23. Defendants have been attempting to collect from plaintiff an alleged credit card debt, incurred (if at all) for personal, family or household purposes and not for business purposes.  24. On or about June 15, 2018,  defendant Central Credit Services, LLC, acting on behalf of defendant JHPDE, as its authorized agent, sent plaintiff the letter attached as Exhibit A.  25. Exhibit A is the first letter plaintiff received from defendant Central Credit Services, LLC regarding the alleged debt described therein.  26. Exhibit A is a form letter, filled out by computer in a standardized manner.  27. On information and belief, based on its contents, Exhibit A is a form intended for use as the first letter defendant Central Credit Services, LLC sends to a consumer  regarding the debt described therein. 28. Plaintiff incorporates paragraphs 1-27.  29. The form letter attached as Exhibit A violates 15 U.S.C. §1692e, 1692e(2), 1692e(10) and 1692g.  It fails to coherently state the amount of the debt, as required, and is confusing and misleading as to the amount of the debt, in that: a. The front of the letter states that the balance due is $5,674.35; b. At the top of the reverse side of the letter is an itemization which describes the same $5,674.35 number as the total due as of charge-off, and which 4 further states that the debt has increased subsequent to charge-off by $431.43 interest and $212 non-interest fees and charges, and that there have been no payments or credits since charge-off.  30. This is mathematically nonsensical: $5,674.35 + $431.43 + $212 - $0 is not $5,674.35.  31. In addition, the letter is ambiguous and inconsistent as to whether interest, fees and other charges are continually being added to the debt.  32. Section 1692g provides: § 1692g.  Validation of debts  (a) Notice of debt; contents.  Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing--    (1) the amount of the debt;    (2) the name of the creditor to whom the debt is owed;    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) Disputed debts.  If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt 5 collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor. (c) Admission of liability.  The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. (d) Legal pleadings.  A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a). (e) Notice provisions.  The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986 [26 USCS §§ 1 et seq.], title V of Gramm- Leach-Bliley Act [15 USCS §§ 6801 et seq.], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.  33. Section 1692e provides: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: . . . (2) The false representation of— (A) the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. . . .  (10) 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. Plaintiff brings this claim on behalf of a class, pursuant to Fed.R.Civ.P. 23(a) and 23(b)(3).    35. The class consists of (a) all individuals (b) with New York addresses, (c) to  6 whom defendant Central Credit Services, LLC sent a letter in the form represented by Exhibit A (d) on behalf of defendant JHP, (e) where the amount listed for the debt as of the date of the letter does not equal the amount listed for the debt as of chargeoff plus any interest, charges and fees accrued since chargeoff minus any payments and credits since chargeoff, (f) which letter was sent any time during a period beginning one year prior to the filing of this action and ending 21 days after the filing of this action.    36. On information and belief, based on defendants’ size and the use of a form letter,  the class is so numerous that joinder of all members is not practicable.    37. There are questions of law and fact common to the class members, which common  questions predominate over any questions relating to individual class members.  The predominant common question is whether Exhibit A violates the FDCPA.  38. Plaintiff’s claim is typical of the claims of the class members.  All are based on the same factual and legal theories.  39. Plaintiff will fairly and adequately represent the class members.  Plaintiff has retained counsel experienced in class actions and FDCPA litigation.  40. A class action is superior for the fair and efficient adjudication of this matter, in that: c. Individual actions are not economically feasible. d. Members of the class are likely to be unaware of their rights; e. Congress intended class actions to be the principal enforcement mechanism under the FDCPA. WHEREFORE, the Court should enter judgment in favor of plaintiff and the class members and against defendants for: i. Statutory damages; ii. Attorney’s fees, litigation expenses and costs of suit; iii. Such other and further relief as the Court deems proper. 7 s/Tiffany N. Hardy Tiffany N. Hardy Tiffany N. Hardy