Consumer complaint received 2023-02-10 00:00:00
Product: Student loan — Federal student loan servicing
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Maximus Federal Services, Inc.
State: MA

Complaint narrative:
Under penalty of perjury XXXX XXXX XXXXComplainant hereby respectfully seeks immediate Department of Education-Maximus/Aidvantage official's/s ' express signed and dated letter rescinding ( EXHIBIT 1. ) letter ( postmarked XXXX XX/XX/XXXX ), demanding repayment of XXXX " XXXX original principal, XXXX unpaid principal, XXXX interest rate '' student loan. ( EXHIBIT 1. page two, loan text box ). 

Complainant/XXXX  XXXX XXXX repaid all/100 % XXXX existing student loans via Standard Repayment Plan ( 10 years equal monthly payments made to servicers, XXXX  and XXXX XXXX ). PAID-IN-FULL letters from both XXXX ( dated XXXX XX/XX/XXXX, EXHIBIT 5. ) and XXXX XXXX ( dated XXXX XX/XX/XXXX, EXHIBIT 4. ) are attached. Paid-In-Full 100 % Complainant 's loans are reiterated in National Student Loan Data System/NSLDS. Complainant/XXXX  XXXX XXXX is a licensed attorney  since XXXX. Department of Education-Maximus/Aidvantage 's per se fraudulent- and extortionate allegation ( EXHIBIT 1. ) of nonpayment of said " cancelled, XXXX total balance '' student loan left unchallenged, may wrongfully subject XXXX XXXX XXXX to unnecessary and costly litigation to counter possible loss of license to practice law. 

TIMELINE OF DEPARTMENT OF EDUCATION-MAXIMUS/AIDVANTAGE CONTACT XXXX XXXX XXXXone federal student loan was " cancelled, '' " XXXX [ disbursed ], '' " XXXX total balance, '' " XXXX principal, '' " XXXX interest, '' " XXXX amount remaining '' ( EXHIBIT 2. Copy of NSLDS record for said loan ). 

XXXX XXXX XXXX-Department of Education-Maximus/Aidvantage interstate mailed Complainant a letter providing a XXXX repayment account number re said " 2010-cancelled, XXXX total balance, XXXX amount remaning '' loan, repeatedly requesting said loan 's repayment ( EXHIBIT 1. ). 

XXXX XXXX XXXX-Complainant received EXHIBIT 1. Department of Education-Maximus/Aidvantage `` cancelled '' loan repayment demand letter. 

XXXX XXXX XXXXComplainant phoned Maximus/Aidvantage information telephone number, XXXX, shown in EXHIBIT 1. page 1, right column. The first two calls to said information number were robo-answered. After Complainant provided answers to multiple robo-queries and was told " immediate transfer to live Customer Service Representative , '' said calls resulted in Aidvantage prompt hangups. At about XXXX XXXX, a third  phone call was answered by Aidvantage Customer Service Representative, " XXXX XXXX, '' who asked Complainant repeatedly to establish an online Aidvantage auto-payment account with unlimited email- and cell phone contact. When Complainant explained that said Aidvantage account and demand letter for AIDVANTAGE-ADMITTED-XXXX-balance student loan 's repayment ( EXHIBIT 1, page 2, last line ) was unlawful extortion of a debt I [ XXXX XXXX XXXX ] did not owe , XXXX XXXX advised in words to the effect " to just ignor said EXHIBIT 1. demand letter. '' XXXX XXXX categorically denied Complainant 's request for Department of Education-Maximus/Aidvantage to provide a letter stating that XXXX XXXX XXXX did not owe said demanded payment ( EXHIBIT 1. ) of cancelled 13-year-old-XXXX-balance loan. 

