12. Plaintiff brings claims, pursuant to the Federal Rules of Civil Procedure (hereinafter “FRCP”)  Rule 23, individually and on behalf of the following consumer class (the “Class”):  • Plaintiff brings this action individually and as a class action on behalf of all  persons similarly situated in the State of New York from whom Defendant  attempted to collect a consumer debt using the same unlawful form letter herein,  from one year before the date of this Complaint to the present.   • The Class satisfies all the requirements of Rule 23 of the FRCP for maintaining  a class action:   13. The Class satisfies all the requirements of Rule 23 of the FRCP for maintaining a class action:  ● Upon information and belief, the Class is so numerous that joinder of all  members is impracticable because there are hundreds and/or thousands of  persons who have received debt collection letters and/or notices from  Defendant that violate specific provisions of the FDCPA. Plaintiff is  complaining of a standard form letter and/or notice that is sent to hundreds of  persons (See Exhibit A, except that the undersigned attorney has, in accordance  with Fed. R. Civ. P. 5.2 partially redacted the financial account numbers in an  effort to protect Plaintiff’s privacy);  ● There are questions of law and fact which are common to the Class and which  predominate over questions affecting any individual Class member.  These  common questions of law and fact include, without limitation:  a.  Whether Defendant violated various provisions of the FDCPA;  b.  Whether Plaintiff and the Class have been injured by Defendant’s  conduct;  c.  Whether Plaintiff and the Class have sustained damages and are  entitled to restitution as a result of Defendant’s wrongdoing and if  so, what is the proper measure and appropriate statutory formula to  be applied in determining such damages and restitution; and  d.  Whether Plaintiff and the Class are entitled to declaratory and/or  injunctive relief.  ● Plaintiff’s claims are typical of the Class, which all arise from the same  operative facts and are based on the same legal theories.  ● Plaintiff has no interest adverse or antagonistic to the interest of the other  members of the Class.  ● Plaintiff will fairly and adequately protect the interest of the Class and has  retained experienced and competent attorneys to represent the Class.  ● A Class Action is superior to other methods for the fair and efficient  adjudication of the claims herein asserted. Plaintiff anticipates that no unusual  difficulties are likely to be encountered in the management of this class action.  ● A Class Action will permit large numbers of similarly situated persons to  prosecute their common claims in a single forum simultaneously and without  the duplication of effort and expense that numerous individual actions would  engender.  Class treatment will also permit the adjudication of relatively small  claims by many Class members who could not otherwise afford to seek legal  redress for the wrongs complained of herein.  Absent a Class Action, class  members will continue to suffer losses of statutory protected rights as well as  monetary damages. If Defendant’s conduct is allowed to proceed without  remedy, it will continue to reap and retain the proceeds of its ill-gotten gains.  ● Defendant has acted on grounds generally applicable to the entire Class, thereby  making appropriate final injunctive relief or corresponding declaratory relief  with respect to the Class as a whole.  14. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs numbered  “1” through “13” herein with the same force and effect as if the same were set forth at length  herein.   15. Defendant 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, facsimile, and Internet.   16. Upon information and belief, within the last year Defendant commenced efforts to collect an  alleged consumer “debt” as defined by 15 U.S.C. 1692a(5), when it mailed a Collection Letter  to Plaintiff seeking to collect on an unpaid account allegedly owed to JTM Capital  Management, LLC.   17. On or around April 3, 2017, Defendant sent Plaintiff a collection letter (hereinafter, the  “Letter”).  See Exhibit A.   18. The Letter was sent or caused to be sent by persons employed by Defendant as a “debt  collector” as defined by 15 U.S.C. §1692a(6).   19. The Letter is a “communication” as defined by 15 U.S.C. §1692a(2).   20. The Letter states in pertinent part: “Northstar would like to offer you a payment arrangement  on your account…should you wish to take advantage of this option, your first payment should  be received no later than 04/18/17…”   21. As a result of the following Counts, Defendant violated the FDCPA.  First Count  Violation of 15 U.S.C. §§ 1692e, et seq.  False or Misleading Representations as to the Rights of the Consumer   22. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs numbered  “1” through “21” herein with the same force and effect as if the same were set forth at length  herein.   23. 15 U.S.C. § 1692e prohibits a debt collector from using any false, deceptive, or misleading  representation or means in connection with the collection of any debt.   24. While § 1692e specifically prohibits certain practices, the list is non-exhaustive, and does not  preclude a claim of falsity or deception based on any non-enumerated practice.   25. Collection letters are deceptive if they can be reasonably read to have two or more different  meanings, one of which is inaccurate.   26. Said offer falsely states or implies that the respective settlement offer is valid only if payment  is received “no later than 04/18/17.”   27. Statements that a settlement offer is a “limited time offer,” or that the offer expires on a specific  date, or that payments must be received by that date, are false and misleading because the same  offer is, upon information and belief, available at any time.   28. Such false statements are materially false statements, as they impart in the unsophisticated  consumer, a false belief that he or she must hurry to take advantage of a limited time  opportunity, when in reality, there is no such time limit.   29. The Seventh Circuit has established “safe harbor” language regarding settlement offers in  collection letters: As in previous cases in which we have created safe-harbor language for use  in cases under the Fair Debt Collection Practices Act, we think the present concern can be  adequately addressed yet the unsophisticated consumer still be protected against receiving a  false impression of his options by the debt collector's including with the offer the following  language: “We are not obligated to renew this offer.” The word “obligated” is strong and even  the unsophisticated consumer will realize that there is a renewal possibility but that it is not  assured. Evory v. RJM Acquisitions Funding L.L.C., 505 F.3d 769, 775-76 (7th Cir. 2007).   30. Defendant did not use the safe harbor language in its communication to Plaintiff.   31. Upon information and belief, the deadline in Exhibit A to respond to the settlement offer is a  sham. There is no actual deadline. The sole purpose of the purported deadline is to impart in  the consumer a false sense of urgency.   32. 15 U.S.C. § 1692e generally prohibits “any false, deceptive, or misleading representation or  means in connection with the collection of any debt.”   33. 15 U.S.C. § 1692e(10) specifically prohibits the “use of any false representation or deceptive  means to collect or attempt to collect any debt.”   34. 15 U.S.C. § 1692f generally prohibits “unfair or unconscionable means to collect or attempt to  collect any debt.”   35. The statement in Defendant’s April 3, 2017 Letter is false and misleading, in violation of 15  U.S.C. §§ 1692e, 1692e(2), and 1692e(10).   36.  Defendant could have taken the steps necessary to bring its actions within compliance of the  FDCPA, but neglected to do so and failed to adequately review its actions to ensure  conformance to the law. 