will need to choose a different repayment 

plan for loans that are not eligible for a repayment plan based on income or they will be placed on the standard repayment plan. 

b. D I am submitting annual documentation for the recalculation of my monthly payment amount under my current repayment plan - Continue to item 2. 

c. Kl I am requesting that my loan holder recalculate my current monthly payment amount because my circumstances have changed - Continue to item 2. 

2. D Check this box if you owe eligible loans to more than one loan holder. You must submit a separate request to each holder of the loans you want 

to repay under the IBR, Pay As You Earn, or ICR plan. 

You must promptly submit to your loan holder(s) this completed form and acceptable documentation of your Adjusted Gross Income (see Section 4), 

or, if applicable, alternative documentation of your current income (see Section 5). 

I SECTTON 3: SPOUSAL INFORMATION 

Complete this section if any of the following apply to you: 

• You file a joint federal income tax return with your spouse and your spouse has eligible loans. Enter information about your spouse, below. 

• You have a joint Direct or FFEL Consolidation Loan that you obtained with your spouse. Enter information about the co-borrower of the loan. 

• You and your spouse have Direct Loans and both of you want to repay those loans under the ICR Plan. Enter information about your spouse. below. 

3. Spouse's SSN I I I I - I I I - I I I I I n you file a joint federal income tax rerum with yoor spouse, yoor loan 

4. Spouse's Name holder(s) wil base yo,x eigibiity determinafion and monthly payment 

amount on your and your spouse's combined income regardless of 

\Otlether yo,x spouse has eligible federal st\ldent loans. However, n your 5. Spouse's Date of Birth spouse does not haVe eligible srudent loans, you do not need to 

t . 

6. D comple e this sectionMy spouse and I wish to repay our Direct Loans jointly under the ICR Plan. 

If you complete this section, your spouse is also required to sign this form. By signing, your spouse is authorizing the loan holder(s) to access information 

about his or her federal student loans in the National Student Loan Data System (NSLDS). In addition. if the Department is not your loan holder and your FFEL 

loan holder(s) does not service at least one of your spouse's loans. your loan holder(s) will need detailed information about all of your spouse's loans to accurately 

evaluate your eligibility and payment amount. Your spouse should log into NSLDS at nslds.ed.gov to give your loan holder(s) access to his or her loan information. 

To obtain the organization code needed for authorization on NSLDS or for other options to provide the loan details needed on your spouse's loans. contact your 

loan holder( s) 

Page 1 of 5 

Emerson Attachment A - 1 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 2 of 20
DocuSign Envelope ID: 

I SECTION 4: FAMILY SIZE AND FEDERAL TAX INFORMATION 

7. b I I Enter your family size (as defined in Section 8). 

Note: If you do not enter your family size, your loan holder(s) will assume a family size of one. For purposes of these repayment plans, your family size may be 

different from the number of exemptions you claim on your federal tax return. By signing this form, you are certifying that the family size you enter above is correct. 

8. Did you file a federal income tax return for either of the two most recently completed tax years? 

IX] Yes - Continue to Item 9. 

D No-Skip to Section 5. 

9. Is your current income or your spouse's current income Of you completed Section 3 or file a joint federal income tax return) significantly different than the 

income used to determine the Adjusted Gross Income• (AGI) reported to the IRS on your most recently filed federal income tax return? 

0 Yes - Continue to Section 5. 

D No- Provide your most recently filed federal income tax return or IRS tax return transcript. Skip to Section 6. 

•You can find our Ad usted Gross Income on our most recentl filed IRS Form 1040. 1040A. or 1040EZ. 

SECTION 5: ALTERNATIVE DOCUMENTATION OF INCOME 

To be completed if (1) you did not file a federal income tax return for the two most recently completed tax years, (2) your AG/ from your most recently 

filed federal income tax return does not reasonably reflect your current income (due to circumstances such as the loss of or change in employment), 

or (3) your loan holder(s) informed you that alternative documentation of income is required. 

10. Do you have taxable income? Check "No" if (1) you do not have any income. (2) receive only untaxed income (such as Supplemental Security Income, child 

support, or federal or state public assistance). or (3) are not required to file a federal income tax return based on the amount of your taxable income. 

l[I Yes - Provide documentation of this income, as described below. 

D No - By signing this form, you are certifying that you have no taxable income or are not required to file a federal income tax return based on the amount of 

your taxable income. 

11 . If you are married and completed Section 3 or file a joint federal income tax return with your spouse, does your spouse have taxable income? Check "No" if (1) 

your spouse does not have any income, (2) receives only untaxed income (such as Supplemental Security Income, child support, or federal or state public 

assistance). or (3) is not required to file a federal income tax return based on the amount of his/her taxable income. 

D Yes - Provide documentation of your spouse's income. as described below. 

D No - By signing this form, your spouse is certifying that he/she has no taxable income or is not required to file a federal tax return based on the amount of 

his/her taxable income. 

You must provide documentation of all taxable income that you currently receive from all sources (for example, income from employment, unemployment 

income. dividend income. interest income. tips, alimony). If you are married and completed Section 3 or file a joint federal income tax return, you must also 

provide documentation of your spouse's taxable income. Do not report untaxed income such as Supplemental Security Income, child support, or 

federal or state public assistance. 

You must provide one piece of supporting documentation for each source of income (your and your spouse's). For example, documentation indudes pay 

stubs, a letter(s) from your employer(s) listing income. interest or bank statements, or dividend statements. If these forms of documentation are 

unavailable, atlach a signed statement from you or your spouse explaining the income source(s) and giving the name and the address of the source(s). 

Unless the frequency is dearly indicated on the documentation that you provide, write on your documentation how often you receive the income, for 

example, "twice per month' or ·every other week". The date on any supporting documentation you provide must be no older than 90 days from the date you 

si n this form. Co ies of ori inal documentation are acce table. 

SECTION 6: BORROWER REQUEST, UNDERSTANDINGS, AGREEMENT, AUTHORIZATION, AND CERTIFICATION 

• I request to use the plan I selected in Section 2 to repay my eligible Direct Loan or FFEL Program loans held by the holder(s) to which I submit this form. If I 

selected the option to allow my loan holder(s) to choose my plan. I request my loan holder(s) to place me in the plan with the lowest monthly payment amount. 

