jessica martin v american education services fdcpa fcra complaint

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' ORIGINAb-- THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK JESSICA MARTIN 150 74 1 h Street, Apt 2H Brooklyn, New York 11209 -Plaintiff v AMERICAN EDUCATION SERVICES P.O. Box 2461 Attn: Legal Department Harrisburg, PA 17105-2461 -Defendant Ju Trial Demanded I JUL -7 2011 I -------------------------------------------------------------- -P.R0 SE 0 FF ICE COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT, CREDIT REPORTING ERRORS, DEFAMATION, INACCURATE ADMINISTRATIVE RECORD KEEPING, INTENTIONAL INFLICTION OF MENTAL AND EMOTIONAL DISTRESS, and DEMAND FOR JURY TRIAL and INJUNCTIVE RELIEF and PUNITIVE DAMAGES The PLAINTIFF, Jessica Martin, prose, respectfully requests this Court to issue Preliminary and Permanent Injunctive Relief and Punitive Damages. In support thereof, Plaintiff shows unto the Court as follows: This is a civil action whereby Plaintiff seeks Preliminary and Permanent Injunctive Relief and Punitive Damages from Defendant, AMERICAN EDUCATION SERVICES, and other agents, servants and employees and those acting in active concert and with actual notice thereof, from engaging in further violations of the Fair Credit Reporting Act (15 U.S.C. Chapter 41, Subchapter 3 § 1681 et. seq. (hereafter "FCRA")), An actual controversy exists between the parties, in that the challenged actions of the DEFENDANTS have caused and will continue to cause the PLAINTIFF substantial harm unless the requested relief is granted. JURISDICTION AND VENUE I. Jurisdiction of this court arises under 15 U.S.C. § 1681 p and 1692k(d) and 28 U.S.C. § 1331. Declaratory relief is available pursuant to 28 U.S.C. § 2201. 2. Venue is proper, because many of the relevant events occurred within Kings County Counties in the borough of Brooklyn, which is located within this District. 3. Plaintiff's Federal and State Law claims against the Defendants derive from a common focus of operative fact and are of such character that Plaintiff would ordinarily be expected to try them in one judicial proceeding. Consequently, this court has pendent jurisdiction over Plaintiff's State law claims against the Defendants. 4. This is an action brought by a consumer for violations of the above named Acts in connection with a credit reporting errors appearing on Plaintiffs consumer reports, the Defendants' negligent administrative credit reporting errors, and the Defendants' refusal to remove/correct inaccuracies regarding it, despite written and verbal correspondence specifYing the inaccuracies and providing information that would facilitate a reasonable reinvestigation of the matter. Thus, the plaintiff seeks damages and, to the extent possible, punitive, and injunctive relief. Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 1 of 44 PageID #: 1

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Page 1: Jessica Martin v American Education Services FDCPA FCRA Complaint

' ORIGINAb--

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

JESSICA MARTIN 150 741

h Street, Apt 2H Brooklyn, New York 11209

-Plaintiff

v

AMERICAN EDUCATION SERVICES P.O. Box 2461 Attn: Legal Department Harrisburg, PA 17105-2461

-Defendant

Ju Trial Demanded

(ffi~~~~W~[OJ I JUL - 7 2011 I

-------------------------------------------------------------- -P.R0 S E 0 F F ICE

COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT, CREDIT REPORTING ERRORS, DEFAMATION, INACCURATE ADMINISTRATIVE RECORD

KEEPING, INTENTIONAL INFLICTION OF MENTAL AND EMOTIONAL DISTRESS, and DEMAND FOR JURY TRIAL and INJUNCTIVE RELIEF and PUNITIVE DAMAGES

The PLAINTIFF, Jessica Martin, prose, respectfully requests this Court to issue Preliminary and Permanent Injunctive Relief and Punitive Damages. In support thereof, Plaintiff shows unto the Court as follows:

This is a civil action whereby Plaintiff seeks Preliminary and Permanent Injunctive Relief and Punitive Damages from Defendant, AMERICAN EDUCATION SERVICES, and other agents, servants and employees and those acting in active concert and with actual notice thereof, from engaging in further violations of the Fair Credit Reporting Act (15 U.S.C. Chapter 41, Subchapter 3 § 1681 et. seq. (hereafter "FCRA")), An actual controversy exists between the parties, in that the challenged actions of the DEFENDANTS have caused and will continue to cause the PLAINTIFF substantial harm unless the requested relief is granted.

JURISDICTION AND VENUE

I. Jurisdiction of this court arises under 15 U.S.C. § 1681 p and 1692k(d) and 28 U.S.C. § 1331. Declaratory relief is available pursuant to 28 U.S.C. § 2201. 2. Venue is proper, because many of the relevant events occurred within Kings County Counties in the borough of Brooklyn, which is located within this District. 3. Plaintiff's Federal and State Law claims against the Defendants derive from a common focus of operative fact and are of such character that Plaintiff would ordinarily be expected to try them in one judicial proceeding. Consequently, this court has pendent jurisdiction over Plaintiff's State law claims against the Defendants. 4. This is an action brought by a consumer for violations of the above named Acts in connection with a credit reporting errors appearing on Plaintiffs consumer reports, the Defendants' negligent administrative credit reporting errors, and the Defendants' refusal to remove/correct inaccuracies regarding it, despite written and verbal correspondence specifYing the inaccuracies and providing information that would facilitate a reasonable reinvestigation of the matter. Thus, the plaintiff seeks damages and, to the extent possible, punitive, and injunctive relief.

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 1 of 44 PageID #: 1

Page 2: Jessica Martin v American Education Services FDCPA FCRA Complaint

PARTIES

5. The Plaintiff is a United States Citizen residing within Kings County in Brooklyn, New York. 6. The Defendants are businesses that uses instruments of interstate commerce to facilitate the credit reporting and collecting of debts owed or asserted to be due another. 7. The Defendant AMERICAN EDUCATION SERVICES was established by the Pennsylvania Higher Education Assistance Agency to service Federal Family Education Loan Programs and private student loan products for their various lending associates. Pennsylvania Higher Education Assistance conducts its servicing as American Education Services and FedLoan Servicing. American Education Services was servicing the Plaintiff's private student loan from September 2009 to present. 8. My Rich Uncle Student Loan Company are the originators of the Plaintiff's private student loan. American Education Services, The Defendant, services and maintains the Plaintiff's student loans. The student loan was originated in November 2005. My Rich Uncle Student Loan Company became defunct and declared chapter 7 bankruptcy in 2009. Defendants American Education Services is the company servicing and receives payment, request for financial forbearance, in-school deferment, and other payment and credit reporting issues.

FACTS

9. Plaintiff received a My Rich Uncle Undergraduate Student loan on 11103/2005 of$28,125.00. 10. Since the origination of the student loan the following history has occurred:

-04117/2006: Plaintiff paid $300.00 towards principal balance and interest. -05/01/2006- Graduated with Bachelor of Arts degree in Labor and Employment

Relations. -11101/2006- Grace period ended. Student loan payment was due on 12/01/2006 -12/01/2006 through 05/3112007- Forbearance was applied to the Plaintiff's account,

suspending payments. -06/01/2007 through 11/30/2007- Forbearance was applied to the Plaintiff's account,

suspending payments. -01101/2008 through 06/30/2008- Forbearance was applied to the Plaintiff's account

suspending payments. -07/0112008 through 12/30/2008- Forbearance was applied to the Plaintiff's account

suspending payments. -01/07/2009 through 01/19/2009- An administrative forbearance was applied to the

Plaintiff's account suspending payments. -01/20/2009 through 05/04/2009- An in-school deferment was applied to the Plaintiff's

account suspending payments. -05/07/2009 through 08/31!20 I 0- An administrative forbearance was applied to the

Plaintiff's account suspending payments. -09/01/2010 through 05/3112012- An in-school deferment was applied to the Plaintiff's

account suspending payments. II. On the Plaintiff's credit report regarding the American Education Services/My Rich Uncle Student Loan the following is shown:

-30 days late: August 2008, May 2009 -60 days late: March 2008, September 2008, June 2009, July 2009 -90+ days late: April 2008, October 2008, November 2008, December 2008, January

2009, February 2009, March 2009, April 2009, August 2009, September 2009, October 2009, November 2009, December 2009, January 2010, February 2010, March 2010, April2010, May 2010, June 2010, July 2010, August 2010, September 2010.

2

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 2 of 44 PageID #: 2

Page 3: Jessica Martin v American Education Services FDCPA FCRA Complaint

12. The Defendant's customer service representatives via verbal have made assertion that the Plaintiff has failed properly submit the proper documentation for forbearance and deferment; therefore the Defendant continued to report the Plaintiff as being delinquent with payments. However they have not been able to provide proof to Plaintiff that at the time of submitting documentation that it was completed incorrectly. Plaintiff continued to submit the same documentation as suggested by Customer Service Agents until the Defendant finally acknowledge the documentation as correct and applied the forbearance/deferment on the Plaintiffs account. According to the Plaintiff, this process from her knowledge since August of 2009 has taken several months for forbearance/deferment to be applied to Plaintiffs account despite submission of paperwork and verified (according to Customer Service) eligibility. 13. Plaintiff asserts that proper documentation was sent via mail and fax to the Defendants multiple times within the deferment and forbearance prior to the deferment/forbearance period ending. The Plaintiff asserts that administrative negligence of the Defendant caused the inaccuracy of the credit reporting. The Plaintiff asserts that there is administrative negligence since the forbearance and deferments many times were applied to the Plaintiffs student loan account subsequently after initial application. The Plaintiff has substantial proof of the defendant's negligence which is evident by the Defendant's letter mailed on October 19, 2010 which indicates that the Defendant acknowledged the Forbearance for the period of 05/07/2009 to 08/31/2010, the deferment was granted 17 months after initial and correct submission of paper work from the Plaintiff and the Plaintiff's college, Adelphi University. The Plaintiff asserts that the Defendant refused to acknowledge substantial proof of credit reporting error upon request by the defendant and credit bureaus for investigation. 14. According to the Defendant, during forbearance and deferment payment are deferred with only interest accruing. During the deferment of payment late fees and payments are not assessed. According to Defendant's records, there are no record of late fees applied to the Plaintiff's account. 15. Since September of 2009, Plaintiff was made aware of credit report inaccuracies via denial of student loans due to "Student Loan Delinquency." This incurred mental and emotional injury to the Plaintiff since educational pursuits were unattainable without extraneous efforts. The Plaintiff's choice of schools were influenced due to inability to attain student loan financing. 16. Since 10/2009, The Plaintiff has contacted the Credit Bureaus in regards to the credit reporting errors of the Defendants. The Credit Bureaus contacted the Defendant; who reported that the credit reporting was correct and being reported accurately. 17. On June 8, 20 II the Plaintiff contacted the Defendant in regards to contact the credit bureaus to have the late payments deleted and reported as incorrect/administrative error to the credit bureaus; however the Defendant's continued to maliciously assert that no error was made in administrative record keeping and reporting. I sent to the Defendants a copy of the letter they sent me detailing the deferment/forbearance periods. The Defendants mailed a typed explanation dated June 08, 2011 "We determined that the information reported to each nationwide consumer re~rtin~~ was reported correctly due to a period of delinquency on the loan ... " The D ~at provided evidence that forbearance/deferement was applied for the indicated periods an~~n~edged by the Defendant via customer service agents multiple times. The .D• t il<lamantly insists that American Education Services have a faulty administrative record keeping process, incompetent credit investigation process, and maliciously refused to acknowledge the defendants request on a timely manner, ruining her credit reputation and personal and educational pursuits. 18. Since June of20!1, in preparation of the Plaintiffs of final year of pursing bachelor of science in Nursing, the Plaintiff has been rejected from receiving student loans and car loans due to the reported late payment delinquency on the Plaintiffs American Education Services/My Rich Uncle Student loan. 19. The Plaintiff made several direct attempts through verbal and written communication to

