22.  Defendant alleges Plaintiff owes a debt (“the alleged Debt”).     23.  The alleged Debt is an alleged obligation of Plaintiff to pay money arising out of a  transaction in which the money, property, insurance, or services which are the subject of the  transaction are primarily for personal, family, or household purposes.   24.  The alleged Debt does not arise from any business enterprise of Plaintiff.   25.  The alleged Debt is a “debt” as that term is defined by 15 U.S.C. § 1692a(5).   26.  At an exact time known only to Defendant, the alleged Debt was assigned or  otherwise transferred to Defendant for collection.    27.  At the time the alleged Debt was assigned or otherwise transferred to Defendant for  collection, the alleged Debt was in default.  5   28.  In its efforts to collect the alleged Debt, Defendant caused correspondence,  including a collection letter dated February 21, 2020, to be sent to Plaintiff.  (A true and accurate  copy of that collection letter (the “Letter”) is annexed hereto as “Exhibit 1.”)   29.  The Letter was the initial written communication Plaintiff received from Defendant  concerning the alleged Debt.    30.  The Letter conveyed information regarding the alleged Debt.   31.  The Letter is a “communication” as that term is defined by 15 U.S.C. § 1692a(2).    32.  15 U.S.C. § 1692g protects Plaintiff’s concrete interests. Plaintiff has the interest  and right to receive clear, accurate and unambiguous collection letters from Defendant that would  allow Plaintiff to identify the source of the alleged Debt and confirm that the alleged Debt was  actually owed.  As set forth herein, Defendant deprived Plaintiff of these rights.   33.  15 U.S.C. § 1692e protects Plaintiff’s concrete interests. Plaintiff has the interest  and right to be free from deceptive and/or misleading communications from Defendant. As set  forth herein, Defendant deprived Plaintiff of these rights.   34.  Plaintiff’s injury is “particularized” and “actual” in that the Letter that deprived  Plaintiff of the aforementioned rights was addressed and sent to Plaintiff specifically.    35.  Plaintiff’s injury is directly traceable to Defendant’s conduct because Defendant  sent the Letter, and but for Defendant’s conduct, Plaintiff would not have been deprived of the  aforementioned rights.    36.  Plaintiff has been misled by Defendant’s conduct.    37.  Defendant’s conduct as described in this Complaint was willful, with the purpose  to either harm Plaintiff or with reckless disregard for the harm to Plaintiff that could result from  Defendant’s conduct.  6   38.  Plaintiff justifiably fears that, absent this Court’s intervention, Defendant will  continue to use abusive, deceptive, unfair and unlawful means in its attempts to collect the alleged  Debt and other alleged debts.   39.  Plaintiff justifiably fears that, absent this Court’s intervention, Defendant will  ultimately cause Plaintiff unwarranted economic harm.   40.  As a result of Defendant’s conduct, Plaintiff wasted time, was caused to be  confused and unsure as to Plaintiff’s rights, and ultimately sought counsel and advice causing  Plaintiff the risk of incurring damages including reasonable attorneys’ fees in reviewing Plaintiff’s  rights under the law and prosecuting this claim.   41.  As a result of Defendant’s conduct, Plaintiff’s counsel was caused to expend time,  energy, and money to investigate Plaintiff’s rights under the law and the legitimacy of the alleged  Debt.   42.  The deprivation of Plaintiff’s rights will be redressed by a favorable decision  herein.    43.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.     44.  A favorable decision herein would redress Plaintiff’s injury with money damages.    45.  A favorable decision herein would serve to deter Defendant from further similar  conduct.    46.  § 1692e(2)(A) prohibits the false representation of the character, amount, or legal  status of any debt.   47.  § 1692e(2)(B) prohibits the false representation of any services rendered or  compensation that may be lawfully received by any debt collector for the collection of a debt.  7   48.  15 U.S.C. § 1692e(5) specifically prohibits threatening “to take any action that  cannot legally be taken or that is not intended to be taken.”   49.  15 U.S.C. § 1692e(10) specifically prohibits the “use of any false representation or  deceptive means to collect or attempt to collect any debt.”   50.  15 U.S.C. § 1692f provides a debt collector may not use unfair or unconscionable  means to collect or attempt to collect any debt.   51.  §1692f(1) limits prohibits the collection of any amount, including any interest, fee,  charge, or expense incidental to the debt, unless such amount is expressly authorized by the  agreement creating the debt or permitted by law.   52.  The Letter sets forth that non-interest charges or fees of $266.00 accrued on the  alleged Debt after charge-off.   53.  There is no legal basis to add non-interest charges or fees to the alleged Debt after  charge-off.   54.  Such post charge-off non-interest charges or fees are neither expressly authorized  by the agreement creating the debt, nor permitted by law.    55.  The Letter falsely implies that there was a legal basis to add charges or fees to the  alleged Debt after charge-off.   56.  The Letter sets forth that interest of $212.00 accrued on the alleged Debt after  charge-off.   57.  There is no legal basis to add interest to the alleged Debt after charge-off.   58.  Such post charge-off interest charges or fees are neither expressly authorized by the  agreement creating the debt, nor permitted by law.   59.  The Letter falsely implies that there was a legal basis to add interest to the alleged  8  Debt after charge-off.   60.  Defendant’s conduct, as described, violates §§ 1692e and § 1692f.  61.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.     62.  15 U.S.C. § 1692g provides that within five days after the initial communication  with a consumer in connection with the collection of any debt, a debt collector shall, unless the  information is contained in the initial communication or the consumer has paid the debt, send the  consumer a written notice containing certain enumerated information.   63.  As relevant here, 15 U.S.C. § 1692g(a)(1) requires the written notice provide “the  amount of the debt.”   64.  