44.  Plaintiff re-states, re-alleges, and incorporates herein by reference, paragraphs one (1)  through forty-three (43) as if set forth fully in this cause of action.   45.  This cause of action is brought on behalf of Plaintiff and the members of a class.   46.  The class consists of all persons whom Defendant’s records reflect resided in New York  who received telephonic messages from Defendant within one year prior to the date of the  within complaint up to the date of the filing of the complaint; (a) the telephone call was  placed to a the consumer's home or similar party seeking payment of a consumer debt by  leaving a message for the Plaintiff; and (b) the Plaintiff asserts that the telephone message  was in violation 15 U.S.C. §§ 1692c(b), 1692d, 1692e, 1692e(10), 1692e(11), and 1692f.   47.  Pursuant to Federal Rule of Civil Procedure 23, a class action is appropriate and preferable  in this case because:  A. Based on the fact that form telephonic messages are at the heart of this  litigation, the class is so numerous that joinder of all members is impracticable.  -10-  B. There are questions of law and fact common to the class and these questions  predominate over any questions affecting only individual class members. The  principal question presented by this claim is whether the Defendant violated  the FDCPA.  C. The only individual issue is the identification of the consumers who received  such telephonic messages, (i.e. the class members), a matter capable of  ministerial determination from the records of the Defendant.  D. The claims of the Plaintiff are typical of those of the class members. All are  based on the same facts and legal theories.  E. The Plaintiff will fairly and adequately represent the class members’ interests.  The Plaintiff has retained counsel experienced in bringing class actions and  collection-abuse claims. The Plaintiff’s interests are consistent with those of  the members of the class.   48.  A class action is superior for the fair and efficient adjudication of the class members’  claims. Congress specifically envisions class actions as a principal means of enforcing the  FDCPA. 15 U.S.C. § 1692(k). The members of the class are generally unsophisticated  individuals, whose rights will not be vindicated in the absence of a class action.  Prosecution of separate actions by individual members of the classes would create the risk  of inconsistent or varying adjudications resulting in the establishment of inconsistent or  varying standards for the parties and would not be in the interest of judicial economy.   49.  If the facts are discovered to be appropriate, the Plaintiff will seek to certify a class  pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure.  -11-  50. Collection attempts, such as those made by the Defendant are to be evaluated by the objective standard of the hypothetical “least sophisticated consumer.” Violations of the Fair Debt Collection Practices Act   51. The Defendant’s actions as set forth above in the within complaint violates the Fair Debt Collection Practices Act.  Violations of the Fair Debt Collection Practices Act brought by Plaintiff on behalf of herself and the  members of a class, as against the Defendant.  