3

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 3 of 44 PageID #: 3

Page 4: Jessica Martin v American Education Services FDCPA FCRA Complaint

remedy the erroneous credit reporting issue; and several indirect attempts through the credit bureaus: Equifax, Experian, and Transunion. The Defendant rejected each attempt of reconciling and correcting the erroneous credit reporting despite facts; causing harm to credit reputation, financial and emotional distress. 20. The defendant acted in malice towards the plaintiff since despite adequate proof and documentation the Defendant refused to delete information regarding late payments asserting there was a period of delinquency on the Plaintiffs student loan that according to the Defendants own records should have never been applied to the Plaintiffs account.

COUNT 1- VIOLATIONS OF THE FAIR CREDIT REPORTING ACT

21. The allegations of paragraphs I through"JD of this Complaint are realleged and incorporated by reference. 22. American Education Services regularly and in the course of business, furnishes information to one or more consumer reporting agencies about their transactions or experiences with any consumer. 23. The Defendant, failed to review all relevant information provided by the consumer reporting agencies, pursuant to 15 U.S.C. § 1681 i (a)(2), and as required by 15 U.S.C. § 1681 s-2(b )(I )(B). 24. The Defendant, failed to adequately conduct an investigation with respect to the disputed information, as required by 15 U.S.C. § 168ls-2(b)(l) after the Plaintiffs notice of dispute was received at the offices of American Education Services. 25. The Defendant, in response to the notices of reinvestigation from the Credit Reporting Agencies, verified that the disputed information was accurate and complete on two different occasions, even though they were in possession of information which showed that the reporting were inaccurate, as required by 15 U.S.C. § !68Is-2(a)(3). The fact that this was done in response to multiple reinvestigation requests from the three Credit Reporting Agencies and the Plaintiff is evidence of willful noncompliance on the part of Collection Agency Inc.

COUNT 2- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

2" The allegations of paragraphs I through 20 of this Complaint are realleged and incorporated by reference. 2i.- The Defendants intended to and did inflict severe emotional distress upon Plaintiff by engaging in actions that belittle, confuse, mislead and threaten the educational pursuits, economic, and financial prospects for the Plaintiff. The Plaintiff has not been able to acquire credit cards, student loans, car financing, delay in educational pursuits, and experienced much difficulty acquiring housing due to the negligent actions of the Defendant.

REQUESTED RELIEF WHEREFORE, the Plaintiff respectfully requests relief as follows:

(A) For preliminary and permanent Declarative relief and Punitive Damages, enjoining all of the named Defendants and other conspirators from engaging in further violations of the Fair Credit Reporting Act. (B) For preliminary and permanent Declarative relief, enjoining all of the named Defendants and other conspirators from: I. Reporting the American Educations Services/My Rich Uncle Student loan account erroneously to Credit Reporting Agency. The removal of late payment status for the following months on the Plaintiffs credit report:

4

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 4 of 44 PageID #: 4

Page 5: Jessica Martin v American Education Services FDCPA FCRA Complaint

-30 days late: August 2008, May 2009 -60 days late: March 2008, September 2008, June 2009, July 2009 -90+ days late: April 2008, October 2008, November 2008, December 2008, January

2009, February 2009, March 2009, April2009, August 2009, September 2009, October 2009, November 2009, December 2009, January 2010, February 2010, March 2010, April2010, May 2010, June 2010, July 2010, August 2010, September 2010. (D) For an order awarding statutory damages in the following amounts: I. Against American Education Services, for violations of the Fair Credit Reporting Act (FCRA Section 623), in the amount of $28,000). $1,000 for each violation, Misreporting occurred 28 times since August of 2008.

-For an order awarding credit defamation damages in the following amounts: $450,000 past (2009-20 II), present, speculative future denial of credit regarding denial of student loans, credit cards, automobile financing, future home purchases, employment based on fair credit standing. Loss of credit reputation, Loss of enjoyment,

-Estimated Tuition and Fees+ housing (September 2009 to August 20 12)= -2009-2010=$28,000 minus Financial Assistance: $17,000 = $11,000 outstanding

college expenses unable to be covered without student loans -2010-2011=$28,000 (housing) minus Financial Assistance: $17,000= $11,000

outstanding college expenses unable to be covered without student loans -2011-2012=$32,000 minus Financial Assistance: $17,000= $15,000 outstanding

college expenses -I declined acceptance to UMDNJ School of Nursing twice since I could not afford the

tuition, fees, and housing associated with the degree program. At UMDNJ I intended to pursue the joint accelerated Bachelor of Science in Nursing and Master of Science in Anesthesia program. Tuition+ Fees= $28,000 for 15 month program Spring 2010 to Summer 2011. Masters: Estimated $30,000 for 24 month program Fall 2013 to Spring 2015. Estimated projected salary as a Certified Nurse Anesthist= $180,000 -Quality of Life further damaged:

-Have to work full-time to cover school expenses while going to school full-time, decreases prospects of academic excellence and increases mental stress and hardship.

-Denied: $15,000 car loan, which equates to $500.00 per month because of my poor credit rating, due to the misreported American Education Services/My Rich Uncle Student Loan Account.

-Speculative denial of future home purchase -Unable to attain my current apartment without the encumbrance of a co-signer.

Estimated Rent for 2009 to 2011: $24,000.00 -Denial of Credit Cards

(E) For an order awarding punitive damages as follows: Against American Education Services, in the amount of $400,000. Please take notice that the Plaintiff demands trial by jury in this action.

Legal Cases for reference:

1. Cahlin v. General Motors Acceptance Corp., 936 F.2d 1151, 1156 (lith Cir.l991) 2. Thompson v. San Antonio Retail Merchants Assoc., 682 F.2d 509, 513 (5th Cir.l982) 3. Bryant v. TRW, Inc., 689 F.2d 72, 78 (6th Cir.l982)

5

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 5 of 44 PageID #: 5

Page 6: Jessica Martin v American Education Services FDCPA FCRA Complaint

JUNE 27, 2011

IIBWNDHKB

""'-' American Education Services P.O. Box 2461 Harrisburg, PA 17105-2461 Toll-free 1-800-233-0557 • TDD 717-720-2354 Fax 717-720-3916 'lnternational717-720-3100 www.aesSuccess.org

118438 0158 8306 28L411 JESSICA MARTIN

ACCT NUMBER: 5516551110

150 74TH ST APT 2H BROOKLYN NY 11209-2239

DEAR CUSTOMER:

This letter is in response to your recent inquiry regarding the deferments and/or forbearances on your educational loan account. The effective dates of the deferments and forbearances that are currently applied to the loans listed in the LOAN INFORMATION section are listed below. We trust this information will be of assistance.

DEFERMENT/FORBEARANCE TYPE

Economic Hardship Forbearance Economic Hardship Forbearance Courtesy Forbearance School Deferment Courtesy Forbearance School Deferment

BEGIN DATE

12/01/06 01/01/08 01/07/09 01/20/09 05/07/09 09/01/10

END DATE

11/30/07 12/30/08 01/19/09 05/04/09 08/31/10 05/31/12

If you have any questions, you may contact us at the telephone number or address shown above. Loan Counselors are available ta discuss your account Monday through Friday, from 7:30a.m. to 9 p.m., ET.

Customer Service Department American Education Services

PH13163:PS060HIST 5516551110 5516551110 MR 00008111790001402

= -= -... -o= .. -.. = .. -.. !!!!!!!!!!!!!!! o--o= ... -N!!!!!!!!!!!!!!! o= .. ~ 00!!!!!!!!!!!!!!! ... !!!!!!!!!!!!!!!

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 6 of 44 PageID #: 6

Page 7: Jessica Martin v American Education Services FDCPA FCRA Complaint

OCTOBER 19, 2010

IBWNDHKB IB438 0158 8310 JESSICA MARTIN 14 DAVIS AVE PISCATAWAY NJ

19l91

08854-6007

t -}~- -

Amerlcan~catlon Services P.O. Box 2461 Harrisburg, PA 17105-2461 Toll-free 1-800-233-0557 • TDD 717-720-2354 Fax 717-720-3916 •Intemational717-720-3100 www.aesSuccess.org

ACCT NUMBER: 5516551110

DEAR CUSTOMER: ~ We have processed your de.ferment. If the deferment w s granted or adjusted, the approved dates are listed on the LOA~. DECLARfl TION. Dunng deferment, interest will a crue on the unpaid principal balance. Depending on your specifiC loan program, you may be required to pay the nthly accrued interest or interest may be capitalized at the end of the deferment period as determined by your promissory note.

If the deferment request was denied, the denial reason will be listed for each loan. The deferment may have been · granted on some but not all of your Joan(s). Please be sure to review all of the LOAN DECLARATION information thoroughly. If you believe you are eligible for a deferment but have been denied based on incorrect Information, please send verification of your enrollment dates on school letterhead with raised seal, signed by a certifying official, for our review.

