Professional Documents
Culture Documents
Agreement For Kenneth Foshee
Agreement For Kenneth Foshee
This Debt Settlement Agreement, along with each of the documents referenced in the subsection entitled
"Documents Incorporated by Reference" in Section 7, (collectively the "Agreement"), is made by and between
Century Support Services, LLC, a Delaware limited liability company ("CSS", "we", "us" or "our") and
Kenneth Foshee ("you" or "your") residing at 2252 County Road 134 Lot 6, Henagar, AL, 35978 .
This Agreement will not be effective until we receive from you a signed (or initialed) copy of each required
document ("Effective Date"). You may sign and initial manually or electronically.
1. Our Guarantee: We will not charge any fee for our services until settlement of a debt is successfully
negotiated and you have made a payment toward the settlement of that debt. When one of your debts is
negotiated, we will charge you only the fee associated with that debt at that time. Our fees are described in
more detail in Section 5, below.
2. Our Responsibilities: We will work with you in good faith toward the settlement of each of the debts listed
on Exhibit A (individually a "Debt" and collectively the "Debts") through the negotiation of settlements with
your creditors (individually a "Creditor" and collectively the "Creditors"; as used herein, the terms "Creditor"
or "Creditors" shall include any assignee or successor in interest to any Creditor). We believe that each
Creditor listed on Exhibit A will work to negotiate a settlement of your Debts. Your personal involvement in
the negotiation and settlement process may be required for certain Creditors identified as "Difficult Creditors",
and we will provide you with the information identifying those Difficult Creditors as well as the information
that you will need to participate in the negotiations and settlement process.
A. Program Progress: We will keep you reasonably informed of the progress of our efforts on your behalf
and advise you if we become aware of any significant changes in Creditor policies or other factors that may
materially affect any good faith estimates made by us with respect to the timing or amount of any settlement.
We will respond promptly to your inquiries and communications.
B. Program Length: While we have estimated a program length of months that we believe is appropriate
for the full settlement of your Debts, the actual length of your program will depend upon your ongoing ability to
make your program deposits, as described in more detail in Section 3 below, your Creditors' willingness to settle
your Debts and the length of any structured settlement of a Debt that is negotiated.
3. Your Responsibilities: You will (i) respond promptly, truthfully and cooperatively to any inquiry or request
we may make of you, (ii) assist us in verifying the information associated with any Debt, including but not
limited to account numbers, creditor identity and amount owed on the Effective Date, (iii) notify us promptly
of any change of your telephone number, e-mail or physical address or other contact information, (iv) fill out
and return within five (5) business days any and all documents we may reasonably request, (v) notify us
promptly if you receive a settlement offer directly from a Creditor and (vi) consider promptly and in good faith
our recommendations regarding any proposed settlement offer.
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A. Program Deposits: You agree to establish a dedicated, FDIC-insured Settlement Savings Account
("Settlement Account") with an FDIC-insured Settlement Account provider of your choosing, for the exclusive
purpose of accumulating funds for settlements and for the payment of our fees. Beginning on 06/14/2024 ,
you will deposit $ 254.99 per month (or every 14 days for clients electing the bi-weekly deposit option or twice
a month for clients electing the semi-monthly deposit option) into your Settlement Account. You will, at all
times, retain full ownership and control over your Settlement Account, the terms and conditions of which are
set forth in the Account Agreement between you and your Settlement Account Provider. Fees and other
charges associated with your Settlement Account and Settlement Account Provider are set forth in your
Account Agreement with your Settlement Account Provider, and are not part of the fee charged by us for the
settlement of your debts.
By your execution of this Agreement, you are acknowledging that it is your responsibility to set aside
sufficient funds in your Settlement Account, on a regular basis, to facilitate the negotiation of settlement
offers. Unless we can demonstrate to a Creditor that you have sufficient funds available in your
Settlement Account to make a settlement payment, settlement offers may not be able to be negotiated.
B. Your Representations, Agreements & Acknowledgements: By your execution of this Agreement, you
are representing to us, and acknowledging your understanding of, the following matters:
(i) Unsecured Debt Only: Each of the Debts is an unsecured debt owed by you to the Creditor, and (subject
to Section 5(A), below) in the amount, listed on Exhibit A and is your sole obligation and responsibility. You
further acknowledge that we will not assume, or pay any Debt using our funds, attempt to extend the time you
may have to pay any Creditor or otherwise attempt to modify the terms of any existing obligation.
(ii) No Additional Charges; Additional Debt Not Covered By This Agreement: Any additional charges you
may make after the Effective Date on any Debt may impair the ability to secure settlement offers; accordingly,
you agree not to incur any further charges on any Debt after the Effective Date. This Agreement covers only
the Debts listed in Exhibit A; the enrollment or settlement of additional debts, or debts arising after the
Effective Date, will be addressed as the situation arises and will be added by oral agreement between you and
Century.
(iii) Certification of Financial Hardship: Debt settlement is only suitable for persons who are in a
verifiable state of financial hardship, are unable to pay or continue to pay their minimum monthly payments
to Creditors without severe financial hardship, and want to work amicably with their unsecured creditors to
solve their financial hardship. By your execution of this Agreement you are confirming: the prior sentence
applies to you and your situation; the truth and accuracy of all financial information you have furnished to us;
and that you have considered other ways of dealing with your debt, including, for example, credit counseling
or bankruptcy.
(iv) Effects of Participation in a Debt Settlement Program: Failing to make your minimum monthly
payments to your Creditors (a) will negatively affect your creditworthiness, (b) may result in "unpaid,"
"late," "uncollected" or "charged-off" entries on your credit report(s), (c) may cause the amount of a Debt to
increase due to the assessment and accrual of additional interest, late fees, and other fees, and (d) could result
in ongoing collection efforts and, possibly, legal action including being sued by Creditors or debt collectors.
A Creditor may notify the Internal Revenue Service of any forgiveness of some or all of a Debt, and the
amount of such forgiveness may be taxable income to you.
D. Authorization to Obtain and Review Consumer Credit Report Information: You agree that we may
receive and review your nonpublic, personal financial and credit information. You understand that by signing
this Agreement you are providing “written authorization” to us under the Fair Credit Reporting Act authorizing
us to obtain (and use information we obtain on an on-going basis) your personal credit report and any other
information from credit bureaus. This authorization will not expire until eighteen months after the expiration or
termination of your debt settlement program, unless you withdraw the authorization sooner. Unless specifically
withdrawn your authorization will survive the Agreement’s expiration or termination. You authorize us, and our
agents, to use such information in connection with your debt settlement program. You may withdraw consent
for ongoing credit pulls at any time by contacting us at the telephone number, mailing address or email address
indicated above.
A. Timing and Amount of Settlement Offers: We begin contacting your Creditors as soon as we determine that
a good faith offer to settle a given Debt, whether on a lump-sum or installment basis, may be made, with such
determinations dependent upon such factors as the Creditor's settlement policies, the rate of account accretion, the
size of each Debt and how close a Debt may be to charge-off. Some Creditors prefer that they not be contacted
until you have accumulated sufficient funds in your Settlement Account to allow a negotiated settlement within
their historic norms. While settlement guidelines differ widely among Creditors, an accumulation of 25% of the
then-current balance of a Debt will normally enable a good-faith offer to settle that Debt.
B. Completing Settlement Offers: The negotiations process is intensive and often requires several offers
before a settlement negotiation may be concluded. Promptly following the negotiation of an appropriate
settlement offer, we will contact you and inform you of the terms of the proposed settlement and ask that you
confirm your acceptance. The same procedure will apply to any settlement that you may have participated in, as
referenced above. All settlement offers must be specifically accepted by you before we can accept any payment
of fees from your Settlement Account.
AFTER YOU RECEIVE NOTICE FROM US, YOU MUST PROMPTLY CONFIRM
YOUR APPROVAL OF THE SETTLEMENT OFFER.
C. Program Estimates: Based upon both our experience in working with your Creditors, as well as your
personal financial circumstances, we have made a good faith estimate that your program length and your
monthly program deposit requirements will be sufficient to enable the negotiation of settlements of each of
your Debts; however your actual results may vary. Although reasonable efforts will be made to negotiate a
settlement offer from each of your Creditors, we cannot make promises or warranties as to the outcome of
these efforts or the time that it may take to resolve your Debts.
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5. Fees: We do not charge or collect any fee for our settlement services unless and until a Debt is successfully
negotiated. When a proposed settlement of a Debt is accepted and you make a payment toward settlement of
that Debt, we charge and are entitled to collect 27% of the enrollment amount of that Debt, as reflected on
Exhibit A. Century will earn and receive a settlement fee on all enrolled accounts settled during your program,
including those accounts where you participated in the negotiation and settlement process.
Although the negotiated settlement offers may have terms that require a single payment (for example, a $1,000
lump sum payment to settle a $2,000 account) or that require a number of payments (for example, payments of
$1,000 per month for five months to settle a $10,000 account), our fee for the settlement of any Debt is earned,
and is charged in full, at the time you make any payment to a Creditor toward an agreed upon settlement of that
Debt on terms substantially similar to those negotiated.
We reserve the right to present settlement offers only after you have accumulated sufficient funds in your
Settlement Account to pay both the negotiated amount of the settlement and the full amount of the fee
associated with that Debt. In order to secure a beneficial settlement of a Debt, we reserve the right, in our
sole discretion, to spread our fee over time if sufficient funds are not available in your Settlement
Account. In such cases no interest or other finance charge is assessed. Payment methods other than ACH
methods are available, and may be modified by calling CSS at 1-888-913-8784.
Our fees, once earned, will be paid to us via electronic ACH debit from your Settlement Account, which you
agree to authorize at the same time you authorize the settlement of your debt. As explained above in Section
4(B), we will contact you when a settlement offer has been received from a Creditor and you must specifically
confirm your acceptance of that settlement offer. You agree, simultaneous to confirming acceptance of a
particular settlement offer, to execute an ACH authorization for us to collect our fee via automatic ACH debit
from your Settlement Account. Once paid, you understand CSS’s fees are non-refundable.