If more than one plan provides the same initial payment amount I understand that my loan holder will choose the plan that is likely to keep my monthly 

payment amount lower in subsequent years 

• I understand that: (1) If I am entering repayment on my loan(s) for the first time and do not provide my loan holder(s) with this completed form and any other 

documentation required by my loan holder(s). or if I do not qualify for the repayment plan that I requested, I will be placed on the standard repayment plan (see 

Section 8) (2) If I am currently repaying my loan(s) under a different repayment plan and want to change to the repayment plan I selected in Section 2, my 

loan holder(s) may grant me a forbearance for up to 60 days to collect and process documentation supporting my request for the selected plan. I am not 

required to make loan payments during this period of forbearance, but interest will continue to accrue. Unpaid interest that accrues during this maximum 60-day 

forbearance period will not be capitalized (see Section 8). (3) If I am delinquent in making payments under my current repayment plan at the time I request one 

of the repayment plans listed in Section 2. my loan holder(s) may grant me a forbearance to cover any payments that are overdue, or that would be due. at the 

lime I enter the repayment plan I requested. Unpaid interest that accrues during this forbearance period may be capitalized. (4) If I am requesting the ICR plan, 

my initial payment amount will be the amount of interest that accrues each month on my loan(s) until my loan holder receives the income documentation 

needed to calculate my ICR payment amount. If I cannot afford the initial interest payments, I may request forbearance by contacting my loan holder. 

• I authorize the entity to which I submit this request O.e . the school, the lender, the guaranty agency, the U.S. Department of Education. and their respective 

agents and contractors) to contact me regarding my request or my loan(s). induding repayment of my loan(s). at the number that I provide on this form or any 

future number that I provide for my cellular telephone or other wireless device using automated telephone dialing equipment or artificial or prerecorded voice or 

text messages. 

• I certify that all of the information I have provided on this form and in any accompanying documentation is true. complete, and correct to the best of my 

knowledge and belief. r-;DocuSignQ<I by: 

1 8 2014 Borrower's Signature ~ £~ ______________ Date __ _1__1__ _ __________ _ 

2C751DA4076541 E ... 

Spouse's Signature (if required) ___________________ Date 

Note Your spouse's signature is required if you completed Section 3 and/or completed Item 11 . 

Page 2of5 

Emerson Attachment A - 2 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 3 of 20
DocuSign Envelope ID: 

GENERAL FORBEARANCE REQUEST 0MB No. 184~031 

William D. Ford Federal Direct Loan Program FOffll Approved 

Exp. Date 12/31/2015 

WARNING: Any person who knowingly makes a false statement or misrepresentation on this fonn or on any accompanying document 

will be subject to penalties which may include fines, imprisonment, or both, under the U.S. Criminal Code and 20 U.S.C. 1097. 

GFB 

I SECTION 1: BORROWER IDENTIFICATION 

Please enter or correct the following infonnation. 

0 Check 

•

this box 1 if any I of your I -information has changed. 

SSN 

Name 59 Emerson 

Address 

City, State, Zip Code Oklahoma City, OK .. _______ _ 

Telephone-Primary • ) •------------- Telephone - Alternate ( ) 

E-mail Address (Optional) 

SECTION 2: FORBEARANCE REQUEST 

Before completing this form, carefully read the entire form, including the instructions and other information in Sections 3, 4, and 5. 

• I am willing but unable to make my current Direct Loan payments due to a temporary hardship. I am requesting this forbearance because I am experiencing a temporary hardship 

related to one of the following situations (check one): 

l[I Financial difficulties 

D Change in employment 

D Medical circumstances 

D Other (explain): 

• If this forbearance request is approved, I want to (check one): 

D 

D Temporarily stop making payments; or Temporarily make smaller payments of$ _____ per month. 

• If this forbearance request is approved, I am requesting that the U.S. Department of Education (ED) grant a forbearance on my loan(s) beginning (MM-DD-YYYY) 

eLll- ~~ I (_1-(M.._I 1-11-11-1 and ending (MM-DD-YYYY) 107 I (_)-a) 1-1-11§_1 (_) (_) (_) for a period not to exceed 12 months. 

SECTION 3: BORROWER/ENDORSER UNDERSTANDINGS AND CERTIFICATIONS 

• I understand that the following tenns and conditions apply to this forbearance request: 

(1) ED will not grant this forbearance request unless this fonn is completed and any required supporting documentation is provided. 

(2) ED may grant a forbearance on my loans for up to 60 days, if necessary, for the collection and processing of documentation related to my forbearance request. ED will not 

capitalize interest that accrues during this forbearance. 

(3) If I am past due on payments not covered by this forbearance, ED may grant an additional forbearance on my loan(s) to resolve all payments due when my request is 

processed, and all unpaid interest may be capitalized. 

(4) At the end of the forbearance, I may apply to renew the forbearance if I am still experiencing a financial hardship. 

(5) I will continue to receive billing statements for my current payment amount, which I must pay until I am notified by my servicer that my forbearance request has been granted. 

(6) During the forbearance period, I am not required to make payments of loan principal and interest, but interest will be charged on all of my loans. 

(7) If I requested to temporarily stop making payments, I will receive an interest notice, and I may pay the interest at any time. If I do not pay the interest that accrues on my 

loan(s), it will be capitalized at the end of the forbearance period. 

(8) If I requested to temporarily make smaller payments, I will receive a monthly notice for the requested payment amount until the forbearance ends, and any unpaid interest 

that has accrued during the period will be capitalized at the end of the forbearance period. 

• I certify that 

(1) The infonnation I have provided on this fonn is true and correct. 

(2) I will provide any additional documentation to ED, as required, to support my continued forbearance status. 

(3) I will notify ED immediately when the condition that qualified me for the forbearance ends. 

(4) I agree to repay my loan(s) according to the tenns of my promissory note, regardless of whether the forbearance is granted. 

• I authorize the entity to which I submit this request (i.e., the school, the lender, the guaranty agency, ED, and their respective agents and contractors) to contact me regarding my 

request or my loan(s), including repayment of my loan(s), at the number that I provide on this fonn or any future number that I provide for my cellular telephone or other wireless 

device using automated dialing equipment or artifirjal or OrP.fP.<'.OrdP.d voir.P. or text messages. DocuS1gned by: 

1/8/2014 

BORROWER'S OR ENDORSER'S SIGNATURE: Su,. £..-~ DATE: 

~ 2C751 DA4076541 E ... 

Page 1 of 2 

._LI -

I

I

Emerson Attachment A - 3 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 4 of 20
DocuSign Envelope ID: 

AFB ( -enter 

American Financial Benefits Center 

311 Professional Center Drive #200 

Rohne1t Park, CA 94928 

Main Telephone: (800) 488-1490 

Fax: (888) 334-6281, 707-897-3000 

Website: www.atbcenter.com 

Documents: income.doc@atbcenter.com 

E-mail: info@atbcenter.com 

Name: Sean Emerson Client #(STLN): 383825 

Address: Home Phone: <• ) 

City, State, Zip Oklahoma City, OK - Other Phone: ( ) 

Date: 1/8/2014 

Thank you for contacting American Financial Benefits Center. Based on the info1mation you have 

provided to our company, we believe that you may qualify for one or more student loan assistance 

programs offered by the U.S. Depa1tment of Education. American Financial Benefits Center ("AFBC") 

is a privately owned company that helps consumers like you identify programs that may be suitable to 

your sihiation, gather their relevant application documents, and then assists by preparing those documents 

for your review and submission. AFBC also offers some of its own great programs to fmther assist with 

your financial situation. To begin, we need the following info1mation from you: 

1. Please carefully read the enclosed Agreement, and make sure that all pages are signed and 

dated where indicated. 

