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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 LIBERTY 

HOLTON IN SUPPORT OF 

FEDERAL TRADE COMMISSION’S 

MOTION FOR PRELIMINARY 

INJUNCTION

Case 4:18-cv-00806-SBA Document 35 Filed 03/02/18 Page 1 of 2

DECLARATION OF LIBERTY HOLTON IN SUPPORT OF FEDERAL TRADE 

COMMISSION’S MOTION FOR PRELIMINARY INJUNCTION

 4:18-CV-00806-SBA
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DECLARATION OF LIBERTY HOLTON 

1. My name is Liberty Holton. I am a paralegal specialist for the Federal Trade 

Commission. As an FTC paralegal, my duties include investigating persons or companies 

suspected of engaging in deceptive practices in violation of the Federal Trade Commission Act 

and other laws or rules enforced by the FTC. The following statements are within my personal 

knowledge and if called as a witness I could and would competently testify thereto. 

2. On February 6, 2017, the FTC's Bureau of Consumer Protection authorized me to

tape record telephone conversations, preambles, and other messages during calls placed to or 

received from phone numbers associated with American Financial Benefits Center and related 

entities. 

3. On March 2, 2017, I placed an undercover call to (888) 402-4006. This toll free 

umber appeared on a student debt relief mailer. Attached hereto as Holton Attachment A is a 

rue and correct copy of my March 2, 2017 undercover call recording to (888) 402-4006. 

4. On April 25, 2017, For The Record, Inc., an independent court reporting 

ompany, provided a transcript of my March 2, 2017 undercover call. I reviewed the transcript 

or accuracy and attached hereto as Holton Attachment Bis a true and correct transcript of my 

ndercover call to (888) 402-4006. 

5. The representative who answered my March 2, 2017 call to (888) 403-4006 told 

e he would email me information about the student debt relief company he worked for. I gave 

he representative my undercover email account. On March 2, 2017, I received an email at my 

ndercover account from an Ameritech Financial email account. The email was titled "Student 

oan Relieflnfo." Attached hereto as Holton Attachment C is a true and correct copy of the 

arch 2, 2017 email I received from Ameritech Financial, with my undercover email address 

edacted. 

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

26 on Mil'/ l".f- , 2017, in Los Angeles, CA. 

27 

28 

Holton Declaration 

Case 4:18-cv-00806-SBA Document 35 Filed 03/02/18 Page 2 of 2
Holton Attachment A is in physical form only, and maintained in the case file at the Clerk’s 

office.

If you are a participant on this case, this Attachment will be served in physical form.

For information on retrieving this filing directly from the court, please see the court’s main web

site at http://www.cand.uscourts.gov under Frequently Asked Questions (FAQ). 

This Attachment was not efiled for the following reason: 

Non Graphical/Textual Computer File (audio, video, etc.) on CD or other media. 

Case 4:18-cv-00806-SBA Document 35-1 Filed 03/02/18 Page 1 of 1
Holton Attachment B

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 1 of 26
1

 OFFICIAL TRANSCRIPT PROCEEDING 

 

 FEDERAL TRADE COMMISSION 

 

 

 

 MATTER NO. 1723027 

 

 TITLE AMERICAN FINANCIAL BENEFITS CENTER 

 

 DATE RECORDED: MARCH 2, 2017 

 TRANSCRIBED: APRIL 25, 2017 

 PAGES 1 THROUGH 25 

 

 

 TELEPHONE CALL TO AMERICAN FINANCIAL BENEFITS CENTER 

 WS710083 

 

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25 (301) 870-8025 - www.ftrinc.net - (800) 921-5555

Holton Attachment B - 1

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 2 of 26
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 FEDERAL TRADE COMMISSION 

 I N D E X 

 

 RECORDING: PAGE: 

 Telephone Call 4 

 

 

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Holton Attachment B - 2

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 3 of 26
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1 FEDERAL TRADE COMMISSION 

 2 

 In the Matter of: 

 American Financial Benefit 

 Services 

3 ) 

4 ) Matter No. 1723027 

5 ) 

6 ------------------------------) 

 March 2, 2017 

 

 

 

 The following transcript was produced from a 

 digital file provided to For The Record, Inc. on April 

 6, 2017. 

