10.  The Class period begins one year to the filing of this Action.   11.  This Action is properly maintained as a class action. The Class satisfies all the  requirements of Rule 23 of the FRCP for maintaining a class action:  a) Upon information and belief, the Class is so numerous that joinder of all  members is impracticable because there are hundreds of persons who have  received debt collection letters and/or notices from the Defendants that violate  3  the FDCPA. Plaintiff is complaining of a standard form letter sent to hundreds  of persons;  b) There are questions of law and fact which are common to the Class and which  predominate over questions affecting any individual Class member. These  common questions of law and fact include, without limitation whether the  defendants violated various provisions of the FDCPA as alleged more fully  below;  c) Plaintiff’s claims are typical of the Class, which all arise from the same  operative facts and are based on the same legal theories.  d) Plaintiff has no interest adverse or antagonistic to the interest of the other  members of the Class.  e) Plaintiff will fairly and adequately protect the interest of the Class and has  retained competent attorneys to represent the Class.  f) A Class Action is superior to other methods for the fair and efficient  adjudication of the claims herein asserted. Plaintiff anticipates that no unusual  difficulties are likely to be encountered in the management of this class action.  g) A Class Action will permit large numbers of similarly situated persons to  prosecute their common claims in a single forum simultaneously and without  the duplication of effort and expense that numerous individual actions would  engender. Class treatment will also permit the adjudication of relatively small  claims by many Class members who could not otherwise afford to seek legal  redress for the wrongs complained of herein. Absent a Class Action, class  members will continue to suffer losses of statutory protected rights as well as  4  monetary damages. If Defendants’ conduct is allowed to proceed without  remedy they will continue to reap and retain the proceeds of their ill-gotten  gains.  h) Defendants have acted on grounds generally applicable to the entire Class,  thereby making appropriate final injunctive relief or corresponding declaratory  relief with respect to the Class as a whole.   20.  All preceding paragraphs are re-alleged.   21.  Section 15 U.S.C. §1692e of the FDCPA provides that: “A debt collector may not use  any false, deceptive, or misleading representation or means in connection with the  collection of any debt.”   22.  The November 9 Letter contains a false and misleading statement, in advising consumers  that they may raise a complaint regarding defendant’s debt collection practices at the  website www.speakoutohio.gov.  In fact, no such website exists.   23.  Defendant could have taken the steps necessary to bring its actions within compliance  with the FDCPA, but neglected to do so and failed to adequately review its actions to  ensure compliance with the law.   24.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant's conduct  violated Section 1692e of the FDCPA, actual damages, statutory damages, costs and  attorneys’ fees.  9.  Plaintiff brings this action as a state wide class action, pursuant to Rule 23 of the Federal  Rules of Civil Procedure (hereinafter “FRCP”), on behalf of herself and all similarly  situated New York consumers and their successors in interest.  The Class consists of:   a) All New York residents who were sent letters from Defendant,   b) in connection with a “debt” as defined by 15 U.S.C. § 1692a(5), purportedly owed to  Chase Bank USA, N.A., and  c) in which the following language appears: “If you have a complaint about the way we  are collecting this debt, please contact the Ohio Attorney General’s office online at  www.ohioattorneygeneral.gov or www.speakoutohio.gov.”   The class excludes all persons in bankruptcy proceedings.    FALSE AND MISLEADING STATEMENT  15 U.S.C. §1692e  