2. Please provide your National Sh1dent Loan Data System Personal Identification Number 

("PIN"), or your most current Sh1dent Loan Se1vicer account statement(s). 

3. Please provide a copy of a voided check, along with the attached ACH Authorization Fo1ms, 

signed by the accotmt holder who is remitting the program payment. 

4. After you have faxed your documents, or provided your PIN, please contact AFBC at 1-800-

488-1490 ext. '0' and speak to a Client Se1vices Representative to verify all documentation 

has been received. You may also email your documentation to: income.doc@atbcenter.com 

5. Be sure to retain a copy of all documents for your records. 

Due to the impo1tance of this material and so we may sta1t working for you as soon as possible, return 

these documents and provide your PIN to American Financial Benefits Center via fax, email, or mail to 

311 Professional Center Drive #200, Rohnert Park, CA 94928, as soon as possible. 

If you have any questions when reviewing the attached documents, please feel free to contact your 

American Financial Benefits Center Client Se1vices Representative at 1-800-488-1490. 

DocuSigned by: 

Client Signature: 

~

~ E"'~ 

2C751 DA4076!>41 E. .. 

1/8/2014 Date: 

---------

Emerson Attachment A - 4 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 5 of 20
National Student Loan Data System Access 

As part of the federal student loan consolidation application process, it will be necessary for American 

Financial Benefit Center to access your student loan information within the National Student Loan Data 

System located online at http://www.nslds.ed.gov. 

The National Student Loan Data System contains a complete list of your federal education loans, along 

with current estimated balances and servicer details information that is required to complete your 

consolidation application. 

By enrolling in the American Financial Benefits Center consolidation assistance program, you are 

agreeing to allow American Financial Benefits Center and its authorized agents to access your 

profile and all the data contained within that profile. In order to allow this access, you will need to 

provide American Financial Benefits Center with your Personal Identification Number (PIN). 

Please note that all information that American Financial Benefits Center obtains from the National 

Student Loan Data System will be used expressly for the purposes of confirming your eligibility for the 

American Financial Benefits Center consolidation assistance program and assisting you in the 

consolidation of your federal education loans. 

Acknowledgment 

I, _________________ ($0 /(4510 _______, hereby acknowledge that I have read, understood, and agree to the above 

statements regarding access to my National Student Loan Data System profile. I understand that I will be 

asked to provide American Financial Benefits Center with my Personal Identification Number (PIN) and 

that American Financial Benefits Center and its authorized agents will use this PIN in order to access 

information regarding my federal education loans that is contained within the National Student Loan Data 

System. I understand that this information will be used solely for the purposes of verifying my eligibility 

for the American Financial Benefits Center consolidation assistance program and completing my 

application for a Federal Department of Education consolidation loan. 

By signing this acknowledgment, I agree to allow American Financial Benefits Center to use my National 

Student Loan Data System PIN to access my personal profile as explained above. 

Client Signature:__ __________________________ Date:_______ 	
	 _____________ 

DocuSign Envelope ID: 

Emerson Attachment A - 5

~ DocuSigned by: 

C::1:::: 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 6 of 20
DocuSign Envelope ID: 

American Financial Benefits Center Document Preparation and Service Agreement 

Section 1: Client Information Client ID: 383825 Agreement Date: 1/8/2014 

Client First Name: Sean Client Last Name: Erne rson 

Client Middle Initial: Fonner Last Name 

Street Address: City. State. Zip: Okl ahoma City, OK -

Client Email Client Phone: 

Section 2: Client's Estimated Summa1·y of Curl'ent Federal Student L

-oans 

The basis of this summat-y is derived from the input of the client. 

Estimated Total Federal Loan Balance: S Loan Status ( current, delinquent. default. consolidated): Deliquent 30 days 

Approximate Current Monthly Payment: S 2 80 Federal Loan Types (Single, Multi): S~ I !!J II 

Estimated New Loan Payment: $ 10 New Loan Payment Validation Tenn: Annually 

Estimated Payment Adjusted After (Months): 07/07/14 Current Loan Servicer(s): AES 

Section 3: Requil·ed Consolidation Application Info1·mation 

Client SSN:- -

-- Client DOB (MM-DD-YYYY) 

DL/ ID Number & State: DOE PIN Code: 

• -• 

Employer Name:- Occupation: Sel f Employeed 

-

Employer Street Address Employer City. State, Zip: Okl ahoma City, OK 7IIIIII 

Employer Phone: Family Size: 5 

Client Marital Status: Single Client Stated Tax Filing Status: Single 

Current Annual Income: $- Form of Documented Income Submitted: Tax Return 

Spouse First Name: Spouse Last Name: 

SpouseSSN: Spouse DOB: 

Spouse Employer Name: Spouse Work Phone: 

Spouse Annual Income: $ PSLF Candidate (Yes/No): No 

References: 2 Persons with different addresses, PO Boxes are NOT acceptable, not residing in the same home (for example, a spouse) or anyone living outside the U S 

Reference 1 Full Name: Permanent Address: 

Reference 1 Phone: Relationship to Client: Cousin 

Reference 2 Full Name: Permanent Address: 

Reference 2 Phone: Relationship to Client: Mother 

Section 4: AFBC Document Preparation and Service Aga·eement Program Payment 

American Financial Benefits Center Payment/Fees are separate of loan costs and/or payments made by Client 

AFBC Program Payment/Fee Amount: S 600 AFBC Program Payment Amount: $ 100 

First Program Payment Date: 07/16/14 Payment Tenn (months): 6 

Section 5: Client Payment Infoa•mation 

Bank Name: - Account Number: 

Account Type (Checking / Savings): Checking Routing Number: 

Notes: 6-Mi n , C. Payment 

This Se1vice Agreement is made and entered into, the date of signing, by and between American Financial Benefits 

Center ("AFBC"), and Client, as stated in Se.ction 1, hereinafter refen-ed to as ("Client") residing at address as 

stated in Section 1. Subject to, and conditioned upon, the following for Client Student Loan Document Preparation 

and Se1vic.e Agreement. 

DocuSigned by: 

Client Signature: ~ E"'~ ---

1/8/2014 Date: 

-------- 2C751 DA4076!>41 E. .. 

Emerson Attachment A - 6 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 7 of 20
American Financial Benefits Center 

Privacy Policy

American Financial Benefits Center (hereinafter "Company") is dedicated to protecting your privacy and 

providing you with the highest level of service. This Policy explains what Company does to keep 

information about you private and secure. This Policy covers only information that you provide to 

Company or that it obtains about you from companies that you have chosen to do business with. Please 

read this Policy carefully and contact us if you have any questions. 