A. Verifying Your Debt Balance: If you have completed Exhibit A based on one or more credit card
statements dated prior to the Effective Date, or based on no credit card statements at all, Exhibit A may not
reflect the actual amount owed to each of your Creditors. We may, from time to time, contact some or all of
your Creditors to ascertain the exact amount owed to such Creditor(s) as of the Effective Date. If we
substantiate that the amount actually owed to any Creditor on the Effective Date differs from the amount set
forth on Exhibit A, Exhibit A shall be deemed restated with your consent as of the Effective Date, with any
corrected amount(s) controlling for all purposes.
6. Withdrawal from the Program; Termination of this Agreement: You may terminate this Agreement and
withdraw from your debt settlement program at any time, without any termination fee or other penalty, by
providing us with written notice of termination (which may be electronic).
Our right to collect settlement fees that are earned but remain unpaid, in whole or in part, for any reason will
survive any termination of this Agreement and we have the right to pursue collection of our fees prior to and after
termination or completion of your debt settlement program.
Federal regulations provide that you can stop payment of preauthorized transfers from your account by
notifying CSS not later than three (3) business days before the scheduled date of the transfer. All
authorizations to communicate with your Creditors and any other authorizations we may have to act on your
behalf will be revoked and ineffective immediately upon termination.
In the event that you fail to make any payment required by this Agreement, fail to approve a settlement that we
believe, in good faith, is in your best interests or otherwise fail to discharge any of your obligations, we have the
right to terminate this Agreement with five (5) days' written notice (which may be electronic) to you, without
any further obligation of any sort.
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7. Additional Program Provisions
Governing Law; Arbitration; Forum Selection; Consent to Personal Jurisdiction: Unless otherwise set
forth herein or required by the law of your state, this Agreement shall be governed by and construed in
accordance with the laws of the state of Pennsylvania by the state or federal courts in Pennsylvania (excluding
any conflicts of law provisions or principles). As more fully explained in Exhibit D to this Agreement,
“Dispute Resolution by Binding Arbitration”, the parties agree to arbitrate any controversy, claim or dispute
arising out of or in any way relating to this Agreement or the breach, termination, scope, enforcement or
whether Exhibit D applies to a particular controversy, claim or dispute and the arbitrator may award injunctive,
declaratory or other equitable relief. Notwithstanding the terms of Exhibit D, any lawsuit seeking to confirm,
enforce, enter judgment on or in aid of an arbitrator’s award must be filed in the courts located within
Allegheny County, Pennsylvania. The parties agree to submit to the personal jurisdiction of the state and
federal courts located within Allegheny County, Pennsylvania for the purpose of litigating any such lawsuit.
No Power of Attorney Conferred: We shall at all times act on your behalf as an independent contractor and
not as attorney-in-fact. We shall not have any authority to contract for or bind you other than as expressly set
forth herein or in the Authorization to Communicate with Creditors and Collection Agencies, attached to this
Agreement as Exhibit C.
Severability; Waiver: If any provision of this Agreement is found to be invalid or unenforceable, the
remainder of this Agreement shall not be affected and the remaining terms will continue in effect and be
binding on the parties, provided that such holding of invalidity or unenforceability does not materially affect
the essence of this Agreement. The failure of either of us at any time to enforce any provision of or any right
under this Agreement will in no way be construed to be a waiver of such provisions or rights, nor shall the
failure of either of us to exercise any rights or options under this Agreement preclude or prejudice the
exercising of the same or any other right under this Agreement or in any way affect the validity of this
Agreement.
Notice: Any notice or demand that is provided or required to be given under this Agreement shall be deemed to
have been sufficiently given and received for all purposes when delivered by hand or by nationally recognized
overnight courier, or five days after being sent by certified or registered mail, postage and charges prepaid,
return receipt requested, to the person and at the address given in the first paragraph of this Agreement.
Assignment: You may not assign or transfer any of your rights or obligations under this Agreement, and any
attempt to assign or transfer such rights or obligations will be null and void. We may assign this Agreement
without your consent to (i) any parent, subsidiary or affiliate of ours, (ii) an acquirer of all or substantially all of
our assets or (iii) a successor to us by merger.
Documents Incorporated by Reference: The following documents are incorporated herein by reference as
part of this Agreement: (i) Exhibit A (listing of Debts covered by this Agreement and Creditors to which the
Debts are owed); (ii) Exhibit B (Direct Debit Authorization); (iii) Exhibit C (Authorization to Communicate
with Creditors and Collection Agencies); (iv) Exhibit D (Dispute Resolution by Binding Arbitration); (v)
Exhibit E (Client Financial Analysis); and (vi) the AFCC Disclosure Statement. Any usage herein of the term
"Agreement" shall be deemed to include each of the aforementioned documents, as if each of them had been set
forth herein in their entirety. Please print and save a copy of this Agreement and all exhibits and attachments
for your records.
