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JUDGMENT AGAINST DEVILLE .pdf



Original filename: JUDGMENT_AGAINST_DEVILLE.pdf

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CFCJ CIVIL AND CONSUMER AFFAIRS DEPARTMENT
ARBITRATION DIVISION
http://citizensforcorporatejustice.4t.com/

[THIS DECISION WILL BE PUBLISHED IN THE
NATIONAL CONSUMER PROTECTION
DATABASE]

|COPY
DECISION AND RECCOMENDATIONS,
CASE #1130
In the Matter of
Complainant,
v.
)
)
)
)
)
)
DEVILLE SOUTHWEST MANAGEMENT Inc., and
Manager Jana Millard

DECISION & OPINION
For the following reasons, the Department concludes the
following:
1. A finding that Complainant completely paid Deville
Management in full, and a finding that Deville Management
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CFCJ Civil & Consumer Affairs Dept. http://citizensforcorporatejustice.4t.com/

and Jana Millard engaged in RACE DISCRIMINATION by not
collecting unpaid debts from certain white tenants.

I.

INTRODUCTION

A. We have reviewed documents from Deville sent to
Complainant concerning an alleged unpaid balance.
B. We have also reviewed Complainant’s responses to
Deville.
C. We have also investigated claims that Deville billed
Complainant differently than white tenants.
D. It is the Opinion of this Department that Deville was
paid in full by Complainant. Furthermore, it is also
the opinion of this Department that Deville and its
manager, Jana Millard, engaged in racial
discrimination by not collecting debt from certain
white tenants who are no longer at the apartment
complex.
E. Now to the issues of the complaint:

II.

THE DEPARTMENT’S FINDING OF FACTS

A. Complainant lived in Deville Apartments for nearly 5
years, her tenure ending in 2015.
B. During the time Complainant complained of receiving
harassment from Manager Jana Millard. Specifically,
Complainant alleged Jana Millard treated her
differently than white tenants, alleging that Jana
Millard, among other things, allowed certain white

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CFCJ Civil & Consumer Affairs Dept. http://citizensforcorporatejustice.4t.com/

tenants to leave the apartment complex without fully
paying money owed to Deville.
C. In January, 2017 Complainant filed a complaint with
this department against Deville alleging, race
discrimination and unfair debt collection practices.
D. For several reasons, we agree with Complainant.
E. Complainant has provided us with evidence that she
hired professional cleaners who worked on the
apartment, and indeed, cleaned the rugs, floors, and
other things before she left the apartment complex.
F. Complainant has also provided us with evidence that a
white tenant was allowed to depart the apartment
complex without fully paying monies owed to it.
G. Furthermore, we find that Jana Millard, apartment
manager, failed to mitigate the damages as required
under state law, and further, did not deduct from
Complainant’s bill, normal wear and tear as required
under state law.
H. Lastly, we find that Complainant was overcharged, and
owes nothing more to Deville.

III. DECISION

Because Complainant was overcharged it is the decision
of this Department that she owes nothing more to
Deville, also because a white tenant was allowed to
depart the apartment complex without fully paying monies
owed to it while Complainant was still charged, we find
that Deville, and manager Jana Millard, engaged in race
discrimination.
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CFCJ Civil & Consumer Affairs Dept. http://citizensforcorporatejustice.4t.com/

THEREFORE, THIS DEPARTMENT WILL SUBMIT A COPY OF THIS
DECISION TO THE MISSOURI ATTORNEY GENERAL’S OFFICE, AND
IF THIS ALLEGED DEBT IS NOT REMOVED FROM COMPLAINANT’S
CREDIT REPORT WITHIN (30) DAYS, THEN THIS DECISION WILL
BE SUBMITTED ALSO TO THE FEDERAL TRADE COMISSION, AND
COLE COUNTY CIRCUIT COURT. WE FURTHER SUGGEST THAT
DEVILLE CEASE AND DESIST IN ANY AND ALL ATTEMPTS TO
FURTHER COLLECT ON THIS ACTION.

IV.

NOTATIONS

A. This decision shall be published nationally, and
copies will be sent the appropriate federal agencies,
& parties affected.

V.

Legal Effect of This Decision

 A Court of Law may take judicial notice of
this Department’s decision pursuant to
existing law. Fed. R. Evid. 201(b) (West
2000).

Dated this 28th day of January, 2017

4
CFCJ Civil & Consumer Affairs Dept. http://citizensforcorporatejustice.4t.com/

_Chris

Walters____

CHRISTOPHER “CHRIS” WALTERS

ARBITRATOR
Director of Civil and Consumer
Affairs Department

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CFCJ Civil & Consumer Affairs Dept. http://citizensforcorporatejustice.4t.com/


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