Personal Information We Collect

The personal information we collect about you comes from the following sources: 

x Information we receive from you, such as your name, address, and telephone number, or 

other information that you provide to us over the phone or in documents or applications, 

x Information about your transactions, such as your account balances with your creditors, 

payment histories, account activity, and all other information that may be contained in your 

credit card statements or other reports relating to your debt, and 

x Information we receive from consumer reporting agencies and other sources, such as your 

credit bureau reports, collection agency reports or other communications, and other 

information relating to your payment histories, creditworthiness, annual income, or ability to 

satisfy your obligations. 

We reserve the right to, and will, sell or transfer your personal information to third parties for any purpose 

in our sole discretion. We prohibit the sale or transfer of personal information to non-affiliated entities for 

their use without giving you the opportunity to opt-out. We may disclose such information in order to 

effect or carry out any transaction that you have requested of us or as necessary to complete our 

contractual obligations with you. We may also share your information with service providers that 

perform business operations for us, companies that act on our behalf to market our services, or others only 

as permitted or required by law, such as to protect against fraud or in response to a subpoena. We may 

also share or transfer our information in the event we transfer or sell your account or our business assets 

to another provider. 

By carrying out those services, we may disclose your information, as we see fit and as permitted by law, 

to your creditors, credit card companies, collection agencies, banks, and other entities and individuals 

specifically necessary to effect, administer and perform our services. 

Your Choices/Opt-out 

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for 

certain purposes. By providing information to Company you are consenting to the collection, use and 

disclosure of such personal information in the manner described in this privacy policy. We provide you 

the opportunity to withdraw your consent when such information is collected. 

Such consent may be withdrawn by calling the telephone number provided below or may be done in 

writing/email and sent to our customer service department at the following physical address or email 

address: 

DocuSign Envelope ID: 

Emerson Attachment A - 7

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 8 of 20
American Financial Benefits Center 

311 Professional Center Drive Suite #200 

Rohnert Park, CA 94928 

Email: info@afbcenter.com 

Phone: 1-800-488-1490 

How We Protect Your Information

We train our employees to protect all customer information. We maintain physical, electronic and 

procedural controls that comply with government standards. We authorize our employees, agents and 

contractors to get information about you only when they need it to do their work with us. You can help to 

maintain the security of your online transactions by not sharing your personal information or password 

with anyone. Remember, no method of transmission over the Internet, or method of electronic storage, is 

100% secure. 

This Policy applies to current and former customers. If you have any questions, please contact American 

Financial Benefits Center at 311 Professional Center Drive Suite #200, Rohnert Park, CA 94928 

Client Signature:__ __________________________ Date:_______ 	
	 _____________ 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DocuSign Envelope ID: 

Emerson Attachment A - 8

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 9 of 20
"Notice of Cancellation" 

Date:________________________ 

 "You may cancel this transaction, without any penalty or obligation, within ten (10) business days from the 

above date. 

 If you cancel, any property traded in, any payments made by you under the contract or sale, and any 

negotiable instrument executed by you will be returned within ten (10) days following receipt by the seller of 

your cancellation notice, and any security interest arising out of the transaction will be canceled. 

 If you cancel, you must make available to the seller at your residence, in substantially as good condition as 

when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with 

the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. 

 If you do make the goods available to the seller and the seller does not pick them up within 20 days of the 

date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If 

you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do 

so, then you remain liable for performance of all obligations under the contract." 

 To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other 

written notice, or send a telegram to American Financial Benefits Center, at 311 Professional Center Drive 

Suite 200, Rohnert Park, CA, 94928 not later than ten (10) business days from the above date . 

 

I hereby cancel this transaction. 

_____________________________ 

(Client's signature) 

________________ 

(Date) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DocuSign Envelope ID: 

Emerson Attachment A - 9

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 10 of 20
Limited Power of Attorney 

To: Any and all of my Student Loan Creditors: 

I, hereby duly authorize, empower and appoint the American Financial Benefits Center of 311 

Professional Center Drive Suite #200, Rohnert Park, CA, 94928, its agents and representatives (AFBC) 

permission to perform any acts necessary or convenient, including but not limited to, the following on my 

behalf: 

1. Prepare, sign, and file any documents pertaining to my Student Loans with any governmental body or 

agency, represent me in all Student Loan matters including negotiating, compromise, or settling any 

matters with such government agencies, and communicate as fully I could do if personally present and 

acting with any and/or all of my Federal Student Loan providers. 

2. To communicate with banks, creditors, financial institutions, licensed collection agencies, and all other 

related entities and individuals relating to my Federal Student Loans, including but not limited to the 

balance of my account, payment history verification of the account and any and all necessary 

communications, correspondence, and negotiations regarding my account(s). I assert that all of the 

information that I have provided and will provide AFBC is true and accurate. 

3. I hereby authorize third party communication from banks, creditors, financial institutions, licensed 

collection agencies, and all other related entities and individuals relating to my Federal Student Loans to 

communicate directly with AFBC concerning my account or the collection activities associated with it, in 

accordance with Section 805(b) of the Fair Debt Collection Practices Act. I further request that all of my 

lenders direct all further telephone calls to: 1-800-488-1490 and correspondence to: American Financial 

Benefits Center, 311 Professional Center Drive Suite #200, Rohnert Park, CA 94928 –Customer 

Service . Any and all communications directed to me will be referred to AFBC, and only AFBC will be 

authorized to deal with your company and or its representatives. 

I understand that AFBC is not a law firm, is not licensed to practice law or provide legal advice and that I 

will not request or accept, any legal advice from AFBC relating to my personal financial situation. I 

expressly agree to waive, forgo, indemnify and defend any claim against the AFBC relating to the 

practice of law. I understand that any creditor or collection activity, demands, or lawsuits are unrelated to 

my enrollment in the AFBC program. 

I agree that electronic or facsimile copy signature shall be deemed original and is an authorization by me 

for all lawfully enforceable purposes. 

This Limited Power of Attorney shall remain in force until or unless modified or rescinded in writing, or 

upon resolution of the current matter. 

Executed On this (Date):__________ 	
	 ______________ 

Applicant Signature: _________ Applicant SSN: 

Applicant Name: ______ ($0 /(4510 ___________________ Applicant DOB: 

DocuSign Envelope ID: 

Emerson Attachment A - 10

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 11 of 20
DocuSign Envelope ID: 

Financial Education Platinum Member Benefits Pprogram Enrollment & AFBC Financial Success Kit 

Congratulations! We are excited that you have taken the first step in improving your finances through our Financial 

Analysis & Evaluation, AFBC Financial Success Kit, and your enrollment in our Financial Education Platinum Member 

Benefits Program ('PMBP') because getting the right tools and education will save you time and money. We believe purchasing 

this Platinum Member Benefits Program and Financial Success Kit is the first step in making a change in your financial life. 

These Financial tools were built on time-tested strategies, methods, and exercises that we've coupled with our Platinum 

Member Benefits Program, to help you start saving money today and to give you the greatest opportunity for improving your 

financial position forever. 

Authorization & Refund Policy: I hereby authorize American Financial Benefits Center to debit the credit card(s), or bank 

account(s) listed below for the amounts stated on the draft dates herein. This authority shall remain in effect until American 

Financial Benefits Center has received the full purchase amount. If a payment is declined by your credit card company or bank, 

American Financial Benefits Center may attempt to again process this payment at a later date, typically within 72 hours. No 

products will be shipped until full payment is confumed. I, the Buyer, fully understand I am purchasing an American Financial 

Benefits Center Financial Success Kit and enrolling into the Financial Education Platinum Member Benefits Program tlu·ough 

American Financial Benefits Center. All transactions will appear on your credit card, or bank statement(s) as " afbenfitscenter" 

American Financial Benefits Center offers a 100% Satisfaction Guarantee or your money back for those customers who request 

in writing within 30 days from the date of purchase. Thereafter customers may also request a refund up to 90 days from the date 

of purchase however American Financial Benefits Center reserves the right to determine a reasonable refund amount. If you 

have any questions about your payment, please contact us directly at 1-800-488-1490, or 311 Professional Center Drive 200, 

Rohnert Park, CA 94928. 

Your Platinum Member Benefits Program & American Financial Benefits Center Financial Success Kit Will Include: 

• 

• 

Online Local Savings - save money at your favorite local merchants. 

• 

Everyday Grocery Savings -$500 wo1th of grocery coupons annually! 

Savers Club - over 4400 participating lodging properties with up to 50% off room rates, plus receive discotmted 

• 

theme park admission, movie tickets, car rentals, and much more. 

• 

i-Money Quest -your personal on-line, interactive financial literacy course. 

Log Benefits - get organized and protected by using a family budget worksheet, asset inventory organizer, 

• 

medical insurance information log, and auto emergency log. 

Rx Advantage"' Prescription Drug Program* - receive discounted pricing on generic and brand name 

• 

prescription medications at participating pha1macies nationwide. 

Coast to Coast Vision Plan*- save 30% or more on eyeglasses, contacts, non-prescription stmglasses, PRK and 

• 

LASIK surgeries at over 12,000 optical service providers nationwide. 

Key Ring & Luggage Protection- register and receive personally labeled tags printed with a tmique code and 

shipping address for items to be sent to us free of charge. Once received at our center items will be sent to your 

• registered address, keeping your personal info1mation confidential and your property safe. 

Auto Buying Service and Maintenance Discounts- a service designed to help you buy, sell, or trade your new 

or used vehicle at the right price, thus saving you money. Also, receive special discotmts on car repair and 

• 

maintenance at more than 10,000 service center locations. 

• 

How To Be The Family CFO - written by Kim Snider, with answer to this life-changing question. 

• 

Hard Bound 125 Page Informational Workbook - to help you regain your financial stability! 

• 

eGuide access titled "Rebuilding Your Credit" - here you'll learn the basics on improving your credit. 

Life changing CD complete with printable forms - to improve your personal and financial life forever. 

Buyer's Full Name : Sean Eme rson 

Spouse's Full Name (if applicabl.e) : 

Buyer's Best Contact Phone Number: 

Financial Education Platinum Member Benefits Program Enrollment 

& American Financial Benefits Center Financial Success Kit Charge: $ 600 

DocuSigned by: 

1/ 8/ 2014 

-

Su....£.,..~ 

. ~?s1DA•07654JJ •uyer Date Signature of Spouse Date 

Emerson Attachment A - 11 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 12 of 20
Financial Education Platinum Member Benefits Program Enrollment & AFBC Financial Success Kit 

Authorized Company to Debit Account: Company Name: American Financial Benefits Center 

Account Holder’s Information: Account Holder’s Name: ($0 /(4510

 Billing Street Address:

 City, State, Zip: -.$+1/$ ,6: 

Account Holder’s Bank Information:

 Bank Name:

Routing Number (9 Digits):

 Account Number:

Checking Savings Checking or Savings: 

Total Amount: $  Payment Information 

Setup Charge Draft #1 Draft #2 Draft #3 Draft #4 Draft #5 Draft #6

Draft Date 
		 		 		 
		
 		 		

Draft Amount $ 95.00 	 	 	 	 	 	

Authorization: 

I hereby authorize American Financial Benefits Center to Debit the Bank Account referenced herein, via an Automated 

Clearing House system, according to the parameters specified herein for my Financial Education Platinum Member 

Benefits Program & American Financial Benefits Center Financial Success Kit. This authority will remain in effect until 

the payment is completed as specified herein. If a payment is returned for any reason I acknowledge that I am subject to a 

rejected item fee of $20 or the maximum amount allowed by law in addition to any charges made by my bank. 

***Please retain a copy of this document as your receipt of purchase*** 

Account 2C751 HoDAlder 407654s A1 E ... uthorized Signature Date 

DocuSign Envelope ID: 

	
	

Emerson Attachment A - 12

,:LL1HSl:.?8q1: ! L13 

__ L1HS!:,

L _JI u• L2 DOOL Check Number

-

Routing Number Account Number 

--~"':;:_ 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 13 of 20
American Financial Benefits Center Document Preparation and Service Agreement Program Enrollment 

Electronic Funds Transfer (EFT) Authorization 

Authorized Company to Debit Account: American Financial Benefits Center Company Name: 

Account Holder’s Information: Account Holder’s 

Name: ($0 /(4510

Billing Street Address: 

City, State, Zip: -.$+1/$ ,6: 

Account Holder’s Bank Information:

-

Bank Name: 

,:L12:1~s i;7aq1: 12:l 12nsi;u• 000 1 

I L IL.2_ Check Number Routing Number 

Routing Number Account Number (9 Digits):

- 

Account Number: 

Checking Savings Checking or Savings: 

 Payment Information Total Amount: $ 

Draft Date 

Draft Amount 

Draft Date 

Draft Amount 

Draft #1 Draft #2 Draft #3 

		 		 		

	 	 	

Draft #4 Draft #5 Draft #6 

			 				 	
		

	 	 	

Authorization:

I hereby authorize American Financial Benefits Center (“AFBC”) to debit the Bank Account referenced herein, 

via an Automated Clearing House (ACH) system, according to the parameters specified herein for my American 

Financial Benefits Center Student Loan Document Preparation and Service Agreement. If you have questions 

about your payment, please contact AFBC at 1-800-488-1490, or 311 Professional Center Drive 200, Rohnert 

Park, CA 94928. This authority will remain in effect until the payment is completed as specified herein. If a 

payment is returned for any reason I acknowledge that I am subject to a rejected item fee of $20 or the maximum 

amount allowed by law in addition to any charges made by my bank.