Unless you are using our automatic payment service called Direct Debit, bills are sent 20 days prior to the due date. If you do not receive a bill, please send your payment to: American Education Services, Harrisburg, PA 17130-0001. Please write your account number on the check or money order to ensure your payment is processed accurately.

If you have any questions, you may contact us at the add~ess or telephone number shown ab.ove. Loan counselors are available to discuss your account, Monday through Fnday, 7:30a.m. to 9 p.m., ET. To qwckly ?ccess cur~ent account information, send an email to our office, make a payment, or download forms, you may vls•t our websHe at www.aesSuccess.org.

Customer Service Department American Education Services

'SXOB: PSO 6BD1 0 1R 516551110 5516551110 MR 00022102910000433

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 7 of 44 PageID #: 7

Page 8: Jessica Martin v American Education Services FDCPA FCRA Complaint

AMERICAN EDUCATION SERVICES DEFERMENT/FORBEARANCE LOAN DECLARATION

ACCT 1: 55 1655 1110 NAME: JESSICA MARTIN

REQUESTED TYPE BEGIN DATE END DATE

DEFERMENT FULL TIME SCHOOL 09/01/10 05/31/11

1ST DISB LOAN PGM CURRENT OWNER DATE

I-IRUUGD MRU 11/03/05

CURRENT PRINCIPAL

$37,458.72

DATE: 10/19/10

REPAYMENT START DATE

11/02106

ACTION TYPE GRACE END

BEGIN DATE END15ATE DATE

GRANTED DEFERMENT FULL TIME SCHOOL CHANGED FORBEARANCE ADHINTS'fRA-HVE

09/01/10 05/31/11 05/07/1!9 -- -OB/-3-1/1 0

- END OF REPORT -

, __ "

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 8 of 44 PageID #: 8

Page 9: Jessica Martin v American Education Services FDCPA FCRA Complaint

MARCH 04, 2011

American Educatio~vices P.O. Box 2461 Harrisburg, PA 17105-2461 Toll-free 1-800-233-0557 • TDD 717-720-2354 Fax 717-720-3916 • Intemationa1717-720-3100 www.aesSuccess.org

IBWNDHKB 18438 0158 8303 04L51 JESSICA MARTIN

ACCT NUMBER: 5516551110

150 74TH ST APT 2H BROOKLYN NV 11209-2239

DEAR CUSTOMER:

We have processed your deferment. If the deferment was granted or adjusted, the approved dates are listed on the LOAN DECLARATION. During deferment, interest will accrue on the unpaid principal balance. Depending on your specific loan program, you may be required to pay the monthly accrued interest or interest may be capitalized at the end of the deferment period as determined by your promissory note.

If the deferment request was denied, the denial reason will be listed for each loan. The deferment may have been granted on sof!le but not all of your loan(s). Please be sure to review all of the LOAN DECLARATION information thoroughly. If you believe you are eligible for a deferment but have been denied based on incorrect information, please send verification of your enrollment dates on school letterhead with raised seal, signed by a certifying official, for our review.

Unless you are using our automatic payment service called Direct Debit, bills are sent 20 days prior to the due date. If you do not receive a bill, please send your payment to: American Education Services, Harrisburg, PA 17130-0001. Please write your account number on the check or money order to ensure your payment is processed accurately.

If you have any questions, you may contact us at the address or telephone number shown above. Loan counselors are available to discuss your account, Monday through Friday, 7:30a.m. to 9 p.m., ET. To quickly access current account information, send an email to our office, make a payment, or download forms, you may visit our website at www.aesSuccess.org.

Customer Service Department American.Education Services

ISX08:PS06BD101R 3516551110 5516551110 MR 00022110620000207

-=! -.... = o= ..,-.... = tt=== .. = .,_ .., __

N= .. li)~ ... _. Ct~

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 9 of 44 PageID #: 9

Page 10: Jessica Martin v American Education Services FDCPA FCRA Complaint

AMERICAN EDUCATION SERVICES DEFERMENT/FORBEARANCE LOAN DECLARATION

ACCT 1: 55 1655 1110 NAME: JESSICA MARTIN

REQUESTED TYPE BEGIN DATE END DATE

DEFERMENT FULL TIME SCHOOL 09/01/10 05/31/12

1ST DISB DAN PGM CURRENT OWNER DATE

IRUUGD MRU 11/03/05

CURRENT PRINCIPAL

$37,765.57

DATE: 03/04/11

REPAYMENT START DATE

11/02/06

ACTION TYPE GRACE END

BEGIN DATE END ifATE DATE

CHANGED DEFERMENT FULL TIME SCHOOL 09/01/10 05/31/12

- END Of REPORT -

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 10 of 44 PageID #: 10

Page 11: Jessica Martin v American Education Services FDCPA FCRA Complaint

Enr!JIIment Data Reported to Lenders, Servicers, and Guarantors

Status First

Started

Electronic

Electronic

Electronic

Page 1 of3

-DIRECT

-DIRECT

NEW JERSEY HIGHER ED STUDENT ASSIST AUTH

DEPT OF EDUCATION- DIRECT LOANS/NSLDS

https://www.studentclearinghouse.org/secure _ area/StudentSelfService/ref _ std _ ntf _ his.asp 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 11 of 44 PageID #: 11

Page 12: Jessica Martin v American Education Services FDCPA FCRA Complaint

Enrpllment Data Reported to Lenders, Servicers, and Guarantors

FULL TIME Electronic

Electronic

05/31/2014

Page 2 of3

LOANS/NSLDS

ACS- AFFILIATED COMPUTER SERVICES, INC.

OF EDUCATION- DIRECT S/NSLDS

-AFFILIATED COMPUTER SERVICES,

ACS- AFFILIATED COMPUTER SERVICES, INC.

https :/ /www. studentclearinghouse. org/ secure_ area!StudentSelfService/ref _ std _ntf _ his.asp 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 12 of 44 PageID #: 12

Page 13: Jessica Martin v American Education Services FDCPA FCRA Complaint

Empllment Data Reported to Lenders, Servicers, and Guarantors Page 3 of3

NEW YORK STATE HIGHR ED SVS CORP

Electronic

Electronic

link for explanation of the various types.

~ -,~:'y'-;!',1 ; t,y : :r.>F:I'-;y:nu,;c Term~ of U~ i Eri'!_acy.Poli_cy , ProhiG_I_TI$_ USil1Q_Thi_§. ':[-J_e_Q_Site7

web-m_~ster@_sl!Jdentcleg_riJ]ghouse.om

https://www.studentclearinghouse.org/secure _ area/StudentSe1fService/ref_ std _ ntf _ his.asp 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 13 of 44 PageID #: 13

Page 14: Jessica Martin v American Education Services FDCPA FCRA Complaint

·. Priqt

From: [email protected] ([email protected]) To: [email protected]; Date: Mon, June 27,2011 10:49:39 PM Cc: Subject: Do Not Respond [T20 II 062800808060]

Page 1 of 1

This is a computer generated response acknowledging receipt of your email sent to American Education Services (AES).

Your inquiry is important to us and will be responded to in the order in which it was received. Please do not respond to this email as the return address is not monitored.

To protect your personal information, email replies that you receive will contain a link to an encrypted email that is stored on our server. This allows AES the ability to provide you with specific account details while protecting the privacy of your information.

=================================================== This message contains privileged and confidential information intended for the above addressees only. If you receive this message in error please delete or destroy this message and/or attachments.

The sender of this message will fully cooperate in the civil and criminal prosecution of any individual engaging in the unauthorized use of this message. ==============================================================================

http://us.mg1.mail.yahoo.com/dc/launch?.gx=1&.rand=3487ics8ehql7 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 14 of 44 PageID #: 14

Page 15: Jessica Martin v American Education Services FDCPA FCRA Complaint

Pril)t

From: [email protected] ([email protected]) To: [email protected]; Date: Sat, July 2, 2011 12:28:30 PM Cc: Subject: Do Not Respond [T20 11 070200HHS060]

Page 1 of 1

This is a computer generated response acknowledging receipt of your email sent to American Education Services (AES).

Your inquiry is important to us and will be responded to in the order in which it was received. Please do not respond to this email as the return address is not monitored.

To protect your personal information, email replies that you receive will contain a link to an encrypted email that is stored on our server. This allows AES the ability to provide you with specific account details while protecting the privacy of your information.

This message contains privileged and confidential information intended for the above addressees only. lfyou receive this message in error please delete or destroy this message and/or attachments.

The sender of this message will fully cooperate in the civil and criminal prosecution of any individual engagmg in the unauthorized use of this message. ========================================================

http://us.mg 1.mail.yahoo.com/dc/launch? .gx= I &.rand=3487ics8ehql7 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 15 of 44 PageID #: 15

Page 16: Jessica Martin v American Education Services FDCPA FCRA Complaint

PriiJt

From: AES Customer Service ([email protected]) To: [email protected]; Date: Mon, June 27, 2011 8:02:28 AM Cc: Subject: RE: Contact Information for Credit Reporting Concerns (T201!062300HJS060]

Page 1 of 1

You have a secure email message waiting for you from AES Customer Service at AES/PHEAA with the subject: RE: Contact Information for Credit Reporting Concerns [T2011062300HJS060].

How to Retrieve Your Message

To retrieve your message from AES Customer Service with the subject: RE: Contact Information for Credit Reporting Concerns [T2011062300HJS060], go to: httpsj/securemail.aes~uccess,org/messenger/msg?x=d-3 7288518_: Y51 ogZ!_,_QinOkSGnh

This message will be available until 08/26/2011.

Why You Are Receiving this Email

AES/PHEAA has sent you a message that may include sensitive information or personal data, as defined by federal law. To protect the privacy of this information, the email has been encrypted.

Personal data protected by federal law includes: Social Security numbers Driver's license numbers credit reports/scores

If you have questions regarding the authenticity of this message, please visit us online at www.aesSuccess.org/securemail, or contact us:

Phone: 1-800-233-0557 Email: ecomm@~~~_uccess.PJ:g Postal mail: AES/PHEAA

1200 N 7th St Harrisburg, PA I 71 02

=================================================

This message contains privileged and confidential information intended for the above addressees only. If you receive this message in error please delete or destroy this message and/or attachments.

