1. An order certifying that Count I may be maintained as a class action pursuant to Rule  23 of the Federal Rules of Civil Procedure and appointing Plaintiff and the  undersigned counsel to represent the class as previously set forth and defined above;   14. Sometime prior to August 2018, Plaintiff allegedly incurred a financial obligation to  Sprint related to a personal cell phone account in the Plaintiff’s name (the “Debt”). The  Plaintiff’s personal cell phone account Debt with Sprint had an account number ending in  “8404”.    15. The Debt arose out of a transaction in which the money, property, insurance or services  which were the subject of the transaction were primarily for personal, family or  household purposes, namely fees emanating from a personal cell phone account in the  Plaintiff’s name that was issued by Sprint.    16. The Debt arose out of a cell phone account which Plaintiff opened for his personal use.    17. Plaintiff’s cell phone account that was issued by Sprint was neither opened nor used by  Plaintiff for business purposes.    18. Plaintiff’s personal credit card account Debt to Sprint is a “debt” as defined by 15 U.S.C.  §1692a(5).    19. Sometime after the incurrence of the Debt, but before the initiation of this action, Plaintiff  was alleged to have fallen behind on payments owed on the Debt.   2. Adjudging that IC violated 15 U.S.C. §1692e;   21. The Debt was never assigned to IC.    22. Sprint never transferred, sold or assigned any of their property, interest or rights with  regard to the Debt to IC.    23. No privity of contract exists between Defendant and Plaintiff such that Defendant has  standing to sue Plaintiff for non-performance of any legal obligation of the Plaintiff  arising from or with regard to the Debt.    24. Defendant is merely a third-party debt collector with no legal interest or right in the Debt.    25. Defendant contends that the Debt is past-due and in default.    26. At the time the Debt was referred to IC, the Debt was past-due.   27. At the time the Debt was referred to IC, the Debt was in default.    28. At all times relevant hereto, Defendant acted in an attempt to collect the Debt.    29. On or about August 22, 2018, IC mailed or caused to be mailed a letter (the “Letter”) to  Plaintiff. (Annexed and attached hereto as Exhibit A is a true copy of the Letter dated  August 22, 2018 sent by IC to Plaintiff, except the undersigned counsel has in accordance  with Fed. R. Civ. P. 5.2 redacted the financial account numbers and Plaintiff’s street  address to protect his privacy).   3. An award of statutory damages for Plaintiff, and the class pursuant to 15 U.S.C.  §1692k;   30. IC mailed the Letter dated August 22, 2018 attached as Exhibit A as a part of their efforts  to collect the Debt.    31. Plaintiff received the Letter attached as Exhibit A in the mail.    32. Plaintiff read the Letter attached as Exhibit A upon receipt of the letter in the mail.    33. Exhibit A was sent in connection with the collection of the Debt.   34. Exhibit A seeks to collect the Debt.    36. Exhibit A conveyed information regarding the Debt including the Balance, IC Reference  Number and a demand for payment.   37. The letter attached as Exhibit A is a “communication” as that term is defined by 15  U.S.C. §1692a(2).   38. Exhibit A represents IC’s initial collection “communication” with the Plaintiff as  communication is defined by 15 U.S.C. §1692a(2).   39. The Letter attached as Exhibit A states in relevant part in the top right portion:   Balance Due: $2,205.92   4. Attorneys’ fees, litigation expenses, and costs of suit pursuant to 15 U.S.C. §1692k;  and    40. Nowhere does the Letter attached as Exhibit A state, inform, or otherwise disclose that  the “Balance Due” of $2,205.92 listed on the top right portion of the Letter may increase  in the future because of interest and/or fees that will accrue on the Debt.    41. Interest and/or fees were in fact accruing on the Debt at the time Defendant sent the  Letter attached as Exhibit A.    42. Interest and/or fees accrued on the Debt after Defendant sent the Letter attached as  Exhibit A to Plaintiff.    43. The Letter does not state that the holder of the debt, Sprint, would accept payment of the  $2,205.92 amount in full satisfaction of the Debt if payment was made by a specified  date.   45. The Debt has continued to accrue interest and/or fees after Defendant sent the August 22,  2018 Letter, and upon information and belief, the amount of the Debt is currently  $2,222.55.   