21.  Defendant alleges Plaintiff owes a debt (“the alleged Debt”).     22.  The alleged Debt is an alleged obligation of Plaintiff to pay money arising out of a  transaction in which the money, property, insurance, or services which are the subject of the  transaction are primarily for personal, family, or household purposes.   23.  The alleged Debt does not arise from any business enterprise of Plaintiff.   24.  The alleged Debt is a “debt” as defined by 15 U.S.C. § 1692a(5).   25.  At an exact time known only to Defendant, the alleged Debt was assigned or  otherwise transferred to Defendant for collection.   4   26.  At the time the alleged Debt was assigned or otherwise transferred to Defendant for  collection, the alleged Debt was in default.   27.  In its efforts to collect the alleged Debt, Defendant contacted Plaintiff by letters  including the letter dated December 13, 2019 (“the Letter”). (A true and accurate copy is annexed  hereto as “Exhibit 1.”)   28.  The Letter conveyed information regarding the alleged Debt.   29.  The Letter is a “communication” as defined by 15 U.S.C. § 1692a(2).    30.  The Letter was received and read by Plaintiff.   31.  15 U.S.C. § 1692e protects Plaintiff's concrete interests. Plaintiff has the interest  and right to be free from deceptive and/or misleading communications from Defendant. As set  forth herein, Defendant deprived Plaintiff of this right.   32.  15 U.S.C. § 1692e prohibits the use of any false, deceptive, or misleading  representation or means in connection with the collection of any debt.    33.  15 U.S.C. § 1692e(10) prohibits the use of any false representation or deceptive  means to collect or attempt to collect any debt or to obtain information concerning a consumer.    34.  15 U.S.C. § 1692e(10) prohibits the use of any false representation or deceptive  means to collect or attempt to collect any debt.     35.  A debt collection practice can be a “false, deceptive, or misleading” practice in  violation of 15 U.S.C. § 1692e even if it does not fall within any of the subsections of 15 U.S.C. §  1692e.   36.  A collection letter also violates 15 U.S.C. § 1692e if, it is reasonably susceptible to  an inaccurate reading by the least sophisticated consumer.     37.  The Letter contains a settlement offer.      38.  While a settlement offer in and of itself is not improper, such offer runs afoul of the  FDCPA if it impresses upon the least sophisticated consumer that if he or she does not accept the  settlement, he or she will have no further opportunity to settle the debt for less than the full  amount.   5   39.  Upon being presented with such offer, the least sophisticated consumer could be  materially misled into remitting payment or entering into a repayment plan she may not be able to  afford, for fear of being subjected to additional collection efforts for the full amount of the  debt when, in fact, settlement offers are frequently renewed if the consumer fails to accept the  initial offer.     40.  These concerns can be adequately addressed by the debt collector including with  the offer the following language: “We are not obligated to renew this offer.”   41.  The phrase “we are not obligated to renew this offer” adequately conveys to the  least sophisticated consumer that there is a renewal possibility, but also that it is not assured.    42.  The Letter does not state “we are not obligated to renew this offer,” nor does it  include any kind of substantially similar language.      43.  The least sophisticated consumer would likely be misled by the settlement offer.    44.  The least sophisticated consumer would likely be misled in a material way by the  settlement offer.    45.  Defendant has violated 15 U.S.C. § 1692e by way of using a false, deceptive, or  misleading representation or means in its attempt to collect Plaintiff’s alleged Debt.   46.  For the foregoing reasons, Defendant violated 15 U.S.C. §§ 1692e and 1692e(10)  and is liable to Plaintiff therefor.  47.  Plaintiff brings this action individually and as a class action on behalf of all persons  similarly situated in the State of New York.   48.  Plaintiff seeks to certify a class of:  All consumers to whom Defendant sent a collection letter substantially  and materially similar to the Letter sent to Plaintiff, which letter was  sent on or after a date one year prior to the filing of this action to the  present.   49.  This action seeks a finding that Defendant's conduct violates the FDCPA, and asks  that the Court award damages as authorized by 15 U.S.C. § 1692k.   50.  The Class consists of more than thirty-five persons.   51.  Plaintiff's claims are typical of the claims of the Class.  Common questions of law  or fact raised by this action affect all members of the Class and predominate over any individual  6  issues.  Common relief is therefore sought on behalf of all members of the Class.  A class action is  superior to other available methods for the fair and efficient adjudication of this controversy.   52.  The prosecution of separate actions by individual members of the Class would  create a risk of inconsistent or varying adjudications with respect to the individual members of the  Class, and a risk that any adjudications with respect to individual members of the Class would, as  a practical matter, either be dispositive of the interests of other members of the Class not party to  the adjudication, or substantially impair or impede their ability to protect their interests.  Defendant  has acted in a manner applicable to the Class as a whole such that declaratory relief is warranted.   53.  Plaintiff will fairly and adequately protect and represent the interests of the Class.  The management of the class is not extraordinarily difficult, and the factual and legal issues raised  by this action will not require extended contact with the members of the Class, because Defendant's  conduct was perpetrated on all members of the Class and will be established by common proof.   Moreover, Plaintiff has retained counsel experienced in actions brought under consumer protection  laws. 