Greenwald Davidson Radbil PLLC | Ryan v. DeVille Asset Management, Ltd., 2016 WL 7165751 (D. Or. Dec. 7, 2016)
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Ryan v. DeVille Asset Management, Ltd., 2016 WL 7165751 (D. Or. Dec. 7, 2016)


The parties have reached a settlement of this action in the United States District Court for the District of Oregon. The settlement provides for a common fund from which participating class members will receive an equal share.
 
This case stems from alleged violations by DeVille Asset Management, Ltd. and Jay B. Ledford ("Defendants") of sections 1692g(a)(1), 1692g(a)(3), and 1692e(10) of the Fair Debt Collection Practices Act ("FDCPA"), with regard to initial debt collection letters sent to Oregon consumers.  Lead Plaintiff alleged that Defendants violated the FDCPA by failing to include proper disclosures in these debt collection letters.
 
The Settlement Classes are defined as:
 
All persons (1) with an Oregon address, (2) to whom DeVille Asset Management, Ltd. and Jay B. Ledford sent a written communication, (3) between June 16, 2014 and June 16, 2015, (4) and in connection with the collection of a consumer debt,
(5) that indicated a “Balance Due” or an “Account Balance”—or otherwise stated the amount owed on the subject debt—without any statement as to whether interest, late fees, or other charges were accruing.
 
All persons (1) with an Oregon address, (2) to whom DeVille Asset Management, Ltd. and Jay B. Ledford sent a written communication, (3) between June 16, 2014 and June 16, 2015, (4) and in connection with the collection of a consumer debt older than six years, (5) that offered to settle the debt for less than the full amount, but failed to make any representation as to whether the debt was legally enforceable.

All persons (1) with an Oregon address, (2) to whom DeVille Asset Management, Ltd. and Jay B. Ledford sent an initial debt collection communication, (3) between June 16, 2014 and June 16, 2015, (4) and in connection with the collection of a consumer debt, (5) that failed to state (a) whether interest was accruing on the subject debt, and, if interest was accruing, the amount of interest due as of the date of the initial communication, and/or (b) the effective date as of which an amount would suffice to pay off the subject debt in full, and/or (c) the date as of which any unpaid accrued interest was calculated, and/or (d) the applicable interest rate.
 
All persons (1) with an Oregon address, (2) to whom DeVille Asset Management, Ltd. and Jay B. Ledford sent an initial debt collection communication, (3) between June 16, 2014 and June 16, 2015, (4) and in connection with the collection of a consumer debt, (5) that failed to state the name of the creditor to whom the debt was owed.
 
The Court granted preliminary approval to the settlement on December 7, 2016, and granted final approval on April 18, 2017.
 
If you have any questions about the settlement or the litigation, please contact Jesse S. Johnson at jjohnson@gdrlawfirm.com.