COMPLAINANT RESPECTFULLY ASSERTS THAT DEPARTMENT OF EDUCATION-MAXIMUS/AIDVANTAGE ACTIONS DESCRIBED HEREIN ARE UNQUESTIONABLY UNLAWFUL AND MUST IMMEDIATELY BE EXPRESSLY RESCINDED PER HEREIN " REMEDY '' REQUESTED : A. EXTORTION LEGAL ELEMENTS ARE HEREBY RESPECTFULLY ASSERTED MET BY DEPARTMENT OF EDUCATION-MAXIMUS/AIDVANTAGE REPAYMENT DEMAND OF `` CANCELLED/XXXX AMOUNT REMAINING '' STUDENT LOAN ( EXHIBIT 1. ) : Department of Education-Maximus/Aidvantage acts herein described meet all the elements of extortion under color of law ( 18 U.S.C.872 ), per se attempted extortion : The offense committed by a public official [ here, Maximus/Aidvantage, federal student loan servicer ( s ) acting for Department of Education ] who illegally demand property [ here, complainant 's repayment of cancelledXXXX balance federal student loan ] under color of office [ here, Department of Education, EXHIBIT 1. page 3 ] esp . an official 's collection of an unlawful fee [ here, student loan repayment of " cancelled, '' " zero balance federal student loan '' ] ( Black 's Law Dictionary 623 ( 8th ed. 2004 ) ). Department of Justice notes that re 18 U.S.C. 242. Deprivation of [ Civil ] Rights Under Color of Law : acts under " color of law '' include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official 's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. [ emphasis added ] https : //www.justice.gov/crt/deprivation-rights-under-color-law, last viewed XXXX XX/XX/XXXX. 

B. FRAUD LEGAL ELEMENTS ARE HEREBY RESPECTFULLY ASSERTED MET BY DEPARTMENT OF EDUCATION-MAXIMUS/AIDVANTAGE " CANCELLEDXXXX BALANCE '' STUDENT LOAN REPAYMENT DEMAND LETTER ( EXHIBIT 1. ) : Black 's defines the elements of fraud : " [ a ] Knowing misrepresentation of the truth or [ b ] concealment of a material fact [ c ] to induce another to act to his or her detriment. '' ( Black 's Law Dictionary 685 ( 8th ed. 2004 ) ). 

Here, all the elements of knowing and willful/intentional fraud are met by Maximus/Aidvantage 's express demand for payment of a XXXX " cancelled '' ( EXHIBIT 2. NSLDS ) student loan. The NSLDS ( EXHIBIT 2. ) record of said loan has " XXXX disbursed, '' " XXXX principal, '' " XXXX interest, '' " XXXX total balance, '' " XXXX amount remaining. '' ( a ) " MISREPRESENTATION OF THE TRUTH '' : Maximus/Aidvantage 's letter clearly demands said " cancelled '' loan repayment ( EXHIBIT 1. page 1 ) : " Ways you can pay '', " Account #, '' '' Date XX/XX/XXXX, '' " Manage your account online, '' etc. 
( b ) " OR, CONCEALMENT OF A MATERIAL FACT '' : ( i ) Maximus/Aidvantage knew or should have known that said cancelled loan had " XXXX disbursed, '' " XXXX principal, '' " XXXX total balance, '' " XXXX amount remaining '' ( EXHIBIT 1. page 2 bottom textbox loan summary ; and EXHIBIT 2. NSLDS loan record copy ). ( ii ) Further, Maximus/Aidvantage conspicuously omitted NSLDS " XXXX amount remaining, '' from said loan information ( EXHIBIT 1. page 2, last line textbox loan summary Maximus/Aidvantage demand letter. ) ( c ) TO INDUCE ANOTHER TO ACT TO HIS OR HER DETRIMENT : It would be ludicrous to assume that Maximus/Aidvantage would XXXX XX/XX/XXXX reopen XXXX '' cancelled '' -loan repayment-account 13 years later for Complainant ( EXHIBIT 1. ) absent Maximus/Aidvantage 's expectation of obtaining Complainant 's repayment by invoking Department of Education `` color of law, '' extortion, thereby, Department of Education Maximus/Aidvantage 's per se fraud.

C. MAIL FRAUD : 18 U.S.C. 1341. FRAUDS AND SWINDLES. HEREBY RESPECTFULLY ASSERTED MET BY DEPARTMENT OF EDUCATION-MAXIMUS/AIDVANTAGE " CANCELLEDZERO BALANCE '' STUDENT LOAN REPAYMENT DEMAND LETTER ( EXHIBIT 1. ) Maximus/Aidvantage 's said extortionate demand letter ( EXHIBIT 1., undated, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX postmarked XXXX XX/XX/XXXX, received XXXX XX/XX/XXXX ) is asserted hereby to meet all the elements of mail fraud, 18 U.S.C. 1341. Frauds and Swindles. Here, EXHIBIT 1. page 3, Maximus/Aidvantage demand letter postmark shows XXXX XXXX XXXX XXXXXXXX mail from zipcode, XXXX, XXXX XXXX, sent interstate to complainant 's zipcode, XXXX XXXX  delivery. Penalty for mail fraud may be a fine under this title or imprisoned not more than 20 years, or both. https : XXXX, last viewed XXXX XX/XX/XXXX. 

