10.  The alleged debt identified in Exhibit A was incurred for personal, family or  household purposes, specifically store credit with Montgomery Ward, an online retailer.  http://www.wards.com/custserv/custserv.jsp?pageName=altCreditFull.   11.  Exhibit A includes the following text:   13.  The primary definition of the word “proceeding” refers to legal action. See,  http://www.merriam-webster.com/dictionary/proceeding  (“1.  legal  action  <a  divorce  proceeding>”)   14.  In fact, ACS is merely a debt collector, authorized only to use mail and telephone  to collect debts.   15.  ACS is not an attorney or law firm.   16.  ACS is collecting on behalf of its client, Montgomery Ward. See Exhibit A  (identifying “Montgomery Ward” as the “Creditor”).    17.  Upon information and belief, ACS has no ownership interest in Plaintiff’s or any  class member’s alleged debt.   18.  ACS has no standing to sue and no ability to represent the creditor in a lawsuit.   19.  ACS’s misrepresentation is material misrepresentation because it misleads the  unsophisticated consumer about risk of legal action. See Hahn v. Triumph P’ships LLC, 557 F.3d  755, 757-58 (7th Cir. 2009).    20.  15 U.S.C. § 1692e generally prohibits “any false, deceptive, or misleading  representation or means in connection with the collection of any debt.”   21.  15 U.S.C. § 1692e(5) specifically prohibits: “The threat to take any action that  cannot legally be taken or that is not intended to be taken.”   22.  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.”  24.  Exhibit A falsely implies that ACS is authorized to bring a legal action against the  consumer.   25.  Defendant violated 15 U.S.C. §§ 1692e, 1692e(5) and 1692e(10).  26.  Plaintiff brings this action on behalf of a Class, consisting of (a) all natural  persons in the State of Wisconsin, (b) who were sent a collection letter in the form represented  by Exhibit A, (c) seeking to collect a debt for personal, family or household purposes, (d) on or  after April 24, 2013, (e) that was not returned by the postal service.   27.  The Class is so numerous that joinder is impracticable.  Upon information and  belief, there are more than 50 members of the Class.   28.  There are questions of law and fact common to the members of the class, which  common questions predominate over any questions that affect only individual class members.   The predominant common question is whether Exhibit A violates the FDCPA.   29.  Plaintiff’s claims are typical of the claims of the Class members.  All are based on  the same factual and legal theories.   30.  Plaintiff will fairly and adequately represent the interests of the Class members.  Plaintiff has retained counsel experienced in consumer credit and debt collection abuse cases.   31.  A class action is superior to other alternative methods of adjudicating this dispute.    Individual cases are not economically feasible.  8.  On or about May 10, 2013, ACS mailed a debt collection letter to Plaintiff  regarding an alleged debt owed to “MONTGOMERY WARD”. A copy of this letter is attached  to this Complaint as Exhibit A.   9.  Upon information and belief, Exhibit A is a form letter, generated by computer,  and with the information specific to Plaintiff inserted by computer.   Defendant.  ) )  )  )  )  )  )  )  )  )  ) Case No.: 14-cv-468 