Account Holder’s Authorized Signature Date 

***Please retain a copy of this document as your receipt of purchase*** 

DocuSign Envelope ID: 

	
	

Emerson Attachment A - 13

G='~=- -- 2C751 DA407654 l E .. . 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 14 of 20
Financial Education Platinum Member Benefits Program Recurring ACH Authorization Form 

By my signature below, I authorize and permit American Financial Benefits Center to initiate electronic funds transfer via 

Automated Clearing House system (ACH) from my account listed below, for the Financial Education Platinum Member 

Benefits Program payment amount listed below. 

Account Holder’s Full Name: ($0 /(4510

Mailing Address:

Mailing City, State, Zip -.$+1/$ ,6:  		


Monthly Payment Due Amount: $49.70

Name of Bank:

Bank Routing Number (9 digits):

Bank Account Number:

-

First Monthly Draft Date: 		

Monthly Draft Day: 	6+

Terms of Agreement: 

American Financial Benefits Center, located at 311 Professional Center Drive 200, Rohnert Park, CA 94928, is authorized to 

deduct a scheduled payment from Client’s checking or savings account from the bank listed above, if necessary American 

Financial Benefits Center may make adjustments if errors have occurred during transaction. In the event that Client’s 

draft is returned unpaid for any reason, Client agrees to pay all past due balances immediately, in addition to a $5.00

administrative fee, and the current months payment amount. The date of the draft is listed above, however if the draft date 

falls on a weekend or bank holiday, the debit transaction will take place on the next business day. This authority will 

remain in effect until American Financial Benefits Center is notified by Client in writing by either email to; 

pmbp@afbcenter.com or by fax to 707-897-3000 at least 10 business days prior to the next scheduled draft date See the 

attached notice of cancellation form for an explanation of this right. For questions regarding your payment, you may also 

contact us directly at 1-800-488-1490. No other forms of cancellation by Client will be honored. This agreement may 

become void at the option of American Financial Benefits Center at any-time. The reversal of funds from a Client’s 

account that was drafted in error cannot be made until seven business days from the draft date. The Client agrees to waive 

all rights of reversal or refusal of any payment on any draft that American Financial Benefits Center may make against the 

Client’s bank account during the time Client is actively enrolled. The Client agrees with all of the provisions and 

conditions outlined herein. The Client further agrees to hold American Financial Benefits Center, its directors, 

employees, officers, and its agents harmless from any damages that may occur or arise from and within the entirely of this 

agreement. American Financial Benefits Center will not be responsible for any fees your financial institution may assess 

should a draft be returned for insufficient funds. 

By my signature below I acknowledge that I have read, understand and agree to the terms of this document titled 

“Financial Education Platinum Member Benefits Program Recurring ACH Authorization Form.” r-;DocuSigned 

___

Account 

~

Ho,:::: 

by: 

	
	

______________________________________________________________________ 

lder s Authorized Signature Date 

***Please retain a copy of this document as your receipt*** 

DocuSign Envelope ID: 

Emerson Attachment A - 14

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 15 of 20
Date: 	
	

Name & Address: 

($0 /(4510

To whom this may concern, 

 To the best of my knowledge, my current annual income for this year 

will be $_- ___________________ 

Thank you, 

Signed:_ __________________ 

Print:__($0_____________ /(4510 _________________ 

SSN:_ _____ 

DocuSign Envelope ID: 

Emerson Attachment A - 15

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 16 of 20
American Financial Benefits Center Document Preparation and Service Agreement 

 

This Service Agreement is entered into on the date shown below between the American Financial Benefits Center, 

Inc. (AFBC) and the Client shown below (Client).

AFBC provides processing and support services to assist consumers who are applying for Federal Student Loan 

Consolidation Services, and/or other repayment plan programs available through the Department of Education 

(DOE). AFBC is a private company, not affiliated with any government agency, and for a fee AFBC will assist in 

assembly and submission of student loan consolidation, and/or other repayment plan program documents. AFBC is 

not a lender or a debt consolidation company. 

Client requests AFBC to perform, in good faith, the following services, (“the Services”): (a) Performing a review of 

the Client’s current Federal Student Loan debt situation, (b) Identify potential Student Loan Consolidation, and/or 

other repayment plan options that may be available to Client from the DOE, (c) Discuss potential options with the 

Client, and (d) After Client selects an option, prepare and process, on the Client’s behalf, a Federal Student Loan 

Consolidation Application, and/or other repayment plan program application with the DOE. 

Now therefore in consideration of the foregoing and every term, covenant and condition hereafter set forth, AFBC 

and Client do hereby understand, covenant and agree to the following: 

1. Provide Complete and Truthful Information. AFBC will provide Client with an overview session limited to their 

Federal Student Loan debts to assist the Client in locating options that may be available to them. Client expressly 

represents and warrants that he/she/they will at all times provide AFBC with information that is complete, accurate 

and true to the best of their knowledge and belief. 

2. Performance of Services. Upon receipt of all information from Client, AFBC shall promptly analyze Client’s 

Federal Student Loan debt situation, review the information provided by the Client, and complete the application 

forms required for the DOE program(s) that have been selected by the Client. Upon completion of AFBC’s review 

and due diligence, AFBC shall prepare for filing with Client’s lender an application to initiate a Federal Student 

Loan Consolidation, and/or other repayment plan available to Client through the DOE on behalf of Client. 

3. Fees for Services. The cost of the program for a client enrolling is $______  _______, and is split into a monthly 

payment option as indicated in the attached form. The fee shall be debited from Client’s bank account specified on 

the attached Electronic Funds (EFT) Authorization. AFBC will use a third party payment processor to debit Client 

for fee and Client shall pay all processing fees associated with such. AFBC’s services shall be complete upon AFBC 

completing its review and providing an application packet to the Client. 

4. Documents Service Agreement and Monthly Cost Authorization. AFBC will use a third party payment processor 

to debit Client for fees/payments and Client shall pay all processing fees associated with such. Client herby 

authorizes AFBC to deduct all payments due per this contract from the financial institution listed in the Electronic 

Funds (EFT) Authorization or such other financial institution that may be used by Client from time to time. Further, 

Client authorizes their financial institution to accept and to charge any debit entries initiated by American Financial 

Benefits Center to Client’s account. This authorization for automatic withdrawal of fees/payments is to remain in 

full force and effect until AFBC has received written notice from Client of its termination in such time and such 

manner as to afford AFBC a reasonable opportunity to act. A fee/payment (whether paid by debit or other means) 

that is not honored by Client’s financial institution for any reason may be subject to a $20.00 service fee imposed by 

AFBC (unless otherwise limited or prohibited by state law), the amount of which may be debited from Client’s 

account. 