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Communication Consent: In order to keep you updated on your program, payments, or to provide other
important information to you, you expressly consent and agree that we (for purposes of this paragraph "we"
includes our affiliated entities, agents and contractors) may contact you at any address or telephone number that
you provide to us, including any cellular or wireless number, landline, or ported landline number, even if on any
do-not-call list. You further consent and agree that we may contact you using any other available means,
including, but not limited to, U.S. mail, electronic mail, telephone, and using technology such as the use of an
automatic telephone dialing device, text or SMS message, and/or prerecorded message(s) to your telephone
(including cellular, wireless, landline, or ported landline), or any other form of communication. You are not
required to consent to the use of any of these communication methods to purchase our services, and if you wish to
opt out of their use you may simply call our toll-free number at any time and inform us of such, and we will
immediately update your preferences in our system. This consent, unless you opt out, shall survive termination or
expiration of this Agreement.
Mobile phone carriers may impose normal text message rates/fees, especially if text messaging is not
already included in your mobile phone plan.
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Client Mobile Phone Number Co-Client Mobile Phone Number
Complete Agreement; Modification & Amendment: This Agreement represents your and our complete and
exclusive statement of our mutual understandings and supersedes all previous written and oral agreements and
communications relating to the provision of any service(s). Other than as set forth herein, including but not
limited to any amendment provided for by Section 5(A), this Agreement may only be modified or amended by
a writing signed by both of us, provided, however, that we may change any term of this Agreement, or add any
additional term to this Agreement, by providing you with fifteen (15) days' advance written notice of such
change. If you decline to accept such change, your sole and exclusive remedy will be to terminate this
Agreement and withdraw from our debt settlement program.
By signing below, you represent that you have read, and you understand and agree to be bound by the
terms and conditions of this Debt Settlement Agreement, as set forth above and in the Exhibits,
schedules and attachments hereto. You further acknowledge that the terms and conditions of this
Agreement have been explained to your full satisfaction and you have no unanswered questions about
the debt settlement program or this Agreement.
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after
the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
Kenneth Foshee
Client Signature
Kenneth Foshee
Printed Name
05/31/2024
Date
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Please click on the following link to learn about how Century protects your privacy.
https://info.centuryss.com/hubfs/Century_Privacy_Policy_v01.01.2020.pdf
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This E-Sign Disclosure and Consent applies to all communications between the client and Century Support
Services, LLC, (“CSS”) that are not otherwise governed by the terms and conditions of our Agreement. The words
"we", "us," and "our" refer to Century Support Services, LLC, and the words "you" and "your" mean you, the
individual client. "Communication" means any agreements or amendments thereto, disclosures, notices, responses
to claims, transaction history, privacy policies and all other information related to the product or service, including
but not limited to information that we are required by law to provide to you in writing.
1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which
this disclosure applies, you agree that we may provide you with any communications in electronic format,
and that we may discontinue sending paper communications to you, unless and until you withdraw your
consent as described below. Your consent to receive electronic communications and transactions includes,
but is not limited to:
a. All legal and regulatory disclosures and communications associated with our service.
2. Method of Providing Communications to You in Electronic Form. All Communications that we provide
to you in electronic form will be provided either (1) via e-mail, (2) by access to the CSS web site, or (3)
to the extent permissible by law, by access to a web site that we will generally designate in advance for
such purpose.
3. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic
form by contacting us at info@centuryss.com. At our option, we may treat your provision of an invalid
email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your
consent to receive electronic Communications. We will not impose any fee to process the withdrawal of
your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic
Communications will be effective only after we have a reasonable period of time to process your
withdrawal.
4. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-
mail address, contact, and other information related to this Disclosure and your Account(s), and to
maintain and update promptly any changes in this information. You can update information (such as your
e-mail address) by contacting us at info@centuryss.com or by writing to us at 2000 Commerce Loop,
Suite 2111, North Huntingdon, PA 15642.
5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications
that we make available to you, you must have:
a. An Internet browser that supports 128 bit encryption;
b. Sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and
c. An e-mail account with an Internet service provider and e-mail software in order to participate in
our electronic communications programs; or a personal computer (for PC's: Pentium 120 MHz or
higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher),
operating system and telecommunications connections to the Internet capable of receiving,
accessing, displaying, and either printing or storing communications received from us in electronic
form via a plain text-formatted e-mail or by access to our web site using one of the browsers
specified above.
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6. Requesting Paper Copies. You can obtain a paper copy of an electronic communication by printing it
yourself or by requesting that we mail you a paper copy, provided that such request is made within a
reasonable time after we first provided the electronic communication to you. To request a paper copy,
contact us by logging in to the CSS website client login, or request a paper copy via email, or send a postal
letter. We may charge you a reasonable service charge for the delivery of paper copies of any
communication provided to you electronically pursuant to this authorization. We reserve the right, but
assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have
authorized us to provide electronically.
7. Communications in Writing. All communications in either electronic or paper format from us to you will
be considered "in writing." You should retain or download for your records a copy of this disclosure and
any other communication that is important to you.
8. Federal Law. You acknowledge and agree that your consent to electronic communications is being
provided in connection with a transaction affecting interstate commerce that is subject to the federal
Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act
apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your
electronic communications, or to terminate or change the terms and conditions on which we provide
electronic communications. We will provide you with notice of any such termination or change as required
by law.