46. The upward change in the balance of the Debt between the August 22, 2018 Letter sent  by IC ($2,205.92) and the current balance ($2,222.55) is because of fees that have  accrued on the Debt.    47. Exhibit A is a computer-generated form letter.   48. IC’s debt collection practice is largely automated and utilizes standardized form letters.   49. On information and belief, the August 22, 2018 Letter attached as Exhibit A is a mass- produced, computer generated form letter that is prepared by IC and mailed to consumers  in the State of New York, such as Plaintiff, from whom they are attempting to collect a  debt.     50. Defendant used the same procedures they used in sending the letter attached as Exhibit A  when sending the same and/or similar letters to other New York consumers.   51. Plaintiff incorporates by reference all the above paragraphs as though fully stated herein.   52. In sending the Letter attached as Exhibit A, Defendant violated 15 U.S.C. §§1692, 1692e,  1692e(2)(A), 1692e(10).   54. In considering whether a collection notice violates Section 1692e, Courts in the Second  Circuit apply the "least sophisticated consumer" standard. Clomon v. Jackson, 988 F.2d  1314, 1318 (2d Cir. 1993).   55. IC violated §1692e(2)(A) and §1692e(10) by flatly asserting in the Letter that the total  amount of the Debt owed was a sum certain and by failing to inform Plaintiff that the  total amount of the Debt may increase in the future because of interest and/or other  charges.  This assertion was untrue and known to be untrue because IC was hired to  collect a debt that IC knew would increase because of interest and/or fees accrued and did  in fact increase because of interest and/or other fees after the date of the Letter.    56. IC’s Letter attached as Exhibit A is misleading within the meaning of 15 U.S.C §1692e  because a reasonable consumer could read the Letter and be misled into believing that  they could pay their debt in full by paying the $2,205.92 amount listed under the  “Balance Due” heading in the Letter. In fact, however, because interest and/or fees on the  Debt was accruing, a consumer who paid the $2,205.92 amount listed under the “New  Balance” heading would not have paid their debt in full.    58. Like in Avila, Defendant has violated the FDCPA because the amount of Plaintiff’s Debt  was in fact increasing due to interest and/or charges, and the Letter attached as Exhibit A  did not disclose or otherwise state that the Debt may increase in the future because of  interest and/or fees, nor does the Letter use the “safe harbor” language discussed in Avila.  Furthermore, the Letter does not state that the holder of the debt (Sprint) would accept  payment of the “Balance Due” or “Current Balance” listed in the Letter in full  satisfaction of the Debt if payment was made by a specified date. Therefore, like the  letter at issue in Avila, Defendant’s Letter attached as Exhibit A similarly violates the  FDCPA for the same reasons.    60. Plaintiff has alleged a concrete harm because the FDCPA creates a substantive right  under §1692e to be free from abusive debt communications and Defendant’s violations of  the FDCPA results in concrete harm to Plaintiff. See, Cohen v. Rosicki, Rosicki &  Associates, P.C. 897 F.3d 75 (2d. Cir. July 23, 2018)   61. Be reason thereof, Defendant is liable to Plaintiff and the proposed class for judgment that the  Defendant’s conduct violated 15 U.S.C. §1692e and for statutory damages, costs, and attorneys’  fees pursuant to 15 U.S.C. §1692k.   62. Plaintiff incorporates by reference all the above paragraphs as though fully stated herein.   63. This action is brought as a class action. Plaintiff brings this action on behalf of himself  and on behalf of all other persons similarly situated pursuant to Rule 23 of the Federal  Rules of Civil Procedure.    64. The class is initially defined as (a) all consumers; (b) with a New York address; (c) who  were sent a letter from IC in a form materially identical or substantially similar to the  Letter attached as Exhibit A to the Complaint; (d) which was not returned by the post  office as undeliverable; (e) on or after a date one year prior to the filing of this action and  on or before a date 20 days after the filing of this action; and (f) where the debt IC was  seeking to collect was accruing interest, fees and/or other charges.   65. The class definition above may be subsequently modified or refined.    VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT  