40.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs above  herein with the same force and effect as if the same were set forth at length herein.   41.  Defendant is a debt collector as defined by the FDCPA.  See 15 U.S.C. § 1692a(6).   42.  Plaintiff is a consumer as defined by the FDCPA.  See 15 U.S.C. § 1692a(3).   43.  The Debt that Defendant sought to collect was a consumer debt as defined by the FDCPA.   See 15 U.S.C. § 1692a(5).   44.  Defendant’s conduct violated 15 U.S.C. § 1692e in that Defendant attempted to collect a  debt using false, deceptive, or misleading representation or means in connection with the collection  of the debt.   45.  Defendant’s conduct violated 15 U.S.C. 1692e(2)(A)&(B) in that Defendant made false,  deceptive, and misleading representations concerning the character, amount, or legal status of the  Debt or any amount which may be collected or sought to be collected by a debt collector in  connection with the collection of a debt.    8.  On or before May 22, 2014, an obligation (the “Debt”) was allegedly incurred by Plaintiff  Terri Gwinn to the original creditor, Texas Health Dallas (“Creditor”).   9.  The Debt arose out of a transaction in which money, property, insurance or services, which  are the subject of the transaction, are primarily for personal, family or household purposes and  therefore it meets the definition of a “debt” under 15 U.S.C. § 1692a(5) and TEX. FIN. CODE §  392.001(2).   VIOLATIONS OF THE TEXAS DEBT COLLECTION ACT,  TEX. FIN. CODE § 392.001, et seq.   Brought by Plaintiff, individually and on behalf of the Texas Class   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT,  15 U.S.C. § 1692 et seq.   Brought by Plaintiff, individually and on behalf of Both Classes  