10. Consent. By agreeing to the terms of this Agreement, you hereby give your affirmative consent to provide
electronic communications to you as described herein. You further agree that your computer satisfies the
hardware and software requirements specified above and that you have provided us with a current e-mail
address at which we may send electronic Communications to you.
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*** PLEASE DO NOT ADD CREDITORS TO THE ABOVE LIST. IF YOU HAVE ADDITIONAL
CREDITORS TO INCLUDE, PLEASE CALL - WE WILL NEED TO RECALCULATE YOUR
MONTHLY DEPOSIT AND FEE AMOUNTS FOR YOU
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2. The timing of when a settlement may be achieved also varies greatly - for lump sum settlements, the above
referenced percentage of each Debt (and in many cases the fee associated with that settlement) must be saved
before a settlement will be reached. If a payment plan for a settlement is negotiated so that the entire settlement
amount is not needed at one time, then the settlement may be obtained sooner than projected.
3. Upon termination under Section 6 of the Agreement, your third-party processor will return any monies
deposited except for any settlement fees earned by Century, to which Century will be entitled to be paid,
directly by your third-party processor out of your Settlement Account.
4. Your personal involvement in the negotiations and settlement process is required. Further, our settlement fees
will be due on: Debt for which settlement offers are presented directly to you by Creditors; and Debt requiring
your involvement in the negotiation with certain Creditors identified as “Difficult Creditors”. CSS is entitled to
settlement fees on all accounts enrolled in your debt settlement program that are settled. CSS does not charge any
fees other than those indicated in the above schedule. Any added accounts will be separately charged.
5. You expressly consent to our (including our affiliated companies and agents) monitoring & recording of any
and all telephone conversations with you.
6. Once a settlement has been reached and agreed upon and you make at least one payment towards the
settlement of that debt or account, the services pursuant to this Agreement for that debt or account are
considered rendered in full and our associated settlement fees are due in full for each such Debt.
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At such time as you make the first payment towards the Settlement of a Debt, on terms substantially similar to
those negotiated for you, the Settlement fee for that Debt (which equals the product of the percentage set forth
in Section 5 of your Debt Settlement Agreement multiplied by the balance owed on such Debt at the time of,
and as reflected on Exhibit A, you signing this Debt Settlement Agreement) is earned in full and will be paid to
us from your Settlement Account or through other payment mechanisms in the event your Settlement
Account is lacking sufficient funds to pay our settlement fee. Although we may elect to receive our fee(s) in
more than one payment from your Settlement Account, our entire fee for that Debt will be earned when you
make your first payment towards the Settlement of each Debt.
By your execution of this Direct Debit Authorization, you are authorizing debits to be made from your Settlement
Account for the purpose of paying CSS's Settlement fees for each Debt settled. These debits will be calculated as set
forth in the preceding paragraph and charged at such time as you make your first payment towards the settlement of
each such Debt.
I/We authorize fee payments to Century Support Services, LLC ("CSS") from my/our Settlement Account in
accordance with the provisions set forth above. I/We understand that such debits will be for the payment of CSS's
fees in connection with the negotiated settlement of my Debts. This authority will remain in effect until the later of
(a) the termination of my Debt Settlement Agreement pursuant to Paragraph 6 of that Agreement, or (b) the final
payment of any earned but unpaid settlement fees owing to CSS. I/We agree to give notification to terminate this
authorization not less than three (3) business days prior to the next specified debit date. I/We understand there will
be a fee, in the amount set forth in my/our Deposit Account Agreement, which will be automatically charged to
my/our "Primary Bank Account" for any insufficient funds (NSF) transaction.
Date
Co-Client Signature
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Client Name
Kenneth Foshee
Client Signature ______________________
______________________
Kenneth Foshee
Co-Client Signature ______________________
Co-Client Name ______________________
Client SSN ______________________
420172132 Co-Client SSN ______________________
Client DOB ______________________
08/27/1983 Client DOB ______________________
Date ______________________
05/31/2024 Date ______________________
a/k/a ______________________ a/k/a ______________________
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3. Notice. A party who intends to seek arbitration must first send to the other party a written Notice of Dispute
in accordance with the provision entitled “Notice” in Section 7 of the Agreement. The Notice must describe
both the nature and basis of the dispute; and the specific relief sought.
4. Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of
the Notice, the party sending the Notice may commence an arbitration proceeding with the American
Arbitration Association (“AAA”); if AAA is unavailable another arbitration entity such as JAMS will be
used. The AAA shall appoint the arbitrator and shall administer the arbitration proceeding pursuant to its
Consumer Dispute Resolution Procedures (“AAA Rules”), as modified by this Exhibit D to the Agreement.
The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The amount of any
settlement offer shall not be disclosed to the arbitrator until after the arbitrator has determined the amount, if
any, to be awarded.
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5. The Arbitration Award. Any award rendered by the arbitrator shall be final and binding on all parties,
but subject to review in accordance with applicable statutes, rules and regulations governing arbitration
awards. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was
commenced or in any court having jurisdiction over the party against whom judgment is to be entered. If a
party fails to comply with the arbitration award, the other party may petition in any court of competent
jurisdiction for enforcement in the jurisdiction in which the arbitration was commenced or that has jurisdiction over the
party against whom enforcement is sought.