5. Limited Money Back Guarantee. AFBC guarantees that Client will receive a Federal Student Loan Consolidation, 

or other repayment plan program available to client through the Department of Education subject to the following 

conditions: (1) student loans that Client presents to AFBC are original debts, and have not been previously 

consolidated or had their terms or amounts previously adjusted; (2) Client full cooperates, is honest and timely in 

providing all information requested by AFBC and DOE; and/or (3) Client does not possess a characteristic that 

pursuant to DOE rules would disqualify Client from receiving a consolidation. If a Client is not approved for a 

Federal Student Loan Consolidation, or any other repayment plan program available to client through the DOE, after 

reasonable efforts by the parties, then AFBC will reimburse the Consolidation Fee Payment (payment made to 

DocuSign Envelope ID: 

Emerson Attachment A - 16

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 17 of 20
AFBC in Section 3, above). All refund requests must be made, in writing, to AFBC within 30 days of any denial by 

the DOE. 

6. Process. Once paperwork has been received, processing will begin. AFBC will always act promptly on Client’s 

documents and program. Be advised that Federal Student Loan Consolidations, and other repayment plans 

completed by AFBC rely on the relevant lenders for prompt service and AFBC cannot be held liable for delayed 

completion. Average completion of a Federal Student Loan Consolidation through the DOE is usually ninety (90) 

days, but may take longer. AFBC solely prepares and provides documents for submission, and does not control the 

DOE application review process. 

7. Indemnification and Hold Harmless. Client hereby agrees to defend and hold harmless AFBC from and against 

any claims and liability of any nature whatsoever arising out of or in connection with Client’s failure to timely 

provide requested information to AFBC, Client’s lack of authority or ability to complete terms of this Agreement, 

and all other claims arising out of this Agreement or relating to Client’s loans and other financial obligations. This 

Agreement constitutes the entire agreement between the parties. AFBC makes no warranty, express or implied, as 

to the fitness of any recommendation it may make to Client arising out of this Agreement. Except for cause, Client 

unconditionally waives any right of action against AFBC, its officers, directors, employees, agents, brokers and 

assignees, at law, equity or any other cause of action for any reason, directly, indirectly or proximately believed to 

arise out of this Agreement, for any damages of any nature whatsoever that Client may incur by reason of Client 

following any recommendation of AFBC or Client’s failure to follow any recommendation of AFBC, whether any 

singular, concurrent or series of recommendations are acted upon or not acted upon in whole or in part by Client. 

This section shall survive any termination of this Agreement. 

8. Important Limitation on Consumer Rights - Mandatory Arbitration Requirement – Please read carefully: In 

the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the 

breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of 

the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sonoma County, 

California or in the county in which the consumer resides, in accordance with the Laws of the State of California for 

agreements to be made in and to be performed in California. The parties agree that the arbitration shall be 

administered by the American Arbitration Association ("AAA") pursuant to its rules and procedures and an 

arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the 

AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or 

modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the 

parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for 

enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual 

capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the 

parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not 

otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not attorneys’ 

fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the 

arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including 

a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Binding Arbitration 

means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal 

from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that 

discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any 

termination. OPT-OUT PROCESS: You may choose to opt-out of this Arbitration Provision but only by following 

the process set-forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in 

writing within thirty (30) calendar days of the date of this Agreement at the following address: AFBC, Attn: 

Customer Service, 311 Professional Center Drive #200 Rohnert Park, CA 94928. Your written notice must include 

your name, address, the date of this Agreement, and a signed statement that you wish to opt out of the Arbitration 

Provision. If you choose to opt out, then your choice will apply only to this Agreement. 

9. Entire Agreement. By virtue of Client’s signature below, Client acknowledges that he/she has read, understands 

and agrees to every term, covenant and condition of this Agreement and that he/she has received a true and complete 

copy hereof, effective on the date below. This agreement is the only agreement between the parties and there is no 

other collateral agreement (oral or written) between the parties in any manner relating to the subject matter of this 

agreement. If any portion of this agreement is held to be invalid or unenforceable, the remaining provisions will 

remain in effect. The parties mutually understand and agree that a facsimile copy signature or an electronic 

signature on this agreement shall be deemed an original for all lawfully enforceable purposes. 

10. Cancellation Policy – I, the Client, may cancel this contract at any time prior to being approved for a Federal 

Student Loan Consolidation, or any other Department of Education repayment plan option achieved on Client’s 

behalf, and receive a full refund. 

DocuSign Envelope ID: 

Emerson Attachment A - 17

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 18 of 20
11. Limitations on Damages: AFBC’s liability under this agreement and/or relating directly or indirectly to Client’s 

participation in the Student Loan Consolidation Program, under any theory of liability regarding any claim by the 

Client is limited to the amount of fees paid by Client to AFBC. The Parties agree to be contractually bound to such 

limitation on any damages, and agree not to demand or attempt to recover any amount in excess of such. This 

section shall survive termination. 

12. Information Authorization: I hereby authorize AFBC to verify my past present employment earnings records, 

bank accounts, stock holdings, and any other asset balances that are needed to process my Federal Student Loan 

Consolidation, and/or other repayment plan program available to client. The information AFBC obtains is only to be 

used in the processing of my application for a Federal Student Loan Consolidation or any other repayment plan 

program through the DOE, and AFBC does not provide any form of credit repair, credit score enhancement, or debt 

relief. 

13. Legal Authorization Form: This form will serve to acknowledge that the below Student Loan borrower has 

authorized our company, American Financial Benefits Center (AFBC) to act on their behalf to apply for 

consolidation of their Federal Student Loans, and/or other repayment plan programs available to client. Client has 

been advised that once approved for the Federal Student Loan Consolidation, and/or other repayment plan program, 

the Client will receive a sixty (60) day furlough before payments will start. If you have any questions regarding this 

Federal Student Loan Consolidation Program, please contact AFBC at 1-800-488-1490. 

BY SIGNING BELOW(ELECTRONICALLY OR PHYSICALLY), I HEREBY ACKNOWLEDGE THAT I 

HAVE NOT BEEN ADVISED BY AMERICAN FINANCIAL BENEFITS CENTER, ANY OF ITS 

AGENTS, AND/OR AFFILIATES TO FOREGO A STUDENT LOAN PAYMENT IN EXCHANGE FOR 

THE GOOD FAITH PAYMENT AND FEDERAL STUDENT LOAN CONSOLIDATION PROGRAM. 

DURING THIS PROCESS, CLIENT IS RESPONSIBLE FOR MAKING HIS OR HER PAYMENTS, AND 

FAILURE TO DO SO COULD DISQUALIFY THE CLIENT FROM OBTAINING THE SERVICE THAT 

WAS AGREED UPON. I FURTHER ACKNOWLEDGE THAT NO GUARANTEES CONCERNING THE 

SUCCESS OF THE LOAN CONSOLIDATION HAVE BEEN PROVIDED TO ME/US BY AMERICAN 

FINANCIAL BENEFITS CENTER, AND/OR ANY OF ITS AGENTS, AND/OR AFFILIATES AND A 

POSITIVE OUTCOME IS NOT GUARANTEED. I, THE CONSUMER, HAVE BEEN EXPLAINED THE 

PROGRAM IN FULL AND TO MY SATISFACTION. 