 

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Holton Attachment B - 3

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 4 of 26
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 P R O C E E D I N G S 

 - - - - - 

 MS. HOLTON: My name is Liberty Holton. I 

 am a paralegal specialist with the Federal Trade 

 Commission in Los Angeles, California, and this is a 

 taping session. Today is March 2nd, 2017, and the 

 time is approximately 12:22 p.m. I am preparing to 

 call American Benefits Center. The phone number I 

 will be dialing is 1-888-402-4006. 

 

 TELEPHONE CALL FROM LIBERTY HOLTON 

 RECORDING: This call may be recorded for 

 quality and training purposes. Thank you for calling. 

 To speak with an account specialist regarding an 

 important notice you’ve received, please stay on the 

 line. Thank you for your patience. The next 

 available representative will be with you shortly. 

 RECORDING: Hold for the next available 

 agent. 

 (On-hold music.) 

 SHANE: Good afternoon. This is Shane. How 

 can I help you? 

 MS. HOLTON: Hi, Shane. 

 SHANE: Mm-hmm. 

 MS. HOLTON: I received a postcard in the 

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Holton Attachment B - 4

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 5 of 26
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 mail, and I wanted to get more information on student 

 loan payment reduction. 

 SHANE: Sure, I can help you with that. Is 

 there a reference number on there that you can read 

 off for me, please? 

 MS. HOLTON: Well, I don’t have it with me. 

 I’m currently at work. 

 SHANE: Gotcha, okay. What is your first 

 name, please? 

 MS. HOLTON: . 

 SHANE: All right, and the spelling of your 

-

 last name, please? 

 MS. HOLTON: [sic], . 

 SHANE: Okay. And you said 

- -

--, L 

 1111 

 MS. HOLTON: That’s correct. 

 SHANE: Okay. All right. And what -- what 

 state are you in, ? 

 MS. HOLTON: I’m sorry? Los Angeles. 

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 SHANE: What state are you in? 

 MS. HOLTON: Oh, California. California. 

 SHANE: California, gotcha, okay. 

 Is that nice, California? 

 MS. HOLTON: I’m sorry? Los Angeles, 

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25 California, sir. For The Record, Inc. (301) 870-8025 - 

26 www.ftrinc.net - (800) 921-5555

Holton Attachment B - 5

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 6 of 26
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 SHANE: Los Angeles, okay. Well, we have 

 two here, one in Van Nuys and then the 

 other one -- anyhow, I’ll just -- I’ll jump right to 

 it and let you know why you got the letter. So the 

 reason you got the notification is because the federal 

 loans that you have in your name may be eligible to 

 take advantage of benefits that are being offered 

 through the Department of Education for payment 

 reduction and potential loan forgiveness. Okay? 

 MS. HOLTON: Okay. 

 SHANE: So, essentially, the repayment plans 

 are designed to make your student loan debt more 

 manageable by reducing your monthly payment. And what 

 happens is after you make a series of what they call 

 qualified minimum payments, okay, that’s going to be 

 decided by the Department of Education based on 

 qualifiers. 

 After making a series of qualified minimum 

 payments for either 10 or 25 years, depending on the 

 program you qualify for, any remaining balance is what 

 may be eligible for forgiveness by the Department of 

 Education, after you’ve satisfied those payments. 

 Okay? 

 MS. HOLTON: Okay. 

 SHANE: So what we do -- the reason we sent 

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Holton Attachment B - 6

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 7 of 26
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 you the notification is because we work with our 

 clients directly, and we prepare the application for 

 them, we help them fill out all the federal 

 documentation, and then, ultimately, we submit the 

 package to the Department of Education on your behalf. 

 Okay? 

 MS. HOLTON: Okay. 

 SHANE: So, essentially, just for the sake 

 of time, I’ll just kind of cut right down to it. I 

 understand you’re at work, so I don’t want to suck up 

 too much of your time. 

 MS. HOLTON: Thank you. 