The sender of this message will fully cooperate in the civil and criminal prosecution of any individual engaging in the unauthorized use of this message. =====--========================================================================

http://us.mg l.mail.yahoo.cornldc/launch? .gx= I &.rand=3487ics8ehql7 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 16 of 44 PageID #: 16

Page 17: Jessica Martin v American Education Services FDCPA FCRA Complaint

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Secure

Secure mail from AES/PHEAA

RE: Contact lnfortndl"IOn for Cre(iit Repo•tinq Concerr:o, ( T2011 062 3001-il~'01C!Z'1 :),1'-)63/ j [email protected] g

ma rt]es2 0 04J S\\!1 y a t1 oo . com Fri 2.4 Jun 2011 15:47:22 EDT

EYPIFFir Tue 23/wq 2011 15:47:?2 ED1

Reply Reply to All

Dear Ms. Martin:

Thank you for contacting American Education Services (AES). According to our records, we received your credit

dispute letter on June 8, 2011. The credit dispute was reviewed on June 9, 2011, and it was determined that the

delinquency was reported correctly to the Credit Bureau. A letter stating that the account was reported correctly was mailed to you on June 9, 2011.

If you require further assistance, please visit our website at www.aessuccess.org. From the homcpage, you may

click on the ?Contact Us? link, which will provide you with useful information such as our Customer Service Department hours of operation and telephone number, and will allow you to submit inquiries via a secure e-mail.

If you have an online account, you will find additional services available and may obtain account specific

information.

Sincerely,

Maribel

American Education Services

On June 23, 2011 at 7:10AM, '"'Jess Mart"" <[email protected]> wrote:

To Whom It May Concern,

Please advise if email is the appropriate contact procedure regarding credit

reporting concerns. When I called 1-800-233-0557, the customer service hotline,

they told me that I am not able to directly speak with anyone regarding credit reporting concerns. I sent a fax on the week of June 6th, in regards to

erroneous credit reporting issues and have yet to receive a response via mail or phone. Please advise the correct method of how I can directly contact and speak

with the department that handles credit reporting concerns and/or legal

concerns.

Best Regards,

Jessica Martin

732-742-0209

ID: 5516551110

https://securemail.aessuccess.org/messenger/def/tw _purl/NonU serPurl.do?x=d-3 72807 5 5-v... 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 17 of 44 PageID #: 17

Page 18: Jessica Martin v American Education Services FDCPA FCRA Complaint

Print

From: AES Customer Service ([email protected]) To: [email protected]; Date: Fri, June 24,2011 3:47:22 PM Cc: Subject: RE: Contact Information for Credit Reporting Concerns [T2011062300HJSOIOZ4549632]

Page 1 of 1

You have a secure email message waiting for you from AES Customer Service at AES/PHEAA with the subject: RE: Contact Information for Credit Reporting Concerns [T2011062300HJSOIOZ4549632].

How to Retrieve Your Message

To retrieve your message from AES Customer Service with the subject: RE: Contact Information for Credit Reporting Concerns [T2011062300HJSOIOZ4549632], go to: bnQs://securemail.aessuccess.org/messenger/msg?x=d-37280755-yi)M.Qu7qL~JIMDpKj

This message will be available until 08/23/2011.

Why You Are Receiving this Email

AES/PHEAA has sent you a message that may include sensitive information or personal data, as defined by federal law. To protect the privacy of this information, the email has been encrypted.

Personal data protected by federal law includes: Social Security numbers Driver's license numbers credit reports/scores

If you have questions regarding the authenticity of this message, please visit us online at www.aesSuccess.org/securemail, or contact us:

Phone: 1-800-233-0557 Email: ~omm@aessuc~eso;,Qrg

Postal mail: AES/PHEAA 1200 N 7th St Harrisburg, P A I 7102

============================================================================== This message contains privileged and confidential information intended for the above addressees only. If you receive this message in error please delete or destroy this message and/or attachments.

The sender of this message will fully cooperate in the civil and criminal prosecution of any individual engaging in the unauthorized use of this message. ==============================================================================

http://us.mg l.mail.yahoo.corn/dc/launch? .gx= I &.rand=3487ics8ehql7 7/6/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 18 of 44 PageID #: 18

Page 19: Jessica Martin v American Education Services FDCPA FCRA Complaint

ADELP Garden City

JESSICA MARTIN 150 74TH STREET BROOKLYN, NY 11209

IVERSITY • New York • 11530

05/04/11

OFFICE OF

STUDENT FINANCIAL SERVICES LEVERMORE HALL ROOM I

tel. (516) 877-3080

fax (516) 877-3380

Estimated Budget Financial Plan summary

Fall Enrollment Ass~tlon: FUll-time (12+ credits}* Spring Enrollment ASS1Jli'!Ption: Full-time (12+ credits)*

Tuition & Fees Room & Board

Total

$28,170

$28,170 ========:==-

Total Estimated Budget $28,170 Financial Assistance 16,732

Your customized Financial Assistance Plan for 2011/2012 is detailed below:

PROPOSED FINANCIAL ASSISTANCE: (Ter.ms and aond1tions on reverse side)

~ f!E1Y!Iri TOTAL AMOUNT GRANTS: Adelphi Scholar - Transfer $1,500 $1,500 $3, 000

LOANS: Federal Unsub Stafford 3,966 3,966 7, 932 NUrsing Student Loan 1,650 1,650 3,300

WORK STODY: Federal Work Study Program 1,250 1,250 2,500

--------$16, 732

======== Pederal Work Study - T.hese e~xnfngs ~re DOt deducted from your charges because you receive a bi-weekly paycheck once you secure a jab an campus. Job opportunities are subject to availability. Perkins/Nursina Loans - Check your Adelphi email for a link to the website to electronically sign (E-Sign) your Master Promissory Note (MPN) within the authorized signing period of 8/22 - 9/2/2011.

Go to ecampus.adelpbi.edu/sfs/fed_loan.php to vier information on the Federal Direct Loan process. If you wish to reinstate a previously reduced or declined loan, you must contact our office. This award notification sqpersedes any previous arards which may have bean given. Please retain all copies o£ your award letter for your records to determine any changes in your awards.

• To change this ass~tion you must email uS at PinancialServiceseadelpbi.edu and tell us the correct enrollment status for the fall and spring -Qemesters. You will receive a revised award summary.

r Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 19 of 44 PageID #: 19

Page 20: Jessica Martin v American Education Services FDCPA FCRA Complaint

Account Home

Account Home

Account#:5516551110

Main Content

Alerts & Messages

Thursday, June 23, 2011

• 2011-12 State Grant eligibility is available at this time. For those students who have been determined eligible to receive an award, PHEAA is unable to finalize this information until the PA Commonwealth budget is passed. If the passing of the budget results in a change to your record PHEAA will notify you via email and update Account Access.

Payment Summary

Type of Payment Payment Amount & Date Related Payment Actions

Current Payment Due: $0.00 View Billing Details

Loan Summary

Date Loan Type Status Balance

11/03/2005 Mru Undergraduate Loan Deferment $38,068.21

View Loan Details Total Loan Balance:· $38,068.21

PA State Programs

httos://login.aessuccess.org/accountAccess/index.cfm?event=common.home

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 20 of 44 PageID #: 20

Page 21: Jessica Martin v American Education Services FDCPA FCRA Complaint

Account Home

"""" • Complete the PA State Grant Form • Apply for the PA Summer State Grant

Account Profile

Address: 150 74TH ST APT 2H BROOKLYN, NY 11209-2239

Phone: (732) 742-0209 primary

Email: martjes2004js@yah ...

https://Jogin.aessuccess.org/accountAccess/index.cfm?event=common.home

Page 2 of2

6/23/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 21 of 44 PageID #: 21

Page 22: Jessica Martin v American Education Services FDCPA FCRA Complaint

, PayJilents & Billing : Print All Payment Details Page lof 1

Payments & Billing

Account#:5516551110

Print All Payment Details

Back to Overview Print for Your Records

0411712006 - Borrower Payment of $300.00

This payment was applied to the following loans:

Disb. Date Loan Type Principal Interest Late Fee

11/03/2005 MRU UNDERGRADUATE LOAN $204.93 $95.07 $0.00

Totals: $204.93 $95.07 $0.00

https:/lhost136.aessuccess.org/OPSWeb/processPrintPaymentDetails.do?clientld=PA&mul ... 6/23/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 22 of 44 PageID #: 22

Page 23: Jessica Martin v American Education Services FDCPA FCRA Complaint

Name

JESSICA MARTIN

Jate Last 'ayment Received

04-17-06

Bill Type

INT NOTICE

Principal Paid Since Last Statement

$0.00

Amount Past Due

$0.00

Interest Paid Since Last Statement

$0.00

Current Interest Accrued

$302.64

38978

ur 2010 Tax Information Now Available

GET YOUR 2010 TAX INFO ONLINE AT AESSUCCESS. OR Gil' AX.

Account Number

55 1655 1110

Fees Paid Since Last Statement

Tot~J..Prlncipdi;t' A~~ ltl!wesJ,pue

""4~if2.:'6 4 .. n,~. ··;•.b.._

Date Billed

03-11-ll

Date Due

03-31-11

Total Pmnts Rcvd Since Last Payment

$0.00

Outstanding Late Fees To Date

$0.00

"!!!!!!!!!!!!!!! o--"-~= oo--";;;;;;;;;;;;;;; :i1:= "­o!!!!!!!!!!!!!!! o--.!;;=

!!!!!!!!!!!!!!! -

Loan Seq

First Dlsb

Loan Program

Accrual Period

Begin Date

Accrual Period

End Date

Anticipated Capitalization

Amount Capitalization Total

Status Date Amount Due 1001 11/03/05 HRUUGD DEFER 01/01/11 $1,737.11 06/01/12 $302.64

,#'!' r.· &'It\!.