	
	

Executed On this (Date):________________________________________________ 

Signature_____

-

__ _______________________________________ 

SSN:_____ ___________-________• ______________-______

-___________ 

Name____($0 ______/(4510 _____________________________________________________ 

 DOB:___• _________/_______• ______________/_______ ______________ 

DocuSign Envelope ID: 

Emerson Attachment A - 18

-

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 19 of 20
DocuSign Envelo~ ID: 

SC-TPRllil-PS HEAA 

Creating Access to Education 

Pennsylvania Higher Education Assistance Agency 

AUTHORIZATION FOR RELEASE OF INFORMATION PERTAINING 

TO PHEAA - ADMINISTERED EDUCATION LOAN(S) 

Instructions: Complete this form and return it to the Pennsylvania Higher Education Assistance Agency (PHEAA) to allow access 

to all data contained in your PHEAA-administered education loan record by the person/party stated herein for the purpose of 

assisting you in resolving PHEAA-related issues. 

Emerson Print Name of Borrower Sean 

Account Number of Borrower SSN#: 

Tl::tlBQ f8B.TY A!.!THQRIZAIIQN FQR RELEASE OF INFORMATION 

PERTAININ~ TQ PHEAA • ADMINISTERED EDUCATION LOANS 

I hereby authorize the Pennsylvania Higher Education Assistance Agency, also conducting operations as American Education Services 

("PHEAA") to release information about my account, including personally identifying information and my relationship with PHEAA to the 

individual(s) below. I understand and agree that by authorizing PHEAA to release any and all information to the individual(s) named and listed 

below, I assume full responsibility for the named individua1(s) having access to any information maintained by PHEAA relating to me. It is my 

responsibility and not that of PHEAA to revoke my authorization(s) if at any time I no longer wish to authorize PHEAA to release 

information about me to the indlvidual(s) designated bolow. I acknowledge that this authorization allows the named individual(s) to 

obtain any/all data/information contained in my PHEAA-administered student aid record. I hereby expressly agree that PHEAA shall not be 

responsible for any damages in any form so arising that I may incur related to my authorizalion(s) of PHEAA to release information to the 

individual(s) listed below. Completion of this form also provides permission to accept information concerning changes to my address and/or 

telephone number from the individual(s) identified below. This authorization does not apply to the release of information about me through 

PHEAA's website(s) and online functionality. This authorization does not release the borrower from his/her obligation to make 

payments under their loan(s). 

American F. Benefits Ctr Non-Relative 

Name: Relationship: (Please Print) 

(800) 488-1490 Phone: 

Date of Birth: MM / 00/ YYYY 

311 Professional Center Drive Address: 

Rohnert Park, CA 94928 

Name: Relationship: 

Phone: Date of Birth: MM / 00/YYYY 

Address: 

BORROWER SIGNATURE - - DocuSignod by: -- 1/8/2014 

Signature of Borrower: ~£ ... ~ Date: . 

2C751 DA4076541E. .. 

Return this completed form to: AES/PHEAA or send facsimile to(717) 720-3916 

Loan Servicing 

P.O. Box 2461 

Harrisburg, PA 17105-2461 

BORROWER 

Emerson Attachment A - 19 

Case 4:18-cv-00806-SBA Document 31-1 Filed 03/02/18 Page 20 of 20
Emerson Attachment B

Case 4:18-cv-00806-SBA Document 31-2 Filed 03/02/18 Page 1 of 3
To whom it may concern,

  

My student loans have been consolidated with American Education Services since 2005.  In December of

2013 I received solicitation by mail from a third party company, American Financial Benefits Center ,  

offering me the services to obtain an approval from my lender, AES,  for the Department of Education’s

Income Based Repayment program, or, IBR Program.  Because AFBC suggested that they could lower my

student loan payments, substantially, for the period of 12 months, and, place my account into

forbearance, immediately‐‐from that day, January 8th, 2014 forward‐‐I went ahead and signed a contract

with them—and  contracted with them to process an IBR application on my behalf.

At that time, I inquired of their sales representative multiple times prior to signing a contract with them,

as to whether, if I stopped making my normal payments to AES until the application was processed, I

would be reported past due to the credit bureaus.  She assured me time and time again that I would be

placed in forbearance, from that day forward until the application process was finalized, and that I

would not need to make any further payments to AES until the application was processed.  And, further,  

that no negative reporting would take place to my credit bureaus during that time.

Those statements made by AFBC’s sales representative turned out to be patently false.  And, although

AFBC was, ultimately, able to get my application for Income Based Repayment, approved, I was reported

as (60) and (90) days past due during this process to the major credit bureaus.  This is especially injurious

to my credit‐worthiness due the fact that I was pre‐qualified for mortgage, prior to these negative

reports and will be starting construction under the builders credit line in nest month or so.  I’m very

concerned that these negative marks may prevent me from closing when my home is finished.   

I have disputed these negative reports to AES several times and have documented that I was grossly

mislead by a third party company, who operates on the fringes of the law, but can appear to have an

official standing within the  student loan, lender/loan servicing community.   So far, none of these

disputes have been successful.   

Because, I was, basically misinformed and mislead into believing that my account was in forbearance‐‐ 

by a possibly fraudulent third party‐‐I have begged and pleaded with AES to remove the past due marks

in lieu of the circumstances.  AES did, in fact, retroactively place me in forbearance, from 11/20/13

through 03/31/14 once the IBR application was approved.  I pointed this out to AES and they said that

the credit reporting took place prior to them approving the forbearance and, that as such, the reporting

was accurate at that time.  Prior to these past due reports, I had not been reported past due by AES for

well over two or three years.  I would have never ignored making payments if I had known in any way

that I would jeopardize my credit score.

Last, I made several inquiries to AES during the time my IBR application was being processed, with

regard to my past due reports‐‐which I had been made aware of‐‐ and they insured me, that once the

IBR application was approved, all the past due reporting would be removed.   So far, AES has still been

reluctant to remove the marks on my credit.  I know that my situation cannot be an isolated incident as

Emerson Attachment B - 1

Case 4:18-cv-00806-SBA Document 31-2 Filed 03/02/18 Page 2 of 3
many other customers must have been the victim of the same type of unscrupulous players now

infiltrating this market place.   

If there is anything you office can do to set this right, I would greatly appreciative.   

Regards,

Sean Emerson

Emerson Attachment B - 2

Case 4:18-cv-00806-SBA Document 31-2 Filed 03/02/18 Page 3 of 3