 SHANE: I’ll just ask you a few questions to 

 determine if you might qualify and figure out what 

 benefits are available, and we can just kind of go 

 from there. 

 MS. HOLTON: Sure. 

 SHANE: All right. So we have your home 

 address here of ? 

 MS. HOLTON: No. It’s . 

 SHANE: Okay. Is one or two 

 words? 

 MS. HOLTON: is one word. 

 SHANE: Okay. And you said the city was Los 

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25 Angeles, correct? For The Record, Inc. (301) 870-8025 - 

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Holton Attachment B - 7

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 8 of 26
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 MS. HOLTON: That’s correct. 

 SHANE: Okay. We’re in the same time zone. 

 We’re in Sacramento. 

 MS. HOLTON: I’m sorry? 

 SHANE: Not too far. I said same time. 

 We’re in Sacramento. 

 MS. HOLTON: Oh, great. 

 SHANE: All right. And the phone number 

 you’re calling in on, is that the best number to reach 

 you at generally, or do you have another one you 

 prefer to put on file. 

 MS. HOLTON: It’s -- what do you have on -- 

 that’s showing there? 

 SHANE: . 

 MS. HOLTON: That’s correct. That’s a good 

 number. 

 SHANE: Okay. Okay. All right, so 

 (inaudible) do you have an idea of about how much you 

 owe in federal student loans exactly? 

 MS. HOLTON: Let me see -- 

 SHANE: We have an estimate of about 42,000, 

 and I just wasn’t sure if that was correct. 

 MS. HOLTON: It’s -- around that area, yes. 

 SHANE: Okay. And what are your monthly 

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25 payments currently? For The Record, Inc. (301) 870-8025 

26 - www.ftrinc.net - (800) 921-5555

Holton Attachment B - 8

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 9 of 26
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 MS. HOLTON: Currently, I am paying about 

 350. 

 SHANE: Okay. And do you by chance know who 

 your loan servicer is? 

 MS. HOLTON: Yes, it’s Navient. 

 SHANE: Okay. And as far as you’re aware, 

 all of your loans are current, nothing is delinquent 

 or in default, correct? 

 MS. HOLTON: That’s correct. 

 SHANE: Okay. All right, and then what is 

 it that you do for a living? What’s your occupation 

 title? 

 MS. HOLTON: Well, I work for a private 

 company, entertainment, in marketing. 

 SHANE: Is that your job title, 

 entertainment and marketing? 

 MS. HOLTON: Yes. 

 SHANE: Okay. All right, and the name of 

 the employer you work for? 

 MS. HOLTON: I’m sorry? 

 SHANE: The name of your employer? 

 MS. HOLTON: Well, I -- I didn’t want to 

 disclose too much information until I get more info on 

 -- regarding this company. 

 SHANE: Okay. Well, what would you -- what 

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Holton Attachment B - 9

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 10 of 26
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 would you like to know? I apologize. I don’t mean to 

 -- 

 MS. HOLTON: Yeah. 

 SHANE: -- I don’t mean to sound short or 

 anything like that. We’re just exceptionally busy 

 here, and we have a very, very high volume of -- of 

 individuals that call in. So the process that we have 

 is very streamlined, and it’s very -- it’s very -- 

 MS. HOLTON: Okay. Well, I’m trying to 

 figure out -- 

 SHANE: -- strategic, so to speak, so if you 

 need -- so if you need more time to -- to think about 

 it or research the company, I’d be more than happy to 

 send you an email with some (inaudible) links that we 

 have to AFSLR, which is the Association for Student 

 Loan Relief. It’s an organization. It’s a nonprofit 

 organization that backs us up as far as what we do and 

 who we are. 

 You can read some articles in regards to one 

 of our certified associations, actually a multitude of 

 them. We’re also recommended by the College Investor. 