~.. ~~i!!f!'r Jf !HIS IS NOT A BILL.n.TH~.tOTAL DUE SHOWN ABOVE IS AN ACCRUED INTEREST AMOUNT THAT WILL BE CAPITALIZED (ADDED:,.TO'!!rl!E PRINCIPAL BALANCE) II!" NOT PAID, ACCORDING TO THE TERMS or /OUR PROMI~ORY D:P..TE_,i'll--'!1, .•

, ·~J:'b_M ""

. - ---- ..• !' ""l!t .. ., ---· - -- . . . -- - -""' . ··etum lower por11on wHh paym~ntto ~'1ioo addre~ listed~. Do not staple. tokl or tape. PLEASE tNC-LUoe ~~u~ 10.:~tG~-~e-ACCo-U~NU~~~~· ~~ ~~~R ~~C~ <:ustomer Statement 0 Check to Indicate change of address on reverse

.-

'ccount Number

' ) 16551110

IIBWNDHK8

Date Due

03-31-11

18438 0158 8303 11881 JESSICA MARTIN 14 DAVIS AVE PISCATAWAY NJ 08854-6007

Amount Paid - Do not write dollar ($) sign in boxes below or on check. Total Amount Due

$ $0.00

2011070015516551110100003026400000000000000000

" 1 ... 111 ... 1 ... 11 •• 11.11 ... 11 ... n ... u ...... nll ...... n.n •• 1

AHERICAN EDUCATION SERVICES HARRISBURG PA 17130·0001

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 23 of 44 PageID #: 23

Page 24: Jessica Martin v American Education Services FDCPA FCRA Complaint

NOVEMBER 17, 2010

IBWNDHKB 18438 0158 8311 17LOI JESSICA MARTIN 14 DAVIS AVE PISCATAWAY NJ 08854-6007

American EducW Services P.O. Box 2461 Harrisburg, PA 17105-2461 Toll-free 1-800-233-0557 • TDD 717-720-2354 Fax 717-720-3916 • International717-720-3100 www.aesSuccess.org

THIS LETTER IS FOR YOUR INFORMATION ONLY.

' WHY WE ARE CONTACTING YOU

To provide you with your student loan owner's privacy policy.

TAXKC:PS50BAGLB1 5516551110, 5516551110 STDMAIL 00096103210001148

=

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 24 of 44 PageID #: 24

Page 25: Jessica Martin v American Education Services FDCPA FCRA Complaint

...........

Privacy Policy Notice

Effective Date: January 1, 2005

www.MyRfchUncfe.com is an Internet pro pert)' of MRU Holdings, Inc. This Privacy Policy is given on behaff of MRU Holdings, Inc., and its affiliated companies, MRU Lending, Inc. and MRU Fu-nding SPV, Inc. (collectively referred to as "we" or "us"). We have created this Privacy Policy in order to disclose our information gathering and dissemination practices. We understand the Importance that Internet users place on privacy and have designed our website with this In mind. You agree to this Privacy Policy, in its entirety, when you: 1) access or use our website located at www.MyRichUncle.com ("Website"); 2) agree to receive e-mail from us and/or 3) make application for a loan through the Website.

This Privacy Policy will address the following: 1. What information we gather/track about you. 2. What we do with the information we gather/track. 3. Wijh whom we share the information we gather/track. 4.0urpolicy on-correcting-and updating personally identifiable information. 5. Our policy on deactivating your name from our database.

For purposes of compliance with the Gramm-Leach·BIIIey Act,15 U.S.C. 6802 (the "GLB Act"), this Privacy Policy serves as both your fnftlal customer relationship and annual "Privacy Notice".

' Information Collected

Online Registration/Application

We provide you Application Forms for completion and submission to us in order to apply for a loan. Please understand that the information you submH is voluntary, but required if you wish to apply to us for a loan. You will be asked to provide personal information ("Personal Information") on the Application Form including, but not limijed to, the following: 1) Name 2) Address 3) Email Address 4) Daytime Telephone Number 5) Social Security Number 6) Birthdate

IP Addresses

We use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is used to gather broad and specific demographic Information as well as for validation purposes.

Cookies

We use cookies to deliver content specific to your interests, to save your password so that you do not have to re-enter it each time that you visit our Website (if you choose), and for other purposes.

Web Site-Tracking Software .-

Web servers, or those of third-party vendors, utilize certain tracking software to capture your domain name address (the address of your Internet service provider) for purposes of tracking Website statistics. Note that we only collect information about you when you voluntarily provide that information through submission of an Application Form, by visiting our Website or some other Website activity we may provide from time to time. The capture of your domain name is a common practice among websites for measuring the number of hits, pages visited, and length of user session. We use this information to measure the effectiveness of the Website offerings in order to service you better.

N .. ... _ :!:= 3' .. _ .. .,_ ... .. ... _ N

"' """""""

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 25 of 44 PageID #: 25

Page 26: Jessica Martin v American Education Services FDCPA FCRA Complaint

..

Sharing of Information

In order for us to ~rocess your information, and conduct business from day-to-day, we must share your Personallnformat1on (other than your student loan-specific financial information obtained from the National Student Loan Data System ("NSLDS")) with either companies. These companies may include, but are not limited to, student loan service providers and information processors. For purposes of compliance with the CFIPA, we will not share your "nonpublic personal information" (as defined in the CFIPA) with our affiliated and nonaffiliated financial institutions with whom we may enter into joint marketing agreements without first providing California residents with an initial and annual notice explaining that we will be sharing this nonpublic personal information and giving the required rights. We use the Personal Information that you supply to personalize your experience with the Website, to evaluate whether you are qualified for credit and for verification purposes. The Personal Information thatyou submit to us remains your property, but by submitting the information to us you grant us the right to use that information for our own marketing purposes. Any and all student loan-specific financial information that we collect as part of your application, and information from third-parties (including but, not limited to, the NSLDS and other outside parties as permitted or required by applicable laws) will be used to determine your eligibility for credit and will not be shared with third-parties other than our · service providers for purposes of evaluating yourqualifications.

If you choose to provide information such as your Social Security Number, we may use that information to determine the status of your student loans by utilizing the NSLDS or for any other lawful purposes. We may also use other information that you provide for the purpose of verifying your eligibility for student loan consolidation or for any other programs or services we offer. We reserve the right to transfer aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of our users as a group without disclosing personally identifiable information. By submitting your Personal Information to us and using the Website, you agree to allow us to transfer such aggregate data to third-parties.

Your contact information is also used to reach you, when necessary, regarding issues concerning the use of our Website. If you wish to stop receiving future communications from us, please see the "Unsubscribe" section below. By submitting your e-mail address to us and/or submitting the Application Form, you agree to receive e-mail marketing from us, or nonaffiliated financial institutions with whom we have a joint marketing agreement, but only if we have first provided you with an oppprtunity to opt out of our sharing your Personal Information with such companies. We reserve the right to release current or past user information: a) in the event that we believe that our Website is being or has been used in violation of the Website Terms and Conditions or to commit unlawful acts; b) if the information is subpoenaed; or c) if MRU Holdings, Inc., MRU Lending, Inc., or MRU Funding SPV, Inc. is sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third­party when we, in our sole discretion, determine the disclosure to be appropriate or regally nefi:essary including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAMAct of 2003, as amended from time to time .

. Other Websltes

This Website may contain links to other third-party owned and/or operated websites. We are not responsible for the privacy practices or the content of such websites. These third-party websites have separate privacy policies and data collection practices and we have no responsibility or liability relating to them.

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 26 of 44 PageID #: 26

Page 27: Jessica Martin v American Education Services FDCPA FCRA Complaint

". . '

Security

All collected information is stored in a technically and physically secure environment Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this information is strictly limited, and not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all MRU Holdings user information. Employees not adhering to our firm policies are subject to disciplinary action.

Minors

Visitors under 18 years of age are not permitted to use and/or suomi! their personal information at our Webstte. We do not knowingly solicit or collect information from visitors under 18 years of age. We encourage parents and guardians to spend time online with their children and to participate and rn-onifortne · rnternet actlvitre_s_of tneifcrnrdren. ---

Unsubscribe

To stop receiving future communications from us, please send an e-mail with your name and e-mail address to [email protected].

Changes In Privacy Policy

We reserve the right to change or update our Privacy Policy at any time by posting a notice at the Website explaining that we are changing our Privacy Policy. If the manner in which we use your Personal information changes, we will notify our Website users by posting the changes on the Webstte. A user's continued use of the Service and/or continued receipt of our e-mail constitutes an affirmative acknowledgement and acceptance by the user of the modified Privacy Policy.

Correct/Update

Personal information supplied to us during registration can be modified by: 1) logging in to your account; 2) clicking on User Settings; or 3) modifying any of the desired fields.

· Contacting the Website

Our "About Us" page contains information that allows you to contact us directly with any questions br comments that you may have. We listen I~ or read every message sent in and endeavor to reply promptly to eacti one. Th-is information Is ·used to resporicl directly to your questions or comments. If you have any questions about this Privacy Policy, please feel free to telephone us at 1-888-MyRichUncle or at [email protected].

. ~ c_jv>- '-hUe~~ N~~ ~'---'\ ~ . -rv¥:_ ~ ~\ ~~

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Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 27 of 44 PageID #: 27

Page 28: Jessica Martin v American Education Services FDCPA FCRA Complaint

JUNE 08, 2011

American Educatio-vices P.O. Box 2461 Harrisburg, PA 17105-2461 Toll-free 1-800-233-0557 • TDD 717-720-2354 Fax 717-720-3916 • Internationa1717-720-3100 www.aesSuccess.org

IBWNDHKB 18438 0158 8306 09L71 JESSICA HARTIN

ACCT NUMBER: 5516551110

150 74TH ST APT 2H BROOKLYN NY 11209-2239

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY TO DETERMINE WHETHER YOU NEED TO TAKE ACTION.

WHY WE ARE CONTACTING YOU We determined that the information reported to each nationwide consumer reporting agency was reported correctly due to a period of delinquency on the Joan(s) listed on the reverse side of this Jetter.

WHAT ACTIONS YOU NEED TO TAKE If you still believe the consumer reporting agency(s) received incorrect information about your loan(s), we need copies of any pertinent documents supporting your position in order for us to review further.

· "1D615:PS300TRDC >i16551110 5516551110 HR ODDD811159DDDDD66

--= = .... -o= ... -.. -.. ~ "'!!!!!!!I!!!!! o-­o--.... = N­o !!!!!!!I!!!!! o= "' !!!!!!!I!!!!! ....

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 28 of 44 PageID #: 28

Page 29: Jessica Martin v American Education Services FDCPA FCRA Complaint

-

--

June 28, 20 II

Education Flnancia~ices PO Box5185 Sioux FaUs, SO 57117-5185 1-aoo-658-3567

001722-01189-0591-CC JESSICA MARTIN 150 74TH STREET APT 2H BROOKLYN, NY 11209

Re: 16592410 I 97680-30755 Wells Fargo Education Connection'" Loan

Dear Jessica:

You reCC!Jtlyapplie<rfor a Wells Fargo Education Connection Loan. We carefully considered your Joan request and a~e unable to approve it at this time.

