28.  Plaintiff is alleged to have incurred and defaulted on a financial obligation to  “Automobile Club.” (“Automobile Club Obligation”).   29.  The Automobile Club Obligation arose out of a transaction in which the money,  property, insurance, or services that were the subject of the transaction were primarily for personal,  family, or household purposes.   30.  Defendant contends the Automobile Club Obligation is in default.   31.  The alleged Automobile Club Obligation is a “debt” as defined by 15 U.S.C.  §1692a(5).   32.  The alleged Automobile Club Obligation is a “consumer debt” as defined by Tex.  Fin. Code § 392.001(2).   33.  Plaintiff is, at all times relevant to this lawsuit, a “consumer” as that term is defined  by 15 U.S.C. § 1692a(3).   34.  Plaintiff is, at all times relevant to this complaint, a “consumer” as that term is  defined by Tex. Fin. Code § 392.001(1).   36.  AWA collects, and attempts to collect, defaulted debts incurred, or alleged to have  been incurred, for personal, family, or household purposes on behalf of creditors using the U.S.  mail, telephone, and Internet.   37.  AWA is, at all times relevant to this complaint, engaged in the act and/or practice  of “debt collection” as that term is defined by Tex. Fin. Code § 392.001(5).   38.  AWA is a “debt collector” as defined by 15 U.S.C. § 1692a(6).   39.  AWA is, at all times relevant to this complaint, a “debt collector” as that term is  defined by Tex. Fin. Code § 392.001(6).   40.  AWA is, at all times relevant to this complaint, a “third-party debt collector” as that  term is defined by Tex. Fin. Code § 392.001(7).   41.  On or about March 23, 2016, AWA mailed a collection letter to Plaintiff concerning  the Automobile Club Obligation, which was dated March 23, 2016, and which Plaintiff received  in the ordinary course of mail. (“3/23/2016 Letter”). A true and correct copy of the 3/23/2016  Letter is attached hereto as Exhibit A, except that the undersigned counsel has, in accordance with  Fed. R. Civ. P. 5.2, partially redacted the financial account numbers and Plaintiff’s home address  in an effort to protect Plaintiff’s privacy.   42.  The 3/23/2016 Letter was mailed, or caused to be mailed, to Plaintiff by persons  employed by AWA as a “debt collector” as defined by 15 U.S.C. § 1692a(6).   43.  The 3/23/2016 Letter was sent to Plaintiff in connection with the collection of a  “debt” as defined by 15 U.S.C. § 1692a(5).   45.  The 3/23/2016 Letter is a “communication” as defined by 15 U.S.C. § 1692a(2).    46.  The 3/23/2016 Letter provides the following information:  Client Name  75.  With respect to the Class, this claim is brought on behalf of all natural persons with  addresses in the State of Texas, to whom AWA mailed a written communication in substantially  the same form as Exhibit A, in connection with its attempt to collect a debt during the period  beginning two years prior to the filing of this action and ending 21 days thereafter, which either:  (i) failed to accurately identify the creditor of the alleged debt; (ii) failed to accurately disclose the  amount of the debt; (iii) stated the balance due may include accrued prejudgment interest;  or (iv)  stated future prejudgment interest may be added as permitted by law or by “Wis. Stats. Sec.  138.04” if the Balance Due is not paid.   76.  With respect to the Class, this claim is brought on behalf of a sub-class of all  persons who meet the class definition set forth, supra, and who paid their alleged debt(s) and were  charged “Interest & Fees” or any other sums that are not authorized by the agreement creating the  obligation or legally chargeable to the consumer.   77.  The identities of all class members are readily ascertainable from the records of  AWA and its clients on whose behalf it attempts to collect debts.   78.  Excluded from the Class and Sub-Class are the Defendants and each of their  respective officers, members, partners, managers, directors, and employees and their respective  immediate families, and legal counsel for all parties to this action and all members of their  immediate families.   80.  The Plaintiff’s claims are typical of the class members, as all are based upon the  same facts and legal theories.   81.  The Plaintiff will fairly and adequately protect the interests of the Class and Sub- Class defined in this complaint. 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.   83.  Certification of a class(es) under Rule 23(b)(2) of the Federal Rules of Civil  Procedure is appropriate in that a determination that Defendants’ standardized written collection  communications to Texas consumers, in the form attached as Exhibit A, violates Tex. Fin. Code  §§ 392.301(a)(8), 392.303(a)(2), 392.304(a)(4), 392.304(a)(8), 392.304(a)(12), 392.304(a)(13),   and § 392.304(a)(19) would permit Plaintiff and the Classes to obtain injunctive relief pursuant to  Tex. Fin. Code § 392.403(a)(1).   84.  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 Classes  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.   86.  Plaintiff realleges and incorporates by reference the allegations in the preceding  paragraphs of this Complaint.   88.  Plaintiff realleges and incorporates by reference the allegations in the preceding  paragraphs of this Complaint.   89.  Defendants violated Tex. Fin. Code § 392.301(a)(8) by threatening to take an action  prohibited by law—including, but not limited to, collecting and attempting to collect amounts that  are incidental to the principal obligation, which amounts are not expressly authorized by the  agreement creating the debt or permitted by law, and causing, attempting to cause, and or  threatening to cause charges to be made to any person for communications by concealment of the  true purpose of the communication including, but not limited to, collect telephone calls, messaging  fees, and telegram fees.   90.  Defendants violated Tex. Fin. Code § 392.303(a)(2) by attempting to collect a  charge, fee, or expense incidental to the obligation that is not expressly authorized by the  agreement creating the obligation or legally chargeable to the consumer.   92.  Defendants violated Tex. Fin. Code § 392.304(a)(8) by making false, deceptive,  and misleading statements regarding the character and extent of the debt it sought to collect.   93.  Defendants violated Tex. Fin. Code § 392.304(a)(12) by making false, deceptive,  and misleading statements that a consumer debt may be increased by the addition of attorney’s  fees, investigation fees, service fees, or other charges that are not authorized by the agreement  creating the obligation or legally chargeable to the consumer.   94.  Defendants violated Tex. Fin. Code § 392.304(a)(13) by making false, deceptive,  and misleading statements that a consumer debt will definitely be increased by the addition of  attorney’s fees, investigation fees, service fees, or other charges when the award of the fees or  charges is subject to judicial discretion.   95.  Defendants violated Tex. Fin. Code § 392.304(a)(19) by using false, deceptive, and  misleading representations and/or deceptive means to collect or attempt to collect any debt or to  obtain information concerning a consumer.  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT  (AGAINST ALL DEFENDANTS)   VIOLATIONS OF THE TEXAS DEBT COLLECTION PRACTICES ACT  (AGAINST ALL DEFENDANTS)  