10.  Plaintiff brings this claim on behalf of the following case, pursuant to Fed. R. Civ.  P. 23(a) and 23(b)(3).   11.  The Class consists of:   a) all individuals with addresses in the State of New York;  b) to whom Defendant Zwicker sent an initial collection letter attempting to collect  a consumer debt;   c) that failed to properly itemize the alleged balance;   d) and included “non-interest charges or fees” in the breakdown of the debt without  any explanation of the other charges or fees;  e) which letter was sent on or after one (1) year prior to the filing of this action and  on or before a date twenty-one (21) days after the filing of this action.    12.  The identities of all class members are readily ascertainable from the records of  Defendant and those companies and entities on whose behalf they attempt to collect and/or have  purchased debts.  4   13.  Excluded from the Plaintiff Class are the Defendants and all officer, members,  partners, managers, directors and employees of the Defendants and their respective immediate  families, and legal counsel for all parties to this action, and all members of their immediate  families.    14.  There are questions of law and fact common to the Plaintiff Class, which common  issues predominate over any issues involving only individual class members. The principal issue  is whether the Defendant’s written communications to consumers, in the forms attached as  Exhibit A, violate 15 U.S.C. §§ l692e and §1692g.   15.  The Plaintiff’s claims are typical of the class members, as all are based upon the same  facts and legal theories. The Plaintiff will fairly and adequately protect the interests of the  Plaintiff Class defined in this complaint. The Plaintiff has retained counsel with experience in  handling consumer lawsuits, complex legal issues, and class actions, and neither the Plaintiff  nor his attorneys have any interests, which might cause them not to vigorously pursue this action.   16.  This action has been brought, and may properly be maintained, as a class action  pursuant to the provisions of Rule 23 of the Federal Rules of Civil Procedure because there is a  well-defined community interest in the litigation:  a) Numerosity: The Plaintiff is informed and believes, and on that basis alleges,  that the Plaintiff Class defined above is so numerous that joinder of all members  would be impractical.  b) Common Questions Predominate: Common questions of law and fact exist as  to all members of the Plaintiff Class and those questions predominance over any  questions or issues involving only individual class members. The principal issue  5  is whether the Defendants' written communication to consumers, in the forms  attached as Exhibit A violate 15 USC §l692e and §1692g.  c) Typicality: The Plaintiff’s claims are typical of the claims of the class members.  The Plaintiff and all members of the Plaintiff Class have claims arising out of the  Defendants' common uniform course of conduct complained of herein.  d) Adequacy: The Plaintiff will fairly and adequately protect the interests of the  class members insofar as Plaintiff has no interests that are adverse to the absent  class members. The Plaintiff is committed to vigorously litigating this matter.  Plaintiff has also retained counsel experienced in handling consumer lawsuits,  complex legal issues, and class actions. Neither the Plaintiff nor his counsel have  any interests which might cause them not to vigorously pursue the instant class  action lawsuit.  e) Superiority: A class action is superior to the other available means for the fair  and efficient adjudication of this controversy because individual joinder of all  members would be impracticable. Class action treatment will permit a large  number of similarly situated persons to prosecute their common claims in a single  forum efficiently and without unnecessary duplication of effort and expense that  individual actions would engender.   17.  Certification of a class under Rule 23(b)(3) of the Federal Rules of Civil Procedure  is also appropriate in that the questions of law and fact common to members of the Plaintiff  Class predominate over any questions affecting an individual member, and a class action is  superior to other available methods for the fair and efficient adjudication of the controversy.  6   18.  Depending on the outcome of further investigation and discovery, Plaintiff may, at  the time of class certification motion, seek to certify a class(es) only as to particular issues  pursuant to Fed. R. Civ. P. 23(c)(4).  19.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered above herein with the same force and effect as if the same were set forth at length  herein.   20.  Some time prior to December 31, 2019 an obligation was allegedly incurred to either  U.S. Bank National Association.    21.  The U.S. Bank National Association obligation arose out of transactions in which  money, property, insurance or services, which are the subject of the transaction, were primarily  for personal, family or household purposes.   22.  The alleged U.S. Bank National Association obligation is a "debt" as defined by 15  U.S.C.§ 1692a(5).   23.  U.S. Bank National Association is a “creditor” as defined by 15 U.S.C.§ 1692a(4).   24.  U.S. Bank National Association contracted with Defendant Zwicker to collect the  obligation.   25.  Defendant Zwicker collects and attempts to collect debts incurred or alleged to have  been incurred for personal, family or household purposes on behalf of creditors using the United  States Postal Services, telephone and internet.  Violation – December 31, 2019 Collection Letter  7   26.  On or about December 31, 2019 the Defendant Zwicker sent the Plaintiff a collection  letter (the “Letter”) regarding the alleged debt owed to U.S. Bank National Association. See  Collection Letter – Attached hereto as Exhibit A.    27.  When a debt collector solicits payment from a consumer, it must, within five days of  an initial communication, provide the consumer with a written validation notice, known as a “G- Notice”, which must include the following information:   a) the amount of the debt;   b) the name of the creditor to whom the debt is owed;   c) a statement that unless the consumer, within thirty days after receipt of the notice,  disputes the validity of the debt, or any portion thereof, the debt will be assumed  to be valid by the debt collector;   d) a statement that if the consumer notifies the debt collector in writing within the  thirty-day period that the debt, or any portion thereof, is disputed, the debt  collector will obtain verification of the debt or a copy of the judgment against the  consumer and a copy of such verification or judgment will be mailed to the  consumer by the debt collector; and   e) a statement that, upon the consumer’s written request within the thirty-day  period, the debt collector will provide the consumer with the name and address  of the original creditor, if different from the current creditor. 15 U.S.C. §  1692g(a).   28.  The Defendant’s Letter did not contain all the requirements of the “G-Notice”.  Specifically, this Letter deceptively fails to identify the exact amount of the debt owed.    29.  In addition, the Letter contains a breakdown of the balance as follows:  8   30.  Defendant’s breakdown contains non-interest charges or fees accrued since charge- off without any explanation as to these charges.    31.  No explanation is given in the letter as to what would cause these charges or fees  after the debt has been charged-off to occur and if these charges could re-occur and if it would  re-occur at what frequency.    32.  Plaintiff has no basis to determine what “charges or fees” could affect his balance  day to day besides interest.    33.  If Defendant is aware of the “charges or fees” that would lead to an increase of the  balance, Defendant should clarify and explain them in the letter.    34.  Furthermore, the Letter does not disclaim if the account would continue to accrue  these charges.    35.  The language is false and deceptive as Plaintiff was unable to determine what the  charges or fees are and whether it would be recurring in the future.    36.  As a result of Defendant’s deceptive, misleading and unfair debt collection practices,  Plaintiff has been damaged.   37.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  above herein with the same force and effect as if the same were set forth at length herein.  9   38.  Defendant Zwicker’s debt collection efforts attempted and/or directed towards the  Plaintiff violated various provisions of the FDCPA, including but not limited to 15 U.S.C. §  1692e.   39.  Pursuant to 15 U.S.C. §1692e, a debt collector may not use any false, deceptive, or  misleading representation or means in connection with the collection of any debt.   40.  Defendant Zwicker violated said section by:  a) Making a false and misleading representation in violation of § 1692e(10);  b) Falsely representing the character amount or legal status of the debt in violation  of §1692e(2).    41.  By reason thereof, Defendant Zwicker is liable to Plaintiff for judgment that  Defendant Zwicker’s conduct violated Section 1692e et seq. of the FDCPA, actual damages,  statutory damages, costs and attorneys’ fees.  42.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  above herein with the same force and effect as if the same were set forth at length herein.   43.  Defendant Zwicker’s debt collection efforts attempted and/or directed towards the  Plaintiff violated various provisions of the FDCPA, including but not limited to 15 U.S.C. §  1692g.   44.  When a debt collector solicits payment from a consumer, it must, within five days of  an initial communication, provide the consumer with a written validation notice which must  include a clear breakdown of the balance owed. §1692g(a)(1).   10   45.  Defendant violated this section by unfairly failing to advise Plaintiff as to the basis  for the additional charges or fees and therefore not properly identifying the amount of the debt.    46.  By reason thereof, Defendant Zwicker is liable to Plaintiff for judgment that  Defendants’ conduct violated Section 1692g et seq. of the FDCPA, actual damages, statutory  damages, costs and attorneys’ fees.   47.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  above herein with the same force and effect as if the same were set forth at length herein.    48.  Defendant’s debt collection efforts attempted and/or directed toward Plaintiff  violated various provisions of the FDCPA, including but not limited to 15 U.S.C. § 1692f.   49.  Pursuant to 15 U.S.C. § 1692f, a debt collector may not use any unfair or  unconscionable means in connection with the collection of any debt.    50.  Defendant violated this section by  a) Unfairly adding additional “charges or fees”, when no other charges or fees are  allowed by contract or law.   51.   By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant’s  conduct violated Section 1692f, et seq. of the FDCPA and is entitled to actual damages, statutory  damages, costs and attorneys’ fees.   11  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. §1692e  et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C.  §1692f et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C.  §1692g et seq.  