If you would like a statement of specific reasons why your application was denied, please contact us at the address shown above or call 1-800-658-3567 within 60 days of the date of this letter. We will provide you with the statement of reasons within 30 days after receiving your request

Our credit decision was based in whole or in part on information obtained in a report from the consumer reporting agency listed. The reporting agency played no part in our decision and is unable to supply specific reasons why we have denied credit to you.

TRANS UNION 2 Baldwin Place P.O. Box 1000 Chester, PA 19022-1000 800 888-4213 WWW.TRANSUNION.COMIMYOPTIONS

You have a right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. You have a right to a free copy of your report from the reporting agency, if you request the report no later than 60 days after you receive this notice. In addition, if you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the reporting agency.

Sincerely, Wells Fargo Education Financial Services

NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The fede11!1 agency that administers compliance with this law concerning this creditor is:

LPDQ43 (10-06)

Office of the Comptroller of the Currency Customer Assistance Unit

1301 McKinney Avenue, Snite 3450 Houston, TX 77010-9050

Wells Fargo Education Financial SeNices is a division of Wells Fargo Bank, N.A. 64300 V26 052011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 29 of 44 PageID #: 29

Page 30: Jessica Martin v American Education Services FDCPA FCRA Complaint

*** 230475435-003 ••• .... ' POBox2000 ._

Chester, PA 19022

1 ~I IIIII m1 m11111U~ 11111111 m11 m 011 n111 m11 12/15/2010 TransUnion.

P1BZB000204699-1032623-019890285

lhlnh•lhllll•u"l'lllll'l'(•l(ll•lll•(ull•ll"lhl•llllllll JESSICA MARTIN 150 74TH ST 2H BROOKLYN, NY 11209

Our investigation of the dispute you recently submitted is now complete. The results are listed below.lf an item you disputed is not in the list of results below, it was either not appearing in your credit file or it already reflected the corrected status at the time of investigation.

If our investigation has not resolved your dispute, you may add a 100-word statementto your report. If ~·ou provide a consumer statementthat contains medical information related to setvice providers or medical procedures, then you expressly consentto TransUnion including this information in every credit report we issue about you. If you wish to obtain documentation or written verification concerning your accounts, please contact your creditors directly.

If there has been a change to your credit history resulting from our investigation, or if you add a consumer statement, you may request that TransUnion send an updated report to those who received your report within the last two years for employment purposes, or within the last one year for any other purpose.

If interested, you may also request a description of how the investigation was conducted along with the business name, address and telephone number of any company we may have contacted for information •

. Thank you for helping ensure the accuracy of your credit information.

Forfrequently asked question-s about yourtredit report, please vts1r!tttp:/itran5[!nion.custhelp.c9_ril

Investigation Results

ITEM DESCR I PTI ON f . RESULTS PERSONAL INFORMATION NEW INFORMATION BELOW AES # 5516551110PA00001 NEW INFORMATION BELOW

/

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 30 of 44 PageID #: 30

Page 31: Jessica Martin v American Education Services FDCPA FCRA Complaint

-------

Trans Union Personal Credit ' 1re JESSICA MARTIN V

Not Purchased (See Below)

Grade

Created on 12/15/2010

Unavailable (See Below)

Unavailable (See Below)

Based on yourTransUnion credit report, this is a The numerical score ranges from 990 to SOl Your credit ranks higher than -·%or the nation's population. depiction creditworthiness. ranges from A to F.

About your TransUnlon Personal Credit Score YoUr TransUnlon Personal Credit Score Is displayed above, and was calculated with the VantageScore credit scoring formula. Your credit score is a snapshot of the contents of your credit report at the time the score was calculated. Using objective, impartial formulas to translate the contents of your credit report into a 3-digit score enables lenders to evaluate your application for credit in a fast, fair and more objective manner. Remember, we constantly update the information contained in your credit report, so yourTransUnion Personal Credit Score only represents the score a lender would receive if they requested it today.

Summary You did not order a TransUnion credit score. You can purchase your credit score for $7.95 by calling 1·866-SCORE-TU or 1·866·726-7388.

Answers About Credit Scores • How are credit scores used? A credit score is just one of several factors a company usually uses when deciding to extend credit, give insurance coverage or provide financial seiVices to you. A variety of other factors will be considered, such as length of employment, income or previous experience with you. Depending on Yfhat you are applying for, different companies weigh each of these factors differently. By using a credit score, they can evaluate your application quickly, fairly and consistently.

• How can I improve my credit score? A credit score is a snapshot of the contents of your credit report at the time It was calculated. long-term, responsible credit behavior is the most effective way to improve future scores. Pay bills on time, lower balances and use credit wisely to improve your score over time. You should also review your credit report to en sur~ it is accurate.

• How do Inquiries affect my credit score? When your credit is checked by a business for the purpose of an application a 'hard inquiry' appears on your credit report. These inquiries can affect your credit score; and typically they have only a small impact. Delinquencies, balances owed, and the length of time you have used credit are all more important. Inquiries have a greater impact if you have a limited credit history.

Additional Information The TransUnion Personal Credit Score is provided to help you better understand how lenders view your credit report. It is not an endorsement or a determination of your qualification for a loan. The VantageScore credit scoring model was used for this Score Analysis and is not n.ecessarily the same scoring model that may be used by a lender. The resulting credit score may not be identical in every respect to any consumer credit score produced by any other company. Any credit information that has not yet been reported to TransUnion will not be reflected in your consumer disclosure or score. Also, some items disputed directly with creditors are not incorporated In the assessment of your credit score.

Protect Yourself From Identity Theft Each year, 9 million people become victims of identity theft: Protect yourself. It's easy. We'll email you within 24 hours of any critical changes to your credit report.

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www.truecred it. com I protect

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 31 of 44 PageID #: 31

Page 32: Jessica Martin v American Education Services FDCPA FCRA Complaint

:::::; Experian· ••••• •••

A world of insight

Prepare!:! for JESSICA ~1ARTIN Report ~tJmber 4170-08!42-36

Report date December 14,2010 www.experian.com/disputes Page I of 24 PO BOX 970 I , Allen, 1X 750 13 .

Dear JESSICA MARTIN, To assist you in understanding your correction summary, we have provided additional inforrration that relates directly to items on your personal credit report.

AES/MRU 5516551 I IOPAO .... PLEASE REFER TO YOUR CREDIT REPORT FOR UPDATE.-

We are responding to your request to change your name or Social Security number on your personal credit report. We store infomnation based on identification infonmation provided to us by credit grantors and providers of public records. This is histo~cal'infomnation and will remain on file.

You will not receive this explanation again ~you dispute this same item within the next 30 days. •

' ~ .. Sincere~,

' ' I ' . ~~~an (

POBOX9701 , Allen TX 75013 I

I

Ki 1

"' 0 -... g <= .. = <o t"'t -:: C...J M "":""' w ~ -><CJio CJio = i~ :J:~:... ( :Ozt:""'=::: ,, • .,- > - I : J:~<z..: 1 • ,.,ce;l-z""' , • 1: Cit .. : .... :c~ ·-< .... ~ :~~~0:. : olll 0 0 = • 0~\lla::: :.. •o--ca"'

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Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 32 of 44 PageID #: 32

Page 33: Jessica Martin v American Education Services FDCPA FCRA Complaint

•••• ·:··:: Experian· ••••• • • •

A world of insight

Investigation results About our dispute verification process

Prepared for JESSICA MARTIN Report number 4170-0842-36

This summary shows the revision( s) made to your credk file as a 'resu~ of the verifiCation we recently completed. If you still question an kem, then you may want to contact the source of the information.

The federal Fair Cred~ Reporting Act states that you may:

• request a description of how we verified the information, including the business name and address contacted and the telephone number if reasonably available;

• add a statement disputing the accuracy or completeness of the information; and • request that we send these resu~ to organizatkms who have reviewed your credk

report in the past two years for employment purposes or six months for any other purpose. ,

If no information follows, our response appeared on the previous page.

·~·:._:·-:-.r-:7 .

Report date December 14,2010 www.experian.com/disputes Page 2 of 24

What's your credit score?

Find out by ordering your VantageScore"' from Experian for only $7.95. To order your VantageScore, call I 888 322 5583.

By l&w. we cannot disclose certain medical information (relating to physical, mental, or behavioral ~ or condkion). Mhough we do not ge;T 'ly collect such informatior\_ could appear in the name of a data furnisher (i.e .. "Cancer Center') that reports your payment history to us. If so, those names display in your report, but in reports to others they display only as MEDICAL PAYMENTDAiA Consumer statements included on your report at your request that contain medical information are disclosed to others.

(

1 /UII~II '"I'll' '~~'"'· 11 f.'· •• , •.... ,... . .- .··· :~5:: :::': 111111111111111 Ullll~ll'; ;.·,.: ... ~~· 'i,. ··~··(1. ,jj, • • -· •• ,, """!. " .

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 33 of 44 PageID #: 33

Page 34: Jessica Martin v American Education Services FDCPA FCRA Complaint

r •••• •••• E . ·: :: xpenan·· ••••• •

Prepared for: JESSICA MARTIN Date: January 24j 2011

Page 1 of 2

• • • A world of insight

Report number: 37774653-19

Dear JESSICA MARTIN We are responding to your request to verify item(s) on your personal credit report. We have already investigated this information and the credit

) grantor has verified its accuracy. Please refer to the personal credit report you received for the name, phone number, and address of the credit

· grantor who verified this information. Pursuant to Section 611 (a)(3)(A) of the Fair Credit Reporting Act, we will not be investigating your dispute again at this time. If you still believe the item is inaccurate, then we can add a statement of continued dispute tO' your personal credit report at your

)

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~:e "'x S~-o~ a.<(

~ ~

I ~ "' "' !)I 0 "' '< I~ < N~ 'zt-"'"" ~;=a.>­·c.:<z 0~1--!c cnZ - >­o<(I.J .... ot-~ an-"'to O(J)r-...Q gC/):3"' g~ ...... co

0705097085

request, or you may wish to contact the credit grantor directly to resolve your issue. If you have additional relevant information (anything new that

' has occurred between you and the credit grantor or courts that should ' result in a change to the information appearing on your credit report, sucti

as a letter from the creditor, a cancelled check or money order, billing statement, contact name of the credit grantor, letter from the IRS, proof

. from a court or county reporter, proof that bankruptcy was dismissed or discharged, etc.), that was not presented when you previously disputed the information, you may mail it to us and we will reinvestigate your claim. Potentially negative information, such as missed or late payments, and most public record items remain on the credit report for seven years, with the exception of Chapters 7, 11 and 12 bankruptcies and unpaid tax liens, which remain for 10 years.

