(Fair Debt Collection Practices Act)   (Per se Violations of Washington’s Consumer Protection Act, RCW § 19.86  et seq.)   (Violations of the Washington Consumer Protection Act, RCW § 19.86 et seq.  Non-Per Se Unfair and Deceptive Business Practices)   10.1 Plaintiffs reallege and incorporate by reference each and every  allegation set forth in the preceding paragraphs.  Case 2:14-cv-00235-RMP    Document 1    Filed 07/18/14 6.1  Defendants have generally treated Plaintiffs the same way they treat  all check writers from whom they attempt to collect money.   Case 2:14-cv-00235-RMP    Document 1    Filed 07/18/14 7.1  This action is brought as a class action, as follows:  UMBRELLA CLASS:  All persons to whom Bounceback sent a  collection demand beginning four years preceding the filing of this  Complaint and continuing, in connection with a returned check,  purporting to be a letter from a Washington county prosecuting  attorney.   Sub-Class 1 (FDCPA):  All members of the umbrella class to whom  Bounceback sent a collection demand seeking to collect a check  written for personal, family or household use beginning one year  preceding the filing of this Complaint and continuing;  Sub-Class 2 (CPA):  All members of the umbrella class to whom  Bounceback sent a collection demand seeking to collect a check  beginning four years preceding the filing of this Complaint and  continuing;   7.2  As set forth below, the proposed Class and Sub-Classes satisfy the  requirements for a class action.   7.3  The definitions of the Class and Sub-Classes are clear, and members  of the Class and Sub-Classes are easily identifiable on the basis of objective  information, as Bounceback maintains information regarding all persons to whom  it sends a collection demand in connection with a returned check, including their  last known addresses.   7.4  Class and Sub-Class members can be identified using information  kept by Defendants in the usual course of business and/or in the control of  Defendants.  Class and Sub-Class members can be notified of the pendency of the  class action through direct mailing and emailing to physical addresses and email  Case 2:14-cv-00235-RMP    Document 1    Filed 07/18/14 8.1  Plaintiffs reallege and incorporate by reference each and every  allegation set forth in the preceding paragraphs.    8.2  The FDCPA prohibits debt collectors from using false, deceptive or  misleading communications to collect a debt, 15  U.S.C. §§ 1692e, 1692e(10), or  from using unfair or unconscionable means to collect.  15 U.S.C. §1692f.   Defendants’ Check Enforcement Program is grounded in deception and  unfairness, in violation of these general prohibitions.  Additionally, defendants  violate specific FDCPA provisions by disguising who they are, how much a  check writer owes, and what will happen if a check writer does not pay, as  follows:  a.  FALSE IDENTITY:  Bounceback’s standard practice is to  send collection letters on official prosecutor letterhead to convey the false  impression that the letters were sent by a law enforcement agency, rather than by  Bounceback, in violation of 15 U.S.C. §§ 1692e(9) and (14).  Bouncebacks’s  standard form letters include the false representation that Bounceback is a law  office, i.e., the office of the county prosecuting attorney, in violation of 15  U.S.C.§ 1692e(3).  Additionally, Defendants violate 15 U.S.C.  1692d(6) by  Case 2:14-cv-00235-RMP    Document 1    Filed 07/18/14 9.1  Plaintiffs reallege and incorporate by reference each and every  allegation set forth in the preceding paragraphs.   9.2  Defendants have engaged in unfair or deceptive acts or practices by  engaging in the following courses of conduct: (i) soliciting claims for collection  in Washington while not licensed as a collection agency in Washington; (ii)  collecting or attempting to collect debts owed or due or asserted to be owed or  due another person while not licensed as a collection agency; (iii) using a  fictitious name or any name other than its own which would indicate to the debtor  that a third person is collecting or attempting to collect such alleged debts; (iv)  making false threats and collecting fees not permitted by law; (vi) collecting  Case 2:14-cv-00235-RMP    Document 1    Filed 07/18/14