D. WIRE FRAUD 18 U.S.C. 1343. FRAUD BY WIRE, RADIO, OR TELEVISION. IS HEREBY RESPECTFULLY ASSERTED MET BY DEPARTMENT OF EDUCATION-MAXIMUS/AIDVANTAGE " CANCELLEDXXXX BALANCE '' STUDENT LOAN REPAYMENT DEMAND BY TELEPHONE ON XXXX XX/XX/XXXX ( HEREIN, " TIMELINE '' ). 

REQUESTED REMEDY : Within 20 days after Department of Education-Maximus/Aidvantage receipt of this complaint Complainant/XXXX  XXXX XXXX seeks receipt of official-signature and dated letter from Department of Education-Maximus/Aidvantage expressly rescinding specific fraudulent- and extortionate demand ( EXHIBIT 1 . ) for repayment of said cancelled, XXXX total balance federal student loan. 
Absent Complainant 's receipt within 20 days of Department of Education-Maximus/Aidvantage official 's signed and dated letter expressly specifically rescinding said unquestionably unlawful demand for said " cancelled, XXXX loan balance '' student loan repayment, Complainant will seek legal guidance from attorney ( s ) experienced in litigating 18 U.S.C. 1961-1968, including additional federal counts to those herein noted, plus Massachusetts statutory violations asserted including, but not limited to : Mass. Gen. Laws ch. 265, 25 ( XXXX ) Attempted Extortion ; Mass. Gen. Laws ch. 93L, 6-7 ( XXXX ) Student Loan Servicers : " A violation of a federal law or regulation shall be a violation of this chapter and the commissioner may investigate any such violation pursuant to section 7 [ Investigations and examinations ; confidentiality of records and reports ; suspension, revocation or refusal of renewal of license ; penalties for violation of chapter ] '' Further, Complainant will immediately provide copies of herein complaint to U.S. Senators ( EXHIBIT 3. Senators ' Signatories ) ; the XXXX  Attorney General, XXXX XXXX XXXX ; Financial Aid Officials of XXXX XXXX XXXX XXXX XXXX XXXX ( from which law  school, Complainant graduated with XXXX. ) ; and to Bar Associations of which Complainant is member. 
LIST OF EXHIBITS : EXHIBIT 1. Not dated/postmarked XXXX XX/XX/XXXX letter from Department of Education-Maximus/Aidvantage demanding repayment of `` cancelled , XXXX amount remaining '' XXXX federal student loan. ( 3 pages ) EXHIBIT 2. National Student Loan Data System ( NSLDS ) record copy for said federal student loan, " cancelled, '' " XXXX total balance, '' " XXXX principal, '' " XXXX interest, '' " XXXX amount remaining, '' referenced in EXHIBIT 1. ( 2 pages ) EXHIBIT XXXX. U.S. Senate letterhead letter, dated XXXX XX/XX/XXXX, with multiple U.S. Senators signatories, sent to Chief Executive Officer and President, XXXX XXXX XXXX, Maximus Federal Services , Inc. provides referenced historic basis for U.S. Senators ' concerns re Maximus/Aidvantage large student loans servicing contract by Department of Education . ( 5 pages ) EXHIBIT 4. XXXX XXXX Paid-In-Full letter , dated XXXX XX/XX/XXXX, sent to XXXX XXXX XXXX [ herein , ComplainantXXXX XXXX XXXX ]. ( 2 pages ) EXHIBIT 5. XXXX Paid-In-Full letter, dated XXXX XX/XX/XXXX, sent to XXXX XXXX XXXX [ herein , Complainant/XXXX XXXX XXXX ]. ( 3 Pages )

Company response to consumer: Closed with explanation