Subject: Sweet v. McMahon Settlement: Borrower Defense Post-Class Notice
From: "U.S. Department of Education" <[email-masked]>
To: <[email-masked]>
Date: Mon, 30 Mar 2026 16:44:10 -0400

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March 30, 2026 

Borrower Defense Application #: 08953234
Borrower Defense Application School: Ross University School of Medicine

Dear Timothy J Bourdeau: 

You are receiving this letter pursuant to Paragraph IV.D.2. of the Settlement Agreement reached in the civil action: Sweet v. McMahon , No. 3:19-cv-03674-WHA (N.D. Cal.) ("Agreement"). You submitted a borrower defense to repayment discharge application after June 22, 2022, and on or before Nov. 15, 2022, for the loans associated with your enrollment at Ross University School of Medicine ("Relevant Federal Student Loans"). The U.S. Department of Education (ED) is providing you with this notice because, despite its best efforts, ED could not adjudicate your application on or before Jan. 28, 2026. However, the specific timeframe within which ED must process your application is the subject of ongoing litigation before the United States Court of Appeals for the Ninth Circuit. 

Unless otherwise authorized by an appropriate court, ED will take or will ensure that the following actions are taken on your behalf within one year: 

	- the discharge of your relevant federal student loan(s); 
	- a refund for any payments made to ED on your relevant federal student loans, including relevant federal student loan debt that you previously paid off; and 
	- the deletion of the credit report tradeline associated with the discharged loan(s). 

The discharge of your loan(s) does not necessarily indicate that ED has found the above-mentioned institution engaged in misconduct. Rather, your discharge results from ED being unable to adjudicate your claim on the merits by the deadline established in the Agreement. 

This communication addresses only your relevant federal  student loan(s). Nothing in this notice relates to private loans. Discharging your relevant federal student loan(s) means that you will no longer owe the debt. You also may receive a refund for prior payments made to ED on your discharged relevant federal student loan(s) related to Ross University School of Medicine. Your loan servicer will let you know if you are eligible for a payment refund, which would be mailed to you. Please check your online account with your loan servicer to ensure your address is correct so you can receive any refund. 

Other than confirming your address, you do not have to take any further action to receive any discharge.  Your servicer will send you more details about any discharge, including which loans have been forgiven. Your relevant federal student loan debt will remain in forbearance and collections will be stopped while any discharge is being effectuated. Your credit report will also be updated to reflect any discharge when it is complete. 

What loans are eligible for a refund? 

Eligible 

	- Direct Loans 
	- Federal Family Education Loans (FFEL) Program loans held by ED 

Not Eligible 

	- Perkins Loans 
	- FFEL Program loans held by a private or commercial lender (such as Navient) 
	- Private loans (loans issued by lenders such as SoFi or Sallie Mae) 

What loans are not eligible for a refund? 

Under the terms of the settlement in Sweet v. McMahon , only certain types of federal student loans may receive refunds. FFEL Program loans were made by banks and then insured by ED. The payments made on FFEL Program loans go to that bank, not to ED. ED cannot refund loan payments that it did not receive. The FFEL Program ended on July 1, 2010, and no new loans were made from the program after that date. 

Starting around 2008, ED bought some FFEL Program loans from the original lender. Payments made related to these FFEL Program loans are covered under the settlement, and eligible borrowers will receive a refund ("ED-held" FFEL). 

How do I know what kind of loan I have? 

If the name of your servicer starts with "Dept. of Ed" or "Default Management Collection System," your loan is held by ED and may be eligible for a refund. 

	- You can identify your loan types by logging on to  https://track.mail.studentaid.gov/r/?id=tef15c1ce,a61c8e5,687d521 StudentAid.gov  and selecting "Loans" in the dropdown menu under "My Loans." In the "Loans and Repayment Information" section, you'll see a list of each loan you received. 

More information about the federal student loan programs is available at  https://track.mail.studentaid.gov/r/?id=tef15c1ce,a61c8e5,687d522 StudentAid.gov/understand-aid/types/loans . 

If you have questions about this notice, please call our borrower defense hotline at 1-855-279-6207 . You may visit  https://track.mail.studentaid.gov/r/?id=tef15c1ce,a61c8e5,687d523 StudentAid.gov/contact  for our hours of operation. 

Sincerely, 

U.S. Department of Education 
Federal Student Aid 

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