DeVille Asset Management Facing Lawsuit Over 'Confusing' Debt Collection Letter
by Nadia Abbas
Last Updated on July 18, 2018
Ross, Individually And on Behalf of All Others Similarly Situated v. Deville Asset Management, Ltd.
Filed: July 6, 2018 ◆§ 1:18cv455
DeVille Asset Management, Ltd. is the defendant in a proposed class action that claims the company engages in misleading debt collection practices.
DeVille Asset Management, Ltd. is the defendant in a proposed class action that claims the company engages in misleading debt collection practices. The plaintiff, who the case says acquired a debt on a car loan, alleges she received a "confusing" collection letter that failed to disclose her account was continually accruing interest.
According to the complaint, the defendant is required to disclose that interest is accumulating on a debt. The letter received by the plaintiff, however, stated a "Total Balance" that the case argues led the plaintiff to believe that the amount listed is the final amount that she owes. From the complaint:
“Plaintiff’s September 25, 2017 Collection Letter fails to state in what amount said interest, fees and costs are charged and added on to the ‘Total Balance: $4,624.50’, or the frequency thereof.”
The case also takes issue with the letter stating that the plaintiff has 30 days to arrange payment, which effectively ignores the fact that the plaintiff has 30 days to legally dispute the debt under the Fair Debt Collection Practices Act.
“[The defendant’s] statement is confusing to [the plaintiff] as it overshadows the truth that if [the plaintiff] disputes the debt within her thirty day period, all debt collection efforts must cease until [the defendant] verifies the debt,” the lawsuit reads.
The lawsuit seeks compensation for damages suffered by the plaintiff, as well as for anyone in the state of Ohio who received similar letters within one year prior to this action being filed and/or 21 days after.
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