To comply with 15 U.S.C. § 1692g(a)(1), a statement of the amount of the debt  must clearly, accurate and without ambiguity convey, from the perspective of the least  sophisticated consumer, the actual amount of the debt.   65.  To comply with the FDCPA, the statement of an amount due, without notice that  the amount is already increasing due to accruing interest or other charges, can mislead the least  sophisticated consumer into believing that payment of the amount stated will pay the account in  full and therefore the FDCPA requires debt collectors, when they notify consumers of their account  balance, to disclose that the balance may increase due to interest and fees. Avila v. Riexinger &  Associates, LLC, 817 F.3d 72, 76 (2d Cir. 2016)   66.  To comply with 15 U.S.C. § 1692g(a)(1), a statement of the amount of the debt  must contain an explanation, understandable by the least sophisticated consumer, of any fees or  interest that may cause the amount of the debt to increase.  9   67.  The failure to include the foregoing information renders an otherwise accurate  statement of the “amount of the debt” violative of 15 U.S.C. § 1692g(a)(1).   68.  The amount of the alleged Debt was increasing at the time it was assigned or  otherwise transferred to Defendant for collection.   69.  The amount of the alleged Debt was increasing at the time Defendant sent Plaintiff  the Letter.     70.  The amount of the alleged Debt was increasing at the time Plaintiff received the  Letter.     71.  The Letter fails to advise Plaintiff that the amount of the alleged Debt was  increasing or the Avila disclaimer.   72.  As a result of such failure, Defendant did not clearly, accurately, and without  ambiguity convey, from the perspective of the least sophisticated consumer, that the amount of the  alleged Debt may increase.   73.  As a result of such failure, Defendant did not clearly, accurate, and without  ambiguity convey, from the perspective of the least sophisticated consumer, the actual amount of  the alleged Debt as required by 15 U.S.C. § 1692g(a)(1).    74.  15 U.S.C. § 1692e provides, generally, that a debt collector may not use any false,  deceptive, or misleading representation or means in connection with the collection of any debt.    75.  15 U.S.C. § 1692e(2)(A) prohibits the false representation of the character, amount,  or legal status of any debt.   76.  15 U.S.C. § 1692e(10) prohibits the use of any false representation or deceptive  means to collect or attempt to collect any debt.    10   77.  A debt collection practice can be a “false, deceptive, or misleading” practice in  violation of 15 U.S.C. § 1692e even if it does not fall within any of the subsections of 15 U.S.C. §  1692e.   78.  A collection letter violates 15 U.S.C. § 1692e if, in the eyes of the least  sophisticated consumer, it is open to more than one reasonable interpretation, at least one of which  is inaccurate.    79.  A collection letter also violates 15 U.S.C. § 1692e if it is reasonably susceptible to  an inaccurate reading by the least sophisticated consumer.     80.  For this reason, 15 U.S.C. § 1692e requires debt collectors, when they notify  consumers of their account balance, to disclose that the balance may increase or to state that  payment of a sum certain by a specified date will fully satisfy the debt.     81.  The failure to provide the aforementioned disclosures makes the collection letter  deceptive under 15 U.S.C. § 1692e.   82.  The amount of the alleged Debt was increasing at the time it was assigned or  otherwise transferred to Defendant for collection.   83.  The amount of the alleged Debt was increasing at the time Defendant sent Plaintiff  the Letter.     84.  The amount of the alleged Debt was increasing at the time Plaintiff received the  Letter.     85.  The Letter fails to advise Plaintiff that the amount of the alleged Debt was  increasing.   86.  For the foregoing reasons, Defendant also violated 15 U.S.C. §§ 1692g(a)(1),  1692e, 1692e(2)(A) and 1692e(10) and is liable to Plaintiff therefor.  11  87.  Plaintiff brings this action individually and as a class action on behalf of all  consumers similarly situated in the State of New York.    88.  Plaintiff seeks to certify a class of:  All consumers to whom Defendant sent a collection letter substantially  and materially similar to the letter sent to Plaintiff, which letter was  sent on or after a date one year prior to the filing of this action to the  present.   89.  This action seeks a finding that Defendant’s conduct violates the FDCPA, and asks  that the Court award damages as authorized by 15 U.S.C. § 1692k.   90.  The Class consists of more than thirty-five persons.   91.  Plaintiff’s claims are typical of the claims of the Class.  Common questions of law  or fact raised by this action affect all members of the Class and predominate over any individual  issues.  Common relief is therefore sought on behalf of all members of the Class.  A class action is  superior to other available methods for the fair and efficient adjudication of this controversy.   92.  The prosecution of separate actions by individual members of the Class would  create a risk of inconsistent or varying adjudications with respect to the individual members of the  Class, and a risk that any adjudications with respect to individual members of the Class would, as  a practical matter, either be dispositive of the interests of other members of the Class not party to  the adjudication, or substantially impair or impede their ability to protect their interests.  Defendant  has acted in a manner applicable to the Class as a whole such that declaratory relief is warranted.   93.  Plaintiff will fairly and adequately protect and represent the interests of the Class.  The management of the class is not extraordinarily difficult, and the factual and legal issues raised  by this action will not require extended contact with the members of the Class, because Defendant’s  12  conduct was perpetrated on all members of the Class and will be established by common proof.   Moreover, Plaintiff has retained counsel experienced in actions brought under consumer protection  laws.  Violation of 15 U.S.C. §§1692e and 1692f   Violation of 15 U.S.C. §§ 1692g(a)(1), 1692e, 1692e(2)(A) and 1692e(10)  