· When you question information on your personal credit report and tell us specifically why you believe-the information is inaccurate or incomplete, we contact the source of the information through an automated verification system or letter. We ask the source to check their records to verify all of

• the information regarding the itern you questioned, and report back within ·. 30 days of the date that we received your request (21 days for Maine

residents and 45 days for investigation of information on an annual free 1 credit report). Once we receive the response, we will send you the results 1 of the investigation. If we do not receive a response within the required · investigation period, we will update the item· as you have requested or ! delete the information, and send you the results. Should you need to i contact us again, please be sure to reference the Report Number at the top ! of this letter. To check the status of your investigation, you may log on to I www.experian.com/status.

According to the Fair Credit Reporting Act (FCRA), a national consumer credit reporting company's role in the dispute process is to investigate

' information to determine .the accuracy and completeness of any disputed item by contacting the sorirce of the disputed information and informing

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 34 of 44 PageID #: 34

Page 35: Jessica Martin v American Education Services FDCPA FCRA Complaint

Prepared for: JESSICA MART!N Date: January 24, 2011 , Report number: 37774653-19

them of all relevant information regarding the consumer's dispute, If the issue is not resolved, then the consumer credit reporting company must offer to include a consumer statement on the personal credit report. The Federal Trade Commission (the government agency charged with

"\)enforcement of the FCRA) does not require that the consumer credit ]reporting company obtain documentation such as the actual signed sales

slips, signature cards, contracts, etc.; nor does it require that consumer credit reporting companies act as mediators or negotiators in account disputes.

)

Unless you send us relevant information to support your claim, we will not investigate this information again and you will not receive this notice again regarding this particular dispute.

AES/MRU 5516551110PAO ....

Sincerely,

Experian NCAC PO BOX9701 Allen TX 75013

A

0705097085

Page 2 of 2

•.

1111~ IIIII ~IIIII ii~IIHI ~Ill

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 35 of 44 PageID #: 35

Page 36: Jessica Martin v American Education Services FDCPA FCRA Complaint

0000691 ACL 001 001 17911 • NYNNNNNNNN(I{N

J.P.MORGAN .CHASE, N.A. YOUR CREDIT SCORE AND THE PRICE YOU PAY FOR CREDIT

Your credit score

What you should know

about credit scores

How we use your credit score

The range of scores

How your 5core compares to the 11cores of other consumers

(., )771 12110/10

644

Source: Trans-I:Jnlon Elata: 06-25-11-

Your credit score is a number that rellects the information in your credit report.

Your credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors.

Your credit score can change, depending on how your credit history changes.

Your credit score can affect whether you can get a loan and how much you will have to pay for that loan.

Scores range from a low of 250 to a high of 900.

Generally, the higher your score, the more likely you are to be offered better credit terms.

25%

287-499 500-549 550-599 600-649 650-699 700·74%: 750-799 800-855

FICO® Credit Scorv Range ,., 2010 Flllllr Isaac Corparellon. All righls ~nd. fi~ __ TU_OB.'i51CBI04_0410

Please see the additional Information on reverse.

••

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 36 of 44 PageID #: 36

Page 37: Jessica Martin v American Education Services FDCPA FCRA Complaint

What If there are

mistakes In your credit report?

You have a right to dispute any inaccurate infonnation in your credit report. If you find mistakes

on your credit report, contact the consumer reporting agency.

It is a good idea to check your creda report to make sure· the infonnation it contains is accurate . . '<

How can you obtain Under federal law, you have the right to obtain a free copy of your credit report from each of the

a copy of your

credit repcrt?

nationwide consumer reporting agencies once a year.

To order your free annual credit report:

• By telephone:

•On the web:

• By mail:

Call toll-free: 1-877-322-8228

Visit www.annualcreditreport.com

Mail your completed Annual Credit Repcrt Request Fonn (which

you can obtain from the Federal Trade Commission's website at

www.ftc.gov/bcp/conlinelinclude/requestfonnfinal.pdl) to:

Annual Credit Report Request Service

P.O. Box 105281

Atlanta, GA 30348-5281

How can you get For more infonnation about credit reports and your rights under federattaw, visit the Federal

more Information? Reserve Board's website at www.federalreserve.gov, or the Federal Trade

Commission's website atwww.ftc.gov.

,.

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 37 of 44 PageID #: 37

Page 38: Jessica Martin v American Education Services FDCPA FCRA Complaint

--

--

600T1 V26 052011

Wells Fargo Bank, N.A. Your Credit Score and the Price You Pay for Credit

628 Model: Classic 98

Trans Union Date: 06/25/20 II

Your credit score is a number that reflects the information in your credit repo1t.

Your credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors.

Your credit score can change, depending on how your credit history changes.

Your credit score can affect whether you can get a loan and how much you will have to pay for that loan.

Scores range from a low of 336 to a high of 843.

Generally, the higher yo'lr score, the more likely you are to be offered better credit terms.

20% 16%

.11%

1/2

001723-0118~91

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 38 of 44 PageID #: 38

Page 39: Jessica Martin v American Education Services FDCPA FCRA Complaint

Excessive proportion of revolving balances to revolving credit limits

Number of accounts with balances

Length of time (or unknown time) since account delinquent

You have a right to dispute any inaccurate information in your credit report. If you find mistakes on your credit report, contact the consumer reporting agency.

It is a good idea ~o check your credit report to make sure the information it contains is accurate.

Under federal Jaw, you have the right to obtain a free copy of your credit report from each of the nationwide consumer reporting agencies once a year.

To order your free annual credit report-

Call toll-free: 1-877-322-8228

Visit www .annualcreditreoort.com

Mail your completed Annual Credit Report Request Form (which you can obtain from the Federal Trade Commission's web site at http://www.ftc.goy/bcp/conline/include/requestformfinal.odf) to:

Annual Credit Report Request Service P.O. Box 105281 Atlanta, GA 30348-5281

For more information about credit reports and your rights under federal law, visit the Federal Reserve Board's web site at www.fedemlreseN.gov, or the Federal Trade Commission's web site at www.ftc.gov

2J2

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 39 of 44 PageID #: 39

Page 40: Jessica Martin v American Education Services FDCPA FCRA Complaint

APRIL 02, 2011

--· American Education Services P.O. Box 2461 Harrisburg, PA 17i05-246i Toll-free 1-800-233-0557 • TDD 717-720-2354 Fax 7i7-720-39i6 • International7i7-720-3i00 www.aesSuccess.org

IBWNDHKB 18438 0158 8304 02L61 JESSICA MARTIN

ACCT NUMBER: 5516551110

150 74TH ST APT 2H BROOKLYN NY 11209-2239

_,

THIS LETTER IS FOR YOUR INFORMATION ONLY.

WHY WE ARE CONTACTING YOU We would like to let you know that interest has been capitalized on the loan(s) listed on the reverse side of this letter. Capitalization of interest typically occurs when you reach the end of your grace period or a period of deferment/forbearance.

WHAT THIS MEANS TO YOU Unpaid interest that has accumulated on your loan(s) was added to and became part of your principal balance. Interest will now begin accumulating on this new increased principal balance.

WHAT ACTIONS YOU NEED TO TAKE No action is required at this time.

:sXFS:PS06BCAPA ;;516551110 5,516551110 MR 00005110910007852

=== ----!!!!!!!!!!!!!!

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Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 40 of 44 PageID #: 40

Page 41: Jessica Martin v American Education Services FDCPA FCRA Complaint

LOAN PROGRAM

MRUUGD

1ST DISB DATE

11/03/2005

LOAN INFORMATION

ORIGINAL BALANCE

$28,125.00

CURRENT BALANCE

$38,068.21

AMOUNT CAPITALIZED

$302.64

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 41 of 44 PageID #: 41

Page 42: Jessica Martin v American Education Services FDCPA FCRA Complaint

Enrollment Services

August 13, 2010

Jessica Martin 14 Davis Avenue Piscataway, NJ 08854

Dear Ms. Martin:

SCHOOL OF NURSING University of Medidne & Dentistry of New Jersey

Your application to the UMDNJ - School of Nursing, Accelerated Second Degree BSN Program, Newark campus fnr the Fall2010 term has been reviewed. You have merthe admissions criteria, however, our Fall 2010 term class is full. We would like to offer you a sea: for the Spring 2011 term. Your acceptance is contingent upon the successful completion of Chemistry with laboratory (4 credits). A completed "official transcript" must be submitted which reflects the final grade and a minimum cumulative grade point average of 2. 75 in the prerequisite science courses. before jOU begin the program. If an official transcript has not been received before the start of the semester, you will not be permitted to begin and your admission will be withdrawn. If an official transcript(s) is not available before the first day of class, a fmal grade submitted by the instrUctor(s) on school letterhead will be accepted pending the receipt of the official transcript(s). 1\dmission to each of our programs is competitive and acceptances are granted to those applicants deemed best prepared as determined by the program's admis•ions committee.

Enclosed you will tlnd an APPLICANT ACTION SHEET which will have instructions to follow indicating your intent to join us this upcoming Spring 2011 term. We look forward to welcoming you into the li~.-!DNJ School of Nursing family.

I know that your timo here at the School of Nursing will be a cha!lengmg experience and one that "'ill assist you in meeting your future goals. The administration and faculty nte here to "'<sist. We ar:J all vested in the healthcare of the citizens of New Jersey and are excited about our opportunity to share our love of nursing with you.

lfyou need additional information or clarification you may contact your Admissions Advisor, Catherine Collin RN, MSN, ANP, at 973-972·2429 or by email at !:[email protected].

Please accept my sincere congratulations and be•t wishr.s, and !look forward to your decision in joining the Spring 20 II class. ~· .

Sincerely,

Deniso M. Tate, Ed.D, APN, WHNP-BC Assistant Proftss.or Assistant Dean Prelicensure Programs

cc: Cheryl White, Assistant Director of Financial Aid .