6. Limitation of Arbitration to Individual Claims; No Class Actions. A party may bring claims against
another party only in its individual capacity and not as a plaintiff or class member in any purported class or
representative proceeding. The parties agree that the arbitrator may not consolidate proceedings of more than
one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The
arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party’s individual claim.
7. Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the
AAA’s rules. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the
Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs
of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the
award.
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This personal cash flow assessment has been prepared for you in connection with your application to enroll in our debt settlement
program. This assessment is based upon the financial information and documents you have shared with us and our estimates
of the amounts that will be required to settle each of your debts within a reasonable program term. We have not
independently verified the information you have supplied to us so we encourage you to review the information presented
below and advise us immediately if you find any errors or if there is additional information that should be taken into
consideration.
Your success in our debt settlement program depends upon you making regular deposits into your dedicated account.
The amount of your program deposit has been calculated based upon the amount of your outstanding debt and your
program length. The periodic program deposit presented in the table below reflects a periodic deposit amount that we
believe is appropriate given your particular circumstances. If you believe a different periodic deposit amount is
necessary, please contact your debt consultant immediately.
PART I: CASH FLOW SUMMARY & PROGRAM DETAILS
Monthly Remaining Amount (income minus expenses minus program deposit) $ 155.01
Program Details
Total Enrolled Debt $ 10,878.00
Total Estimated Program Cost (Estimated Total Settlement Amount plus fees) $ 8,811.18
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(1) Your program deposits may be scheduled monthly, semi-monthly or bi-weekly. If your program deposits are
scheduled other than monthly, for purposes of this cash flow assessment we have converted your program deposits to a
monthly amount. This monthly amount includes your dedicated account provider charges.
(2) If your Monthly Remaining Amount is a negative number, you may not have enough funds available each month
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to meet the ongoing deposit requirements of a debt settlement program. If, however, you believe you are or will be able
to meet these deposit requirements, please initial here [Applicant: / Co-Applicant: ] to confirm that (i)
you understand the ongoing program deposit requirements described above, (ii) you have the ability to meet these
program deposit requirements and (iii) you have been informed of other debt relief options that may be appropriate for
you, givenyour particular circumstances. In addition, please explain further how you expect to supplement your income
or manageyour expenses by clicking on all grounds for exemption that may apply to you:
Overtime at Current Job Tax Refund Pending Pay Off Other Debt in The Next
Year (i.e., car loan)
Future Child Reduce Ongoing Discretionary
Additional Employment (i.e., second job)
Support/Alimony (i.e., Subscriptions (i.e., cable, Netflix,
currently in court) gym, etc.)
Gift/Donation from Family or Charity Funds from 401K/Stocks Other
Description of Other:
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PART II: PERSONAL CASH FLOW STATEMENT
Your personal cash flow statement has been prepared based upon the financial information and documents you have
shared with us. This has enabled us to assess your ability to participate in our debt settlement program, as well as the
appropriateness of debt settlement for you given your particular circumstances. This personal cash flow statement will
also help you understand the impact your participation in your debt settlement program will have on your monthly
budget.
In preparing your personal cash flow statement, we have asked that you list all sources of income, including
unemployment, child support and all forms of governmental assistance. We have asked that you include all forms of
income because it is important that we have a complete view of your monthly cash flow.
Self-employment Self-employment
(including freelance/gig) $ 0.00
(including freelance/gig) $
income from 1099s (net of income from 1099s (net of
estimated federal and state estimated federal and state
tax payments) tax payments)
1 In the space reserved for “other” please include any and all items of income that are not identified above, including support you may receive
from friends, family and other sources.
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Estimated Monthly Living Expenses
UTILITIES (cable TV, internet, electric, gas, water, trash, all phone/cell $ 75.00
bills)
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Estimated Monthly Non-Enrolled Debt Expenses
I hereby acknowledge that the financial requirements of my debt settlement program have been
explained to me and that I understand that my program success is contingent upon my making the
described program deposits into my dedicated account. I further acknowledge that the financial
information I have provided is, to the best of my knowledge, true, correct and complete.
Kenneth Foshee
Applicant Signature Co-Applicant Signature
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Why? Financial companies choose how they share your personal information. Federal law gives consumers the
right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and
protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with
us. This information can include:
Social security number and income
Account balances and payment history
Transaction history and credit history
How? All financial companies need to share customers' personal information to run their everyday business. In
the section below, we list the reasons financial companies can share their customers' personal
information; the reasons Century chooses to share; and whether you can limit this sharing.
To limit our Call (888) 913-8784, - our menu will prompt you through your choice(s), or mail the form below, or
visit our web site at https://www.centuryss.com/contact-css/
sharing
Please note:
If you are a new customer, we can begin sharing your information 30 days from the date we sent this
notice. When you are no longer our customer, we continue to share your information as described in
this notice.
However, you can contact us at any time to limit our sharing.