 If you’ve never heard of them, it’s a publication that 

 basically helps guide and direct college students or 

 graduates in terms of how to get loan relief and 

 things of that nature, basically educate people on 

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Holton Attachment B - 10

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 11 of 26
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 things they weren’t educated about. So let’s go that 

 route because at this point I just -- I don’t want to 

 make anybody feel uncomfortable about anything that 

 we’re doing, and if you’re not willing to divulge 

 employment information, then you’re definitely not 

 going to want to give me anything else regarding -- 

 MS. HOLTON: Well, I -- I’m just checking to 

 see -- 

 SHANE: -- figuring out whether we can help 

 you or not, so -- 

 MS. HOLTON: Okay. Shane, what -- basically 

 what I’m trying to get info on is what sort of program 

 am I qualified for. 

 SHANE: I’m sorry, your phone was a little 

 muffled. Do you mind repeating that? 

 MS. HOLTON: Oh, I’m sorry. What sort of 

 program am I qualified for? 

 SHANE: Well, essentially, that’s why I’m 

 going through the questionnaire that I am now, to 

 figure that out. 

 MS. HOLTON: Well, with the information that 

 I gave you, the loan amount -- 

 SHANE: Well, I still need -- yeah, so 

 there’s a few other things that I still need in order 

 to figure out what you qualify for. These -- and mind 

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Holton Attachment B - 11

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 12 of 26
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 you, these are not our programs, okay? These are 

 federal programs, so there’s a mandate that we have to 

 follow in order to figure out what somebody qualifies 

 for. 

 So that’s just -- that’s unfortunately just 

 the way that it goes. So there’s something called 

 family size that we need to discuss. We need to know 

 roughly what your income is, what your marital status 

 is, whether your spouse makes money, things of that 

 nature because these are all income-based repayment 

 programs. 

 MS. HOLTON: Oh, okay. 

 SHANE: So they’re offered through the 

 federal government, so that’s -- that’s how this 

 works. 

 MS. HOLTON: Okay. 

 SHANE: So we also have to make sure, you 

 know, of certain things. The reason we ask for 

 employment information is because depending on the 

 type of industry and the type of employment that you 

 have, you may qualify for additional benefits, all of 

 which, you know, I’m not just -- not just going to 

 throw numbers at you and -- and hope that you like 

 what -- what we have to say and build fluff. That’s - 

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Holton Attachment B - 12

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 13 of 26
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 So as I mentioned, you know, we -- we also 

have a reputation to uphold as far as reliable 

information being given. 

 MS. HOLTON: Okay. 

 SHANE: So I’ll tell you what, what’s the 

best email that you have, and I can go ahead and just 

shoot you over some information, give you some 

opportunity to do some research. 

 MS. HOLTON: Okay. 

 SHANE: And if you have any questions, write 

them down, and if you feel necessary, go ahead and 

give me a call back. 

 MS. HOLTON: Okay. 

 SHANE: And I can be more than happy to go 

from there with you. 

 MS. HOLTON: Okay. Oh, I -- oh, geez, I 

need to get the information soon so that I can talk to 

my husband in terms of what I can do with this loan. 

Okay. 

 SHANE: Okay, well, how about this, I’ll 

tell you what. Because I have -- I have about seven 

other calls in my queue, and I apologize to rush you, 

but I just -- like I said, I got to kind of keep the 

ball rolling here. Do you have a pen and paper, I’ll 

go ahead and give you my direct information and the 

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Holton Attachment B - 13

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 company’s name, and you can go ahead and research us 

 on your own at a later date and time. 

 MS. HOLTON: So if you were to -- okay. If 

 you need my company name, I -- I work for Paramount 

 Pictures. Does that help? 

 SHANE: Sure. That’s fine. But -- but like 

 I said, , I’ll just go ahead and give you my 

 information. 

-

 MS. HOLTON: Sure. 

 SHANE: Give you an opportunity to speak 

 with your husband and do some research on the program. 

 We’ll give you some links to government websites that 

 you can go to and just build your knowledge a little 

 bit better, and that way I’ll also give you an 

 opportunity, if you have any questions later on, we 

 can address those at that time. 

 MS. HOLTON: So I still have additional 

 questions, though. 

 SHANE: Mm-hmm, sure. 

 MS. HOLTON: Is this a government agency? 

