    VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. § 1692e et seq.   10.  Plaintiff brings this claim on behalf of the following class, pursuant to Fed. R. Civ.  P. 23(a) and 23(b)(3).   11.  The Class consists of:   a. all individuals with addresses in the State of New York;  b. to whom Defendant Franklin sent an initial letter;   c. attempting to collect a consumer debt;  d. that failed to properly identify and name the current creditor to whom the debt is  allegedly owed;   e. 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.   12.  The identities of all class members are readily ascertainable from the records of  Defendant and those companies and entities on whose behalf it attempts to collect and/or has  purchased debts.   13.  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.    14.  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 communications to consumers, in the form attached as Exhibit A,  violate 15 U.S.C. §§ 1692e, 1692f, and 1692g.   15.  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  4  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 her attorneys  have any interests, which might cause them not to vigorously pursue this action.   16.  This action has been brought, and may properly be maintained, as a class action  pursuant to the provisions of Rule 23 of the Federal Rules of Civil Procedure because there is a well- defined community interest in the litigation:  a. Numerosity: The Plaintiff is informed and believes, and on that basis alleges,  that the Plaintiff Class defined above is so numerous that joinder of all members  would be impractical.  b. Common Questions Predominate: Common questions of law and fact exist as  to all members of the Plaintiff Class and those questions predominate over any  questions or issues involving only individual class members. The principal issue  is whether the Defendant’s written communications to consumers, in the form  attached as Exhibit A violate 15 U.S.C. §§ 1692e, 1692f, and 1692g.  c. Typicality: The Plaintiff’s claims are typical of the claims of the class members.  The Plaintiff and all members of the Plaintiff Class have claims arising out of the  Defendant’s common uniform course of conduct complained of herein.  d. Adequacy: The Plaintiff will fairly and adequately protect the interests of the  class members insofar as Plaintiff has no interests that are adverse to the absent  class members. The Plaintiff is committed to vigorously litigating this matter.  Plaintiff has also retained counsel experienced in handling consumer lawsuits,  complex legal issues, and class actions. Neither the Plaintiff nor counsel have  5  any interests which might cause them not to vigorously pursue the instant class  action lawsuit.  e. Superiority: A class action is superior to the other available means for the fair  and efficient adjudication of this controversy because individual joinder of all  members would be impracticable. Class action treatment will permit a large  number of similarly situated persons to prosecute their common claims in a single  forum efficiently and without unnecessary duplication of effort and expense that  individual actions would engender.   17.  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.   18.  Depending on the outcome of further investigation and discovery, Plaintiff may, at  the time of class certification motion, seek to certify a class(es) only as to particular issues pursuant  to Fed. R. Civ. P. 23(c)(4).  19.  Plaintiff repeats the above allegations as if set forth here.   20.  On a date better known to Defendant, Plaintiff allegedly incurred an obligation to  non-party DirectTV.   21.  The alleged DirectTV obligation is a "debt" as defined by 15 U.S.C.§ 1692a (5).   22.  This alleged debt arose out of transactions in which money, property, insurance or  services, which are the subject of the transaction, are primarily for personal, family or household  purposes, specifically non-payment for personal credit card purchases.   6   23.  Upon information and belief, DirectTV contracted with Franklin to collect the  alleged debt.   24.  Franklin collects and attempts to collect debts incurred or alleged to have been  incurred for personal, family or household purposes on behalf of themselves or other creditors using  the United States Postal Services, telephone and internet.  Violation – November 23, 2020 Letter   25.  On or about November 23, 2020, Defendant Franklin sent Plaintiff an initial debt  collection letter (the “Letter”), a copy of which is annexed as Exhibit A.   26.  When a debt collector solicits payment from a consumer, it must, within five days of  an initial communication, provide the consumer with a written validation notice, known as a “G- Notice”, which must include the following information:   a. the amount of the debt;   b. the name of the creditor to whom the debt is owed;   c. 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;   d. 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 the judgment against the  consumer and a copy of such verification or judgment will be mailed to the  consumer by the debt collector; and   e. 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  7  of the original creditor, if different from the current creditor. 15 U.S.C. §  1692g(a).   27.  While the November 23, 2020 Letter contains the requisite “G-Notice” language, it  is deficient in that it fails to identify the current creditor to whom the debt is owed.    28.  The Letter’s only reference to the debt is the heading as follows:   29.  The Plaintiff has no way of knowing who the current creditor is from the Letter, the  Letter is unclear if the reference to DirectTV is as the current creditor or if DirectTV was the original  creditor of the debt in that it was previously “owed to” DirectTV and Defendant Franklin is the  current creditor collecting on its own behalf.    30.  The Letter does not make any other reference to DirectTV, and does not refer to them  as their client or state that they are collecting on DirectTV’s behalf.   31.  Pursuant to 15 U.S.C. § 1692g Franklin was required to provide the name of the  current creditor.    32.  Franklin failed to accurately do so.   33.  Mere illusions are not enough, but the Letter must specifically and clearly state who  the creditor is.    34.  Plaintiff was therefore confused as to which debt this letter refers.   35.  Plaintiff was further confused as to which current creditor she should make payment,  if she chose to do so.   36.  Plaintiff suffered emotional harm from this confusion.  8   37.  Plaintiff was also forced to expend time dealing with Franklin’ deceptive collection  practices.   38.  Plaintiff was likewise forced to hire counsel to protect her rights.   39.  Plaintiff was unfairly denied her right to properly address the debt due to Defendant’s  deceptive debt collection efforts.   40.  As a result of all of Defendant’s deceptive, misleading, and unfair debt collection  practices, Plaintiff has been damaged.  41.  Plaintiff repeats the above allegations as if set forth here.   42.  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.   43.  Pursuant to 15 U.S.C. § 1692e, a debt collector may not use any false, deceptive, or  misleading representation or means in connection with the collection of any debt.   44.  Defendant violated 15 U.S.C. § 1692e (10) by improperly identifying the current  creditor and violated 15 U.S.C. §1692e (2) by falsely representing the character of the debt.   45.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant’s  conduct violated Section 1692e et seq. of the FDCPA, actual damages, statutory damages, costs and  attorneys’ fees.  46.  Plaintiff repeats the above allegations as if set forth here.  9   47.  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.   48.  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.   49.  Defendant violated this section by improperly stating who the alleged debt is  currently owed to.    50.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant’s  conduct violated Section 1692f et seq. of the FDCPA, actual damages, statutory damages, costs and  attorneys’ fees.  51.  Plaintiff repeats the above allegations as if set forth here.   52.  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.   53.  Pursuant to 15 USC §1692g:  Within five days after the initial communication with a consumer in  connection with the collection of any debt, a debt collector shall… send the  consumer a written notice containing … (2) the name of the creditor to whom  the debt is owed…   54.  Defendant violated 15 U.S.C. § 1692g by failing to the properly name the creditor to  whom the debt is allegedly owed.   55.  By reason thereof, Defendant is 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.  10  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. § 1692g et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. § 1692f et seq.  