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Who we are
Who is providing this notice? Century Support Services, LLC is providing this notice.
What we do
How does Century protect my personal To protect your personal information from unauthorized access and use, we
information? use security measures that comply with federal law. These measures include
computer safeguards and secured files and buildings.
How does Century collect my personal We collect your personal information, for example, when you
information?
Open an account
Give us your income information
Provide employment information
Give us your contact information
Provide account information
We also collect your personal information from others, such as credit
bureaus, affiliates, or other companies.
Why can't I limit all sharing? Federal law gives you the right to limit only
sharing for affiliates' everyday business purposes – information about
your creditworthiness
affiliates from using your information to market to you
sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit
sharing. See below for more on your rights under state law.
What happens when I limit sharing for an Your choices will apply to everyone on your account – unless you tell us
account I hold jointly with someone else? otherwise.
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Definitions
Affiliates Companies related by common ownership or control. They can be financial and
nonfinancial companies.
Our affiliates include Century FP, LLC.
Nonaffiliates Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
Non-affiliates we share with can include financial service providers such as
banks, lenders, payment merchants, loan servicers, and non-financial service
providers such as retailers, law firms and marketing companies.
Joint marketing A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
Our joint marketing partners may include companies providing financial, non-
financial, or legal services.
For additional rights and privacy choices for California residents see Century’s Privacy Policy
Vermont Residents: Under Vermont law, we will not share information we collect about you with non-affiliated companies,
unless the law allows. For example, we may share information with your consent, to service your accounts, or under joint
marketing agreements with other financial institutions with which we have joint marketing agreements. We will not share
information about your creditworthiness with our affiliates except with your consent, but we may share with our affiliate’s
information about our transactions or experiences with you without your
consent.
Nevada Residents: We are providing you this notice pursuant to state law. You may be placed on our internal do not call list
by calling 888-913-8784. Nevada law requires that we also provide you with the following contact information: Bureau of
Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St. – Suite 3900, Las Vegas, NV 89101;
702‐486‐3132 – BCPINFO@ag.state.nv.us.
Montana Residents - We will not disclose to anyone your name or personal information other than to your own creditors or
CSS's agents, affiliates, or contractors.
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Name:
Address:
Century provides consumers with a debt settlement service more popularly known as debt settlement. Debt settlement is the negotiation
of less than full balance settlements of unsecured debt on behalf of consumers who are experiencing financial hardship. Century wants
you to understand both the potential benefits and risks that may arise out of your debt settlement program and to be sure you have
reasonable expectations regarding all potential outcomes.
BY SIGNING BELOW, YOU ARE CONFIRMING THAT CENTURY HAS EXPLAINED TO YOU, AND YOU
UNDERSTAND, ALL THE ISSUES SET FORTH BELOW. If you wish to discuss or comment on any of these disclosures
or discuss any aspect of your debt settlement program, please email us at info@americanfaircreditcouncil.org with your
contact information and the AFCC compliance department will respond to you as quickly as possible.
1. You are enrolling into a debt settlement program. The objective of your debt settlement program is for Century to negotiate
mutually agreeable settlements between you and each of your creditor(s) for the settlement of your unsecured debt(s), which are
itemized as part of your enrollment agreement and are referred to as Enrolled Debts. You understand and acknowledge that no
specific results can be predicted or guaranteed.
2. You will be responsible for saving sufficient funds to enable Century to negotiate debt settlements on your behalf. In order for
Century to negotiate on your behalf, you must adhere to a regular schedule of deposits. These funds will be deposited into a separate
FDIC-insured bank account that you and only you will control. Under no circumstances will Century have custody or control of the
funds you set aside.
3. The savings program necessary to settle your debts is detailed in your enrollment agreement. Summaries of the minimum
monthly savings amount and the estimated period needed to settle all of your debts have been prepared for you. Actual settlement
amounts, and the period required to settle all of your debts are likely to vary, possibly substantially, from these estimates, based on
creditor behavior, your ability and willingness to keep to your deposit schedule and other factors.
4. While most creditors and collectors are eager to negotiate with debt settlement service providers, Century cannot force
creditors to negotiate with them or to accept an offered settlement. Communications with creditors are handled on a case by case
basis. Some creditors may not be contacted for several months after you enroll.
5. Century is not a credit counseling service and does not make regular payments on your behalf to your creditors. Your creditors
may continue to pursue collection efforts on delinquent accounts while you are enrolled in a debt settlement program. Such collection
efforts can include phone calls and letters to you, sending delinquent accounts to collection agencies or even filing a lawsuit against
you.
6. Your debt settlement program assumes an effort that will continue for many months. The time needed to produce a settlement
of a given debt depends on several factors. These include (a) your financial hardship, (b) the age and balance of the accounts that you
owe, (c) the funds you have available to pay to your creditors for a settlement and (d) the willingness of your creditors to enter into debt
settlement negotiations. While no guarantees can be given, generally the more money you are able to set aside the sooner Century
will be able to start negotiating settlements for you.