 SHANE: No. No, absolutely not. We’re a 

 standalone, third-party service, very much like the 

 company that you make a payment to now, Navient. 

 They’re not affiliated with the government or the 

 Department of Education either. As a matter of fact, 

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Holton Attachment B - 14

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 they’re a third-party, for-profit debt collector 

 that’s been contracted by the Department of Ed to 

 retain payment from you. 

 So because how -- how this works, the reason 

 that loan servicers even exist is because there’s not 

 enough financial resources within the federal 

 government to delegate to collect debt, so they hire 

 out these companies and pay them, you know, a service 

 fee for doing what they do. 

 MS. HOLTON: Hmm. 

 SHANE: The service fee is essentially the 

 interest that you -- that you pay on your loan, goes 

 to Navient, and the remainder goes to the Department 

 of Education towards your loans. 

 MS. HOLTON: Oh, okay. Well, geez. So -- 

 so currently I am paying around 350 for my loan 

 payment with Navient. Is there any way -- I mean, I’m 

 just kind of curious in terms of what my cost, if I 

 was to -- 

 SHANE: Right, right. And that’s -- that’s 

 what I was getting into. The questions that I asked 

 you -- 

 MS. HOLTON: Oh, okay. 

 SHANE: -- are -- there’s a strategy to it. 

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Holton Attachment B - 15

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 SHANE: So -- 

 MS. HOLTON: Oh, okay. Let’s -- 

 SHANE: -- (inaudible) -- so if there’s -- 

 you know, if you’re not comfortable divulging basic 

 information, then there’s no way we’ll be able to 

 figure out -- 

 MS. HOLTON: Well, I -- what sort of basic 

 information -- 

 SHANE: -- what we can do for you? 

 MS. HOLTON: -- what sort of basic 

 information do you need? Let’s -- let’s get, you 

 know... 

 SHANE: Okay. Well, I need to have an idea 

 of about what you and your husband make annually 

 individually. So we’ll start there. 

 MS. HOLTON: Well, I make around -- sheesh, 

 $110, okay, annually. 

 SHANE: Yeah, annually? 

 MS. HOLTON: Mm-hmm. 

 SHANE: I’m -- I’m sorry, I didn’t get that 

 number for you. 

 MS. HOLTON: Yes. Yes. 1 1 0. 110. 

 SHANE: Gotcha. All right. And do you have 

 an idea of about how much your husband makes annually? 

 MS. HOLTON: My husband, I believe is maybe 

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Holton Attachment B - 16

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 around -- last time -- 80,000. 

 SHANE: Okay. And -- and you guys obviously 

 file your taxes jointly, correct, together? 

 MS. HOLTON: Yes. 

 SHANE: Okay. All righty. Well, I can tell 

 you -- I can tell you right now that because you guys 

 file your taxes jointly and your income is so 

 significant, the -- this program is really not going 

 to yield any sort of a benefit to you. The number I 

 have here right now -- and remember, these programs 

 are based on income, okay? So it has nothing to do 

 with, you know, anything else aside from primarily 

 income. So the number that is pulling up right now, 

 just based on your income, not combined income, is a 

 payment of 1,834.65, which provides zero benefit to 

 you if you’re already paying $350 a month. 

 MS. HOLTON: Hmm. Wow. 

 SHANE: So that -- yeah, so that -- that 

 absolutely makes no sense. The only other way to -- 

 so there’s one other option here, and even with this 

 option being at its maximum potential, you’re still 

 looking at a payment of about $765 per month, so even 

 then. So there’s two primary -- three primary things 

 that these programs go off of. One is your income, 

 and the other is your type of employment, and then the 

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Holton Attachment B - 17

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 18 of 26
18

 third is something called family size. 

 Now, family size, according to the 

 Department of Education, is very different than what 

 the IRS considers family size, okay? So when you’re 

 filing your taxes, your family size would pertain to 

 only your spouse and your dependents. Well, according 

 to the Department of Education, when they mean the 

 word family size, what they mean by that is anybody 

 that receives a form of help, aid, assistance, or 

 support from you and/or who may be living with you in 

 addition to your dependents. Okay? 