Encl: Applic..nt Actiun She« and Criminal Background Check Form;

65 BergenStreet, 1st Floor, Room 152 • PO Box 1709, Newark, NJ 07101-1709 Phone: 973-972-5336 • Fax: 973-972-7453 • Web Site: www.sn.umdnj.edu

The University is an Affirmative Action/Equal Opportunity Employer

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 42 of 44 PageID #: 42

Page 43: Jessica Martin v American Education Services FDCPA FCRA Complaint

Enrollment Services

December 10, 2010

Jessica Martin 14 Davis Avenue Piscataway, NJ 08854

Dear Ms. Martin:

SCHOOL OF NURSING University of Medicine & Dentistry of New Jersey

This will confirm that your acceptance into the Spring 2011 class for the Accelerated Second Degree BSN Program, Newark campus has been deferred to the Summer 2011 term.

Please note that, deferred applicants must contact The Office of Enrollment Services at 973-972-5336 two weeks prior to the start of the term they are beginning classes to have information regarding logons to various IT services at UMDNJ ( online learning, e-mail, etc.) as well as registration information mailed to them. Please refer to the School of Nursing academic calendar for the mandatory orientation dates and start of registration. http://sn.umdnj.edu/studentsonly/calendar.htm

Additional information or clarification may be obtained by contacting your Track Advisor, Catherine Collin, at 973-972-2429 or by email at collinca@umdnLedu.

~w·~ t{!ne Hanrahan Manager of Admissions

cc: Cheryl White, Assistant Director of Financial Aid

. ·-· ·,(' .

65 Bergen Street, 1st Floor, Room 152 • PO Box 1709, Newark, NJ 07101-1709 Phone: 973-972-5336 • Fax: 973-972-7453 • Web Site: www.sn.umdnj.edu

The University is an Affirmative ActioniEqUal Opportunity Employer

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 43 of 44 PageID #: 43

Page 44: Jessica Martin v American Education Services FDCPA FCRA Complaint

FTC Bureau of Consumer Protectir- - Consumer Information ·'

-.,

/ ..... y-.. ,, ~~"" "' cry~ , , ("" " r p t;.; {' ~ r • : 1' ~.DL:.,I.A" l rLtt)l' .O.vt!ld._ AO.'i \ I ~~-- --- -- -----------'¥" . PROTECTI!1iG Ac\fERIC:!'S CONSUMERS

Thank you for filing a complaint with the Federal Trade Commission. Based on the Information you have given us, we recommend that you take the following steps, if you have not already.

Step 1:

Step 2:

For additional information on the Fair Credit Reporting Act and your consumer rights, please visit this page .

If you have done the above steps and have any additional questions or any additional information you would like to add to your file, please call 877-382-4357 to seeak with a counselor. When you call, please have this reference number: 31211760 to help us quickly retrieve your information.

( Submit Another Complaint

OfJIB #3084-0047

Federal Trade Commission Privacy Policy

Last M()dif:ed. Sund;;;y. 10-Nov~2007 00:30:00 EDT

https://www.ftccomplaintassistant.gov/FTC _ Wizard.aspx?Lang=en

Page 1 of 1

6/23/2011

Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 44 of 44 PageID #: 44

Page 45: Jessica Martin v American Education Services FDCPA FCRA Complaint

-,

:::: 4:·,~:,:~:::,,9 a~h!•n~~o~ne~ece•n n:h~~!l~e ~,?.~~~~~~:~::" ofple~~Jecpa~ :,:qu:b~: e~cept ~ prov•ded by local rules of court Thts fonn, approved by the Judtc1al Conference of the Umted States m September 1974. IS required for the use of the Clerk of Court for the purpose ofmtttatmg the CIVil docket sheet. (SEE JNSTRUCfTONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

Jessica Martin, 150 74th Street, Apt. 2H, Brooklyn, New York 11209 (No Phone Number Provided)

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorney's (F1rm Name, Address, 1111d Telephone Number)

Pro Se: See Above

II

DEFENDANTS

American Education Services

County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOL YEO.

Attorneys (If Known)

J. II. BASIS OF JURISDICTION (Place an "X" in one Box Only) III. CITIZENSHIP OF PRl P L PARTIES(Place an "X" in One Box for Plaintiff

0 I U.S. Government Plaintiff

a 2 U.S. Government Defendant

0 II 0 Insurance 0 120 Manne 0 130 Miller Act

0 I 52 Recovery of Defaulted Srudent Loans (Excl. Veterans)

0 \53 RecoveryofOverpayment of Veteran's Benefits

0 160 Stockholders' Suits 0 190 Other Contract 0 195 Contract Product Liability

~ 3 Federal Question (U.S. Government Not a Party)

a 4 Diversity

(Indicate Citizenship of Parties in hem III)

PERSONAL INJURY 3 I 0 Airplane 3 IS A1rplane Product

Liability 320 Assaull, Libel &

Slander 330 Federal Employers'

Liability 340 Marine 345 Marine Product

Liability 350 Motor Vehicle

PERSONAL INJURY 0 362 Personal Injury -

Med. Malpractice 0 365 Personal InJury -

Product Liability 0 368 Asbestos Personal

Injury Product Liability

PERSONAL PROPERTY 0 370 Other Fraud 0 371 Truth in Lending 0 380 Other Personal

Property Damage 0 385 Property Damage

Product Liability

(For Diversity Cases Only) PTF

Citiun ofThis State 0 I

; )l OQ~d ,. ""'Box ro, "'''"•M•J Ib;J' ./ 1 < PTF DEF

0 I !nco at fri al PJw;e 0 4 0 4 of Business In This State

c;,;~oofAooft1J 11', Citizen or Subjl.a ·w

Forei n Coun

610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure

of Property 2 I USC 881 630 Liquor Laws 640 R.R. & Truck

Standards Ac<

0 422 Appea\28 USC 158 0 423 Withdrawal

28 usc \57

0 820 Copyrights 0 830Patent 0 840 Trademark

0 861 HIA ( 1395fl) 0 862 Black Lung (923) 0 863 DIWC/DIWW (405{g)) 0 864 SSID Title XVI

D .. D 6'

0 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influenced and

Corrupt Organizations 0 480 Consumer Credit 0 490 Cable/Sat TV 0 8\0 Selective Service 0 850 Securities/Commodities/

Exchange 875 Customer Challenge

12USC3410 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting

& Disclosure Act

~~~iij~~ii!jiJC[=:t;:::;l~iiE!!i!II!C==l!J!ij!li)!!flD!i'il,'ii!mi:~ ~ 740 Railway Labor Act 510 Motions to Vacate 790 Other Labor Litigation

89Q Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 0 220 Foreclosure

a 230 Rent Lease & Ejectment 0 240 Tons to Land 0 245 Ton Product Liability 0 290 All Other Real Property

D Accommodations

0 444 Welfare 0 445 Amer. w/Disabilities -

Employment 0 446 Amer. w!Disabilities -

""~ 0 440 Other Civil Rights

Sentence 791 Empl. Ret. Inc. Habeu Corpus: Security Act 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

465 Other Immigration Actions

895 Freedom oflnfonnation Ac<

900Appeal of Fee Determination Under Equal Access to Justice

0 950 Constitutionality of State Statutes

V. ORIGIN llll Original

Proceeding

(Place an "X'' in One Box Only)

0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferr~d from Appellate Court Reopened anoth_er dtstnct

s ectf

0 6 Multidistrict Litigation

0 7 Appeal to District Judge from Magistrate State Court Jud ment

Cite the U.S Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION f.:B:-,~ie"r"'"de_s_cc"'"ip"'"ti,..o-n-of::-,-.-.,-,-, ----------------------------------­GIVII Action 1-'ursuant 1 o "1 b u.~.G. 1 5~1 p ana 1\l\!ZK(d), et at""

VII. REQUESTED IN COMPLAINT:

VIII. RELATED CASE(S) IF ANY

DATE

07/07/2011 FOR OFFICE USE ONL \'

LJ CHECK IF THIS IS A CLASS ACTION DEMANDS UNDER F.R.C.P. 23

(See instructions): JUDGE RANDOM/RANDOM

SIGNATURE OF AlTORNEY OF RECORD

RECEIPT II _____ AMOUNT _______ _ APPLYING IFP ---:--:--:---

CHECK YES only if demanded in complaint

JURY DEMAND: a Yes a No

DOCKET NUMBER NONE

JUDGE_e.v,=-!...::(./:._ MAG.ruDGE--~~==~----

Case 1:11-cv-03319-ENV-LB Document 1-2 Filed 07/07/11 Page 1 of 2 PageID #: 45

Page 46: Jessica Martin v American Education Services FDCPA FCRA Complaint

•. ·- '-' ARBITRATION CERTIFICATION

I, , counsel for do hereby certify pursuant to the Local Arbitration Rule 83.10 that to the best of my knowledge and belief the damages recoverable in the above captioned civil action exceed the sum of $150,000 exclusive of interest and costs. Relief other than monetary damages is sought.

DISCLOSURE STATEMENT- FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

RELATED CASE STATEMENT (SECTION VIII)

All cases that are arguably related pursuant to Division of Business Rule 50.3.1 should be listed in Section VIII on the front of this form. Rule 50.3.1 (a) provides that ''A civil case is "related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge."

NY-E DIVISION OF BUSINESS RULE 50.l(d)(2)

1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk County: NO

2.) If you answered "no" above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County? f/0

b) Did thV.!:ents of omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern District? I t:-5

If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or Suffolk County? _________ _

(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION

I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar ofthis court.

Yes, ____ _ No ____ _

Are you currently the subject of any disciplinary action (s) in this .<?r any other state or federal court?

Yes. _____ (lfyes, please explain) No ____ _

Please provide your E~MAIL address and bar code below. Your bar code consists of the initials of your first and last name and the last four digits of your social security number or any other four digit number registered by the attorney with the Clerk of Court. (This information must be provided pursuant to local rule ll.l(b) of the civil rules).

Attorney Bar Code: ______________ _

E-MAIL Address:---------------

Electronic filing procedures were adopted by the Court in Administrative Order No. 97~12, "In re: Electronic Filing Procedures (ECF)." Electronic filing became mandatory in Administrative Order 2004~08, "In re: Electronic Case Filing." Electronic service of all papers is now routine.

I certifY the accuracy of all information provided above.

Signature: __________________ _

Case 1:11-cv-03319-ENV-LB Document 1-2 Filed 07/07/11 Page 2 of 2 PageID #: 46