7. Fees paid to a debt settlement services provider such as Century are not available to pay creditors. The fees paid to Century
are intended to compensate them for their efforts and will only be refundable to the extent they have not been deemed to have been
earned in the manner described in the Client Agreement. Those fees are not being set aside or held in escrow to fund debt settlements.
8. Century is not a law firm and does not and cannot provide legal advice or counsel, and your signature, below, acknowledges
that you have been advised of this. Should you be sued, you should consult with a lawyer licensed to practice in your
jurisdiction.
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9. You have told us that you are in a verifiable state of financial hardship and are unable to meet, on an ongoing basis, the
minimum periodic payments required by your creditors to pay off your debts. If you do not make the minimum periodic payments
on your debts your delinquencies will likely be reported to the consumer reporting agencies as late, delinquent, charged-off or past due
balances. Your creditor may also raise the interest rate on your account and impose other penalties, such as late fees, over-limit fees
and the like. Until your account is charged off, your account balance may continue to grow as your creditor adds accrued interest and
fees and penalties, and, if negotiations are unsuccessful, you could be called upon to pay the entire balance. Even if we are successful
in negotiating a less than full balance settlement for you, your creditor may report to the credit reporting agencies that the account was
“settled for less than the full amount.” Century, as a debt settlement provider, does not use funds deposited into your settlement account
to make monthly payments to each of the creditors associated with your enrolled accounts. Instead, Century will only begin paying
those particular creditors upon mutual acceptance of settlement terms.
10. When your creditor agrees to settle a debt, a savings of $600 or more (meaning at least $600 less than what you owe at the
time of settlement) may be reported by your creditor to the IRS as Discharge of Indebtedness income. You should consult your
tax advisor to determine whether your individual circumstances require you to include any Discharge of Indebtedness Income in your
reportable income, or whether you qualify for an insolvency exclusion. For more information on tax ramifications to you personally, refer
to the IRS website www.irs.gov IRS Publication 908-“Bankruptcy Tax Guide” and IRS Form 982, Reduction of Tax Attributes Due to
Discharge of Indebtedness.
To summarize, each case is unique and results, dependent as they are upon both your ability to set aside sufficient funds and your creditor’s
willingness to negotiate a less than full balance settlement, may be expected to vary widely. For consumers in verifiable states of financial
hardship, a debt settlement program can be a very effective way to resolve unsecured debt but it is not a painless process and no guarantees
as to settlement amounts or timing can be given.
Finally, we encourage you to report any concerns with your debt settlement program directly to the AFCC via email:
info@americanfaircreditcouncil.org.
Please sign below indicating you have read and understand the AFCC Uniform Program Disclosure Statement.
Kenneth Foshee
Client Signature
Kenneth Foshee
Printed Name
05/31/2024
Date
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Kenneth Foshee
You may cancel your Debt Settlement Agreement with Century Support Services, LLC, without any penalty
or obligation, at any time before midnight of the third business day that begins the day after you agree to it
by electronic communication or by signing it.
If you cancel your agreement within the 3-day period, we will refund any money you may have paid us. You
may also terminate your agreement at any later time.
To cancel your agreement during the three day Cancellation Period or otherwise, send an e-mail to:
info@centuryss.com
Or mail or deliver a signed, dated copy of this notice, or any other written notice to:
Before midnight on the third business day following the Date of Transaction listed above.
You may use this form to cancel your agreement with CSS within three days of the Transaction Date listed
by signing where indicated below, and mailing this page to the address above.
* By Initialing below you are indicating that you have read and understood the material on this page.
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Single Account/Card Type: If applicable, you acknowledge that you are only including a single account on your program.
You further understand, due to the nature of debt settlement, negotiations activity will be very limited until sufficient funds
have been saved in your special purpose account to make a reasonable initial settlement offer and this may not occur until the
later portion of your program.
Authorization for Third Party Speaker: You hereby authorize to discuss (by telephone, email, chat,
SMS text, or by mail) information concerning your program and make decisions with regard to your program, on your behalf,
with CSS, its representatives, and/or assigns. This includes, but is not limited to the authorization of this Third-Party Speaker
to discuss, release, or obtain any personal and/or financial information relating to your participation in the debt settlement
program or that may be needed to update your account, and also authorization for this person to discuss with CSS and act on
your behalf with respect to: settlement authorizations, settlement fee payments, communication with your creditors who are
enrolled on your debt settlement program, communications with your third-party processor, and pertaining to your program
deposits, including modifications to your program deposit amounts and payment dates. You agree to indemnify and hold CSS
harmless from any loss, liability or damage by any reason resulting from communication with the above named individual or
CSS’s reliance on such third party's instructions or directions concerning your debt settlement program. This authority is not
assignable or transferable by the authorized Third-Party Speaker without your written consent. This Authorization is in effect
upon signing, if at enrollment, or upon authorization post enrollment (by telephone, email, or by mail), and terminates upon
completion of your program or upon CSS’s or your written notice revoking this authorization, whichever first occurs.
Third Party Speaker Print Name Third Party Speaker Phone Number Third Party Speaker email
_____________________
Kenneth Foshee
Client Print Name
Kenneth Foshee
_____________________
Client Signature
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2567178582 kennyf1027@gmail.com
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