 Now, the maximum number that the Department 

 of Education allows for any one single individual or a 

 couple to state is the number 14. That’s the highest 

 that they’ll go. Or that’s the highest that they’ll 

 allow you to state that you help, okay? So just 

 running the numbers with a -- if you and your husband 

 were to file your taxes separately and we were just 

 going off of your $110,000 annual income -- 

 MS. HOLTON: Mm-hmm. 

 SHANE: -- with a family size of 14, you’re 

 still looking at a payment of 775.64 per month. So in 

 which case obviously provides no -- no financial 

 benefit or relief to you. So, you know, in that case, 

 this program would absolutely not be a good fit for 

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Holton Attachment B - 18

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 19 of 26
19

 you. 

 MS. HOLTON: Great. Well, hmm. 

 SHANE: So, quite honestly, your best would 

 just be stay doing what you’re doing. Well, here’s -- 

 here’s also the other downside, okay? Because you 

 work -- because you don’t work for a nonprofit or a 

 publicly funded organization, okay, you wouldn’t -- 

 you would qualify for a 25-year repayment program, 

 okay? The program -- the payment program you’re in 

 right now, making a $350 payment on this $42,000 loan 

 roughly, you’re on a ten-year repayment term. So that 

 would be the other downside. 

 And it wouldn’t make sense for us to put you 

 in a program that extends out your loan term for 15 

 additional years. That -- that in itself is not 

 providing a benefit to our client. So that -- that in 

 itself isn’t -- isn’t helping you in any way, shape, 

 or form, aside from the amount of income that you 

 make. 

 So to be quite frank with you, I think that 

 the situation you’re in right now is probably going to 

 be the best opportunity that you have for these loans. 

 MS. HOLTON: Hmm, okay. Hmm. All right. 

 Okay, Shane. I guess that’s the best. I guess 

 there’s nothing else you guys can do for me, then. 

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Holton Attachment B - 19

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 20 of 26
20

 Okay. Hmm. Well, thank you so much for your call. 

 SHANE: All right, well -- yeah, of course. 

 You’re very welcome. I apologize that we weren’t able 

 to do more for you, but if you ever have any questions 

 or comments, concerns about anything, you know, down 

 the road, please feel free to give us a call back. 

 We’re always willing to help out in any way that we 

 can. 

 If there’s anyone else that you know that 

 might be in a financially stressful situation and 

 maybe not able to afford their payment, or maybe 

 they’re just out of school and kind of getting their 

 feet wet with their new career or what have you, you 

 know, we -- we would love the opportunity to try and 

 help them out and to educate them and keep them out of 

 hot water. 

 MS. HOLTON: Mm-hmm, I see. Okay, you know, 

 your postcard, when I saw it, which I left at home, 

 there’s a BBB-approved -- are you guys approved by 

 BBB? 

 SHANE: No. Well, that’s actually a really 

 good question. I’m glad you asked because here’s the 

 thing. As of last July, we discontinued our 

 involvement with the Better Business Bureau. 

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26 870-8025 - www.ftrinc.net - (800) 921-5555

Holton Attachment B - 20

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 21 of 26
21

 SHANE: Simply because -- and this is what 

 we found out through -- and we were a long-time member 

 of the Better Business Bureau -- until they basically 

 told us that they -- we -- we currently service over 

 32,000 clients in the United States alone, okay, so 

 we’re very widespread, service a very widespread 

 business. And we’re very well known in the community 

 of document preparation and student aid relief and all 

 that kind of stuff. 

 The way that the Better Business Bureau 

 works is, one, they’re not one corporate entity, and 

 they’re individually -- it’s a franchise. So it’s 

 individually ran by region and by area, okay? Well, 

 the Better Business Bureau that we were registered 

 with in our local area basically told us -- and this 

 is the way that the BBB works -- is someone can have 

 terrible service, they can provide horrible -- they 

 can have horrible reviews and still be registered with 

 an A-plus rating because they paid for one. 

