1. The amount of the debt;   13.  Plaintiffs bring this claim on behalf of the following case, pursuant to Fed. R. Civ.  P. 23(a) and 23(b)(3).  4   14.  The Class consists of:   a. all individuals with addresses in the State of New York;  b. to whom Defendant Law Offices sent an initial collection letter attempting to  collect a consumer debt;  c. on behalf of Defendant Accelerated;   d. that falsely stated that interest may be accruing on the debt when it was not  currently accruing;  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.   15.  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 debts and/or  has purchased debts.   16.  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.    17.  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 forms attached as  Exhibits A, violate 15 U.S.C. §§ 1692e, 1692g.   18.  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 Class defined in this complaint. The Plaintiff has retained counsel with experience in  5  handling consumer lawsuits, complex legal issues, and class actions, and neither the Plaintiff  nor his attorneys have any interests, which might cause them not to vigorously pursue this action.   19.  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 predominance over any  questions or issues involving only individual class members. The principal issue  is whether the Defendant’s written communications to consumers, in the forms  attached as Exhibit A violate 15 U.S.C. § 1692e, 1692g.  c. Typicality: The Plaintiff’s claims are typical of the claims of the members of the  Plaintiff Class. The Plaintiff and all members of the Plaintiff Class have claims  arising out of the Defendants' common uniform course of conduct complained of  herein.  d. Adequacy: The Plaintiff will fairly and adequately protect the interests of the  Plaintiff Class insofar as Plaintiff has no interests that are adverse to the absent  members of the Plaintiff Class. 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 his  6  counsel have 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.   2. The name of the creditor to whom the debt is owed;   20.  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 in that a class action  is superior to other available methods for the fair and efficient adjudication of the controversy.   21.  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).  22.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered above herein with the same force and effect as if the same were set forth at length  herein.   23.  Some time prior to November 19, 2020, an obligation was allegedly incurred to  WebBank.   24.  The WebBank obligation arose out of transactions which were primarily for personal,  family or household purposes.  7   25.  The alleged WebBank obligation is a "debt" as defined by 15 U.S.C.§ 1692a(5).   26.  WebBank is a "creditor" as defined by 15 U.S.C. § 1692a(4).   27.  WebBank purportedly sold the alleged debt to Defendant Accelerated, a debt  collector, who contracted with the Defendant Law Offices to collect the alleged debt.   28.  Defendant collects and attempts to collect debts incurred or alleged to have been  incurred for personal, family or household purposes on behalf of creditors using the United  States Postal Services, telephone and internet.  Violation  – November 19, 2020 Collection Letter   29.  On or about November 19, 2020, Defendant Law Offices sent the Plaintiff a  collection letter (the “Letter”) regarding the alleged debt owed to WebBank. A true and correct  copy of the Letter is attached hereto as Exhibit A.   3. 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;   30.  When a debt collector solicits payment from a consumer, it must, within five days  of an initial communication send the consumer a written notice containing:  (1) the amount of the debt;  (2) the name of the creditor to whom the debt is owed;  (3) 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;  (4) 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  8  (5) 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 of the original creditor,  if different from the current creditor. 15 U.S.C. § 1692g(a).   31.  The required disclosures set forth in 15 U.S.C. §1692g(a) are more commonly  known as the “G Notice”.   32.  The FDCPA further provides 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 shall cease collection . . . until the debt collector obtains verification of the  debt . . . and a copy of such verification is mailed to the consumer by the debt collector.'' 15  U.S.C. § 1692g(b).   33.  Although a collection letter may track the statutory language, ''the collector  nevertheless violates the Act if it conveys that information in a confusing or contradictory  fashion so as to cloud the required message with uncertainty.'' Russell v. EQUIFAX A.R.S., 74  F.3d 30, 35 (2d Cir. 1996) (''It is not enough for a debt collection agency to simply include the  proper debt validation notice in a mailing to a consumer-- Congress intended that such notice  be clearly conveyed.''). Put differently, a notice containing ''language that 'overshadows or  contradicts' other language informing a consumer of her rights . . . violates the Act.'' Russell,  74 F.3d at 34.   34.  The Letter provides a breakdown of the balance as follows:  Charged Off Principal:  $34007.26  Charged Off Interest:   $1337.61  Charged Off Fees:  $41.95  Post Charge Off Interest:  $0.00  Balance Due:   $35386.82  9   35.  The letter further states: “As of the date of this letter, you owe the amount set forth  above.  The amount set forth above may be increased from day to day due to statutory interest  and fees.  If we do not accept the amount you send as payment in full satisfaction of debt, we  will contact you before depositing your payment.  For further information, please contact the  undersigned or call 1-212-564-1900.”   36.  The letter states that “Post Charge Off Interest” is $0.00.   37.  The letter states that the amount set forth my increase from day to day due to  statutory interest and fees.   38.  Defendant is aware that during the collection of this debt, the balance will not vary  at all and stating that it may increase is merely a deceptive collection tactic intended to  intimidate and coerce the consumer into paying immediately.   39.  The threat of a balance increase overshadows the ''g-notice'' language and coerces  the consumer not to exert his rights under the Fair Debt Collection Practices Act.   4. A statement that the consumer notifies the debt collector in writing within  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 a judgment  against the consumer and a copy of such verification or judgment will be  mailed to the consumer by the debt collector; and   40.  In addition, the statement that statutory interest may be increasing daily is directly  contradicted by the breakdown listed earlier in the letter that explicitly says that “Post Charge  Off Interest” is $0.00.   41.  Moreover, the statement is deceptive because statutory interest only accrues on a  balance due to a judgment interest as opposed to Plaintiff’s debt which is not due to a judgment.   42.  Stating that the account balance may increase due to statutory interest and fees when  they are not increasing is materially misleading to Plaintiff and is a false statement that  Defendant knowingly made.  10   43.  Defendant’s false statement overshadowed Plaintiff’s §1692g right to dispute or  validate the debt as he believed he must pay immediately to avoid accruing interest and fees  (“adjustments”).   44.  As a result of Defendant's deceptive, misleading and unfair debt collection practices,  Plaintiff has been damaged.  45.  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.   46.  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.   47.  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.   48.  Defendant violated § 1692e:   a. As the Letter it is open to more than one reasonable interpretation, at least one of  which is inaccurate.  b. By making a false and misleading representation in violation of §1692e(10).   49.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant's  conduct violated Section 1692e et seq. of the FDCPA, and Plaintiff is entitled to an award of  actual damages, statutory damages, costs and attorneys’ fees.  5. 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 of the original creditor, if different from the current creditor.  12   50.  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.   51.  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.   52.   Pursuant to 15 USC §1692g, a debt collector:  Within five days after the initial communication with a consumer in connection with  the collection of any debt, a debt collector shall, unless the following information is  contained in the initial communication or the consumer has paid the debt, send the consumer  a written notice containing –   53.  The Defendant violated 15 U.S.C. §1692g, threating of a balance increase, which  overshadows the ''g-notice'' language and coerces the consumer not to exert its rights under the  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. §1692e  et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C.  §1692g et seq.  11  