DeVille Asset Management Facing Claims of FDCPA Violations

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A California consumer has filed a proposed class action in which he claims DeVille Asset Management, LTD. sent him an improper collection notice that failed to clearly identify his creditor and overshadowed his rights.

The November 2017 letter supposedly included a heading that referred to “Re: BorrowersFirst LOT1007” and stated, in part:

“Please be advised that your account has been assigned to DeVille Asset Management, LTD. You have thirty (30) days to make arrangements for payment or further collection efforts will commence.”

Because the letter indicated that the debt was “assigned to” DeVille, the case argues it failed to convey “to whom the alleged Debt was owed at the time of the letter: ‘BorrowersFirst LOT1007,’ or Defendant (as assignee), or some other unlisted person or entity.”

Moreover, the suit alleges that by demanding payment within the plaintiff’s 30-day validation period, the defendant encouraged the man to “forego important protections afforded” to him by the Fair Debt Collection Practices Act (FDCPA).

“[W]here a debt collector threatens additional action if payment is not made within the 30-day validation window, consumers are unlikely to invoke their validation rights under [the FDCPA] within that same window…,” the complaint reads.