 Now, that didn’t match up with our business 

 ethics, and we didn’t feel comfortable paying more 

 money to have an A-plus rating, because that’s false. 

 And we would rather let our clients and our service 

 and our reputation serve best as far as how we perform 

 and how people are satisfied with our business. So as 

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26 The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555

Holton Attachment B - 21

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 22 of 26
22

 of last July, we discontinued our involvement with the 

 Better Business Bureau for that reason, among other -- 

 other reasons. Them telling us that unless we pay a 

 higher fee amount, they’re not going to give us a 

 better rating is, I guess, to my knowledge, 

 technically extortion. 

 MS. HOLTON: Aah. 

 SHANE: So we -- we chose -- we chose to 

 discontinue our service with them -- 

 MS. HOLTON: Okay. 

 SHANE: -- for that reason. On good terms, 

 no hard feelings, just didn’t agree with the way that 

 they did business, so... 

 MS. HOLTON: Okay. So, okay, now -- okay, 

 great. Thank you for that info. When -- I -- can you 

 still send me some info regarding your company by -- 

 SHANE: Yeah. 

 MS. HOLTON: -- I can give you my email. 

 SHANE: Sure. I would be more than happy 

 to. 

 MS. HOLTON: Thank you. 

 SHANE: What’s the best email for you? 

 MS. HOLTON: Is 

 @yahoo.com. 

 SHANE: Okay. Yeah, I can go ahead and send 

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Holton Attachment B - 22

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 23 of 26
23

 you some just basic information with some links to 

 TheCollegeInvestor.com, which is a online publication 

 that talks about student loan forgiveness and the 

 industry leaders and it talks a little bit about how, 

 you know, consolidating your student loans works and 

 how these programs work. I’ll also send you a link in 

 there to -- we’re accredited with the Association for 

 Student Loan Relief, which stands for -- the acronym 

 is AFSLR, and they are the leading association for 

 professionals associated with the sole purpose of 

 assisting Americans’ burden with this type of -- this 

 type of debt. Okay? 

 MS. HOLTON: Okay, okay. 

 SHANE: So I’ll include that link in there 

 and you can read up on them and all that kind of good 

 stuff, so -- 

 MS. HOLTON: Okay, thank you. 

 SHANE: -- but please, you know, like I said 

 -- what’s that? I’m sorry. 

 MS. HOLTON: Thank you so much. And thank 

 you for -- for your time, Shane. 

 SHANE: You’re very, very welcome. Sure, 

 absolutely, not a problem at all. 

 MS. HOLTON: Great. Thank you. I’ll be 

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25 looking forward to your email. For The Record, Inc. 

26 (301) 870-8025 - www.ftrinc.net - (800) 921-5555

Holton Attachment B - 23

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 24 of 26
24

 SHANE: All right. Sounds good, . 

 MS. HOLTON: Okay. You, too. 

 SHANE: Take care. 

 MS. HOLTON: You, too. Bye-bye. 

 SHANE: Bye-bye. 

 (The call was concluded.) 

 MS. HOLTON: This concludes the taping 

 session. 

 (The recording was concluded.) 

 

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26 (800) 921-5555

Holton Attachment B - 24

-

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 25 of 26
25

 CERTIFICATE OF TRANSCRIPTIONIST 

 

 

 I, Sara J. Vance, do hereby certify that the 

 foregoing proceedings and/or conversations were 

 transcribed by me via CD, videotape, audiotape or 

 digital recording, and reduced to typewriting under my 

 supervision; that I had no role in the recording of 

 this material; and that it has been transcribed to the 

 best of my ability given the quality and clarity of 

 the recording media. 

 I further certify that I am neither counsel 

 for, related to, nor employed by any of the parties to 

 the action in which these proceedings were 

 transcribed; and further, that I am not a relative or 

 employee of any attorney or counsel employed by the 

 parties hereto, nor financially or otherwise 

 interested in the outcome of the action. 

