1. there is no explanation of the increase or note that the balance is increasing  or will continue to increase; or   11.  Plaintiff brings this claim on behalf of the following class, pursuant to Fed. R. Civ.  P. 23(a) and 23(b)(3).   12.  The Class consists of:   a. all individuals with addresses in the State of New York;  b. to whom Defendant Simm sent a. initial letter;  c. attempting to collect a consumer debt;  d. where the current balance is listed as more than the charge-off balance;  e. in two sub-classes where:   14.  Excluded from the Plaintiff Class are the Defendant and all officers, members,  partners, managers, directors and employees of the Defendant and their respective immediate  families, and legal counsel for all parties to this action, and all members of their immediate families.    15.  There are questions of law and fact common to the Plaintiff Class, which common  issues predominate over any issues involving only individual class members. The principal issue is  whether the Defendant’s written communication to consumers, in the forms attached as Exhibit A,  violate 15 U.S.C. §§ 1692e, 1692f, and 1692g.   16.  The Plaintiff’s claims are typical of the class members, as all are based upon the same  facts and legal theories. The Plaintiff will fairly and adequately protect the interests of the Plaintiff  Class defined in this complaint. The Plaintiff has retained counsel with experience in handling  consumer lawsuits, complex legal issues, and class actions, and neither the Plaintiff nor his attorneys  have any interests, which might cause them not to vigorously pursue this action.   18.  Certification of a class under Rule 23(b)(3) of the Federal Rules of Civil Procedure  is also appropriate in that the questions of law and fact common to members of the Plaintiff Class  predominate over any questions affecting an individual member, and a class action is superior to  other available methods for the fair and efficient adjudication of the controversy.   2.  where additional amounts that could be added or subtracted from the  balance since charge off are all listed as zero; and  f. which letter was sent on or after a date one (1) year prior to the filing of this  action and on or before a date twenty-one (21) days after the filing of this action.   20.  Plaintiff repeats the above allegations as if set forth here.   21.  Some time prior to October 15, 2020, Plaintiff allegedly incurred an obligation to  non-party Elan.   22.  The obligation arose out of transactions incurred primarily for personal, family, or  household purposes, specifically a personal credit card.   23.  The alleged Elan obligation is a "debt" as defined by 15 U.S.C.§ 1692a (5).   24.  Elan is a "creditor" as defined by 15 U.S.C.§ 1692a (4).   25.  Upon information and belief, Elan contracted with Defendant Simm to collect the  alleged debt.   26.  Defendant Simm 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 and internet.  Violation – October 15, 2020 Collection Letter   27.  On or about October 15, 2020, Defendant Simm sent Plaintiff an initial collection  letter regarding the alleged debt.  See Letter attached as Exhibit A.   28.  The Letter states “BALANCE: $5,510.77” and then states:  63.  Defendant’s debt collection efforts attempted and/or directed towards the Plaintiff  violated various provisions of the FDCPA, including but not limited to, 15 U.S.C. § 1692e.   64.  Pursuant to 15 U.S.C. §1692e, a debt collector may not use any deceptive, or  misleading representation or means in connection with the collection of any debt.   65.  Defendant violated said section by:   a. Failing to state that the balance may increase despite that it could, and in fact,  did; or alternatively, implying that it will continue to increase when in fact it  would not, in violation of §1692e (10); and  b. Stating zero amounts for additions to the charge-off amount despite that the  balance had increased, in violation of §1692e (10); and  c. Falsely representing the character, amount or legal status of the debt in violation  of §1692e (2).   66.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant’s  conduct violated Section 1692e, et seq. of the FDCPA and Plaintiff is entitled to actual damages,  statutory damages, costs and attorneys’ fees.  67.  Plaintiff repeats the above allegations as if set forth here.   68.  In the alternative, Defendant’s debt collection efforts attempted and/or directed  towards the Plaintiff violated various provisions of the FDCPA, including but not limited to, 15  U.S.C. § 1692f.   69.  Pursuant to 15 U.S.C. §1692f, a debt collector may not use any unfair or  unconscionable means in connection with the collection of any debt.   71.  By reason thereof, Defendant are liable to Plaintiff for judgment that Defendant’s  conduct violated Section 1692f, et seq. of the FDCPA and Plaintiff is entitled to actual damages,  statutory damages, costs and attorneys’ fees.  72.  Plaintiff repeats the above allegations as if set forth here.   73.  Defendant’s debt collection efforts attempted and/or directed towards the Plaintiff  violated various provisions of the FDCPA, including but not limited to 15 U.S.C. § 1692g.   75.  Defendant violated 15 U.S.C. §1692g by failing to include a clear statement about  the amount of the debt and whether it is static or dynamic despite implications in the letter both  ways.   76.  By reason thereof, Defendant are liable to Plaintiff for judgment that Defendant’s  conduct violated Section 1692g et seq. of the FDCPA, actual damages, statutory damages, costs  and attorneys’ fees.  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. §1692e et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. §1692f et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. § 1692g et seq.  