 

 

 DATE: 4/25/17 

 SARA J. VANCE, CERT 

 

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26 (800) 921-5555 

Holton Attachment B - 25

Case 4:18-cv-00806-SBA Document 35-2 Filed 03/02/18 Page 26 of 26
Holton Attachment C

Case 4:18-cv-00806-SBA Document 35-3 Filed 03/02/18 Page 1 of 4
File Ed it View Favorites Tools Help 

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address to get all your email in one place 

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and easy-to-use app for iOS or Android 

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Case 4:18-cv-00806-SBA Document 35-3 Filed 03/02/18 Page 2 of 4
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Student Loan Relief Info 

Shane Banning <shane.banning@ameritechfinancial.com > Today at 12:46 PM 

To 

This message co ntains b locked images. Show Images Change this setting 

Hi -

Below are links and information regarding student loan repayment and forgiveness options. The following message will contain links verifying our credibility & hopefully give you piece of mind in knowing, you're dealing with thee industry leader in student loan assistance. 

The College Investor personally recommends our company as a trusted source of student loan forgiveness help. 

http:1/thecollegeinvestor.com/ 16429/is-your-student-loan- repayment-company-a-scam/ 

http:1/thecollegeinvestor.com/ 11616/consolidate-your- student-loans/ 

We are acc redited with the Association for Student Loan Relief ( AFSLR ) the leading association of professionals associated with the sole purpose of assisting Americans burdened with student loan debt 

http:l/www.afslr.org 

I have been certified with the International Association of Professional Debt Arbitrators ( IADPA) as a Certified Student Loan Specialist. As such, I professionally advise consumers on student loan debt relief. 

http:l/www.iapda.org/search. php 

What we do is simple, maximize your savings, prepare and file all the required documentation and keep you on track for loan forgiveness. 

www.amerilechfinancial.com 

I can be reached direc tly at 916-585-8393 

-- Very best 

Shane Banning 

Ameritech Financial 

Direct Line: (916) 585-8393 

Email: shane.banning@ameritechfinancial.com 

1101 Investment Blvd. Suite 290 

El Dorado Hills, CA 95762 

Phone: (800) 792-8621 

Fax: (866) 818-9026 

Referral Program: refer.ameritechfinancial.com 

Customer Service: customer.service@ ameritechfinancial.com 

Submit Documents: income.doc@ ameritechfinancial.com 

Web: www.ameritechfinancial.co m 

Our Client Promise: 100% Client Satisfaction -100% of The Time 

NOTICE: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the designated recipient(s) named above. If the reader of this 

message is not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly • __ I .1. L • _ _ ' I _ _ 1.' I _ _ ' I ' _ .1. _ I . I _ I _ ' I ___ I _I _ I _ .1. _ .1. L _ I I' _ _ I _I ' _ .1..1. __ I _ 1. _ \ A II _ --1. • _ • -- _ .a _ ' _ A ' 

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Case 4:18-cv-00806-SBA Document 35-3 Filed 03/02/18 Page 3 of 4
Attachment C - 3

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Student Loan Relief Info 

-· Very best 

Shane Banning 

Ameritech Financial 

" 

Direct Line: (916) 585-8393 

Email: sha ne.banni ng@ameritechfinancial.com 

1101 Investment Blvd. Suite 290 

El Dorado Hills, CA 95762 

Phone: (800) 792-8621 

Fax: (866) 818-9026 

Referral Program: refer.ameritechfinancial.com 

Customer Service: customer.service@ameritechfinancial.com 

Submit Documents: income.doc@ameritecnfinancial.com 

Web: www.ameritechfinancial.co m 

Our Client Promise: 100% Client Satisfaction -100% of The Time 

NOTICE: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the designated recipient(s) named above. If the reader of this 

message is not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly 

prohibited. If you received this communication in error, please notify us immediately by reply e-mail, and delete the original message (including attachments). All participants in Ameritech 

Financial's referral program must agree to the Terms & Conditions of the program, reviewable at refer.ameritechfinancial.com. 

Move Delete Spam More 

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- --- - -- - ---- ---- - -- - -, . •a . ~ - • ~ t.;;J 1:32 PM 

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Case 4:18-cv-00806-SBA Document 35-3 Filed 03/02/18 Page 4 of 4