34)  This action is brought as a class action. Plaintiff brings this action  individually, and on behalf of all other persons similarly situated pursuant to Rule 23 of  the Federal Rules of Civil Procedure.  -9-  35)  The identities of all class members are readily ascertainable from the  records of Peter T. Roach & Associates, P.C. and those business and governmental  entities on whose behalf it attempts to collect debts.  36)  Excluded from the Plaintiff’s Class are the Defendants and all officers,  members, partners, managers, directors, and employees of Peter T. Roach &  Associates, P.C., and all of their respective immediate families, and legal counsel for  all parties to this action and all members of their immediate families.  37)  There are questions of law and fact common to the Plaintiff’s Class,  which common issues predominate over any issues involving only individual class  members. The principal issues are whether the Defendant’s communications with the  Plaintiff, such as the above stated claims, violate provisions of the Fair Debt Collection  Practices Act.  38)  The Plaintiff’s claims are typical of the class members, as all are based  upon the same facts and legal theories.  39)  The Plaintiff will fairly and adequately protect the interests of the Plaintiff’s  Class defined in this complaint. The Plaintiff has retained counsel with experience in  handling consumer lawsuits, complex legal issues, and class actions, and neither the  Plaintiff nor his attorneys have any interests, which might cause him not to vigorously  pursue this action.  40)  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:  -10-  (a)   Numerosity: The Plaintiff is informed and believes, and on that                     basis alleges, that the Plaintiff’s 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’s Class and those                      questions predominate over any questions or issues involving only                    individual class members. The principal issues are whether the                    Defendant’s communications with the Plaintiff, such as the above                    stated claims, violate provisions of the Fair Debt Collection Practices                    Act.  (c)  Typicality: The Plaintiff’s claims are typical of the claims of the                    class members.  Plaintiff and all members of the Plaintiff’s Class               defined in this complaint have claims arising out of the Defendant’s                   common uniform course of conduct complained of herein.  (d)  Adequacy:  The Plaintiff will fairly and adequately protect the                    interests of the class members insofar as Plaintiff has no interests                   that are adverse to the absent class members. 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                 counsel have any interests, which might cause them not to                 vigorously pursue the instant class action lawsuit.  -11-  (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 Certification of a class under Rule                               23(b)(l)(A) of the Federal Rules of Civil Procedure is appropriate                               because adjudications with respect to individual members create a                                 risk of inconsistent or varying adjudications which could establish                              incompatible standards of conduct for Defendants who, on information                              and belief, collect debts throughout the United States of America.  41)  Certification of a class under Rule 23(b)(2) of the Federal Rules of Civil  Procedure is also appropriate in that a determination that Defendant’s communications  with the Plaintiff, such as the above stated claims is tantamount to declaratory relief  and any monetary relief under the FDCPA would be merely incidental to that  determination.  42)  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’s Class predominate over any questions affecting an individual  member, and a  class action is superior to other available methods for the fair and  efficient adjudication of the controversy.  -12-  43)  Depending on the outcome of further investigation and discovery, Plaintiff  may, at the time of class certification motion, seek to certify one or more classes only  as to particular issues pursuant to Fed. R.Civ. P. 23(c)(4).  AS THE PLACE OF TRlAL  Consumer Credit Transaction took place in  COUNTY OF KINGS  FOURTH: Plaintiff duly performed all conditions on its part under the agreement.  FJFTH: Upon information and belief, Defendant(s) defaulted in payment and pursuant to the tenns of the  agreement now owes a balance of$27,703.78, together with attorney's fees of$5,540.76, no part of which has been  paid despite due demand thereof.  SECOND: Upon infom1ation and belief, the defendant(s) is an individual who resides or has an office in the  county in which this action is brought.  AS AND FOR A FIRST CAUSE OF ACTION  SIXTH: Plaintiff repeals and real1eges each and every allegation contained in paragraphs FIRST through  FIFTH with the same force and effect as if fully set forth herein.  SEVENTH: That heretofore, Plaintiff rendered to Defendanl(s) monthly, full and true accounts of the  indebtedness owing by Defendant as a result of the above agreement, in an amount as hereinabove set forth which  account statements were delivered to and accepted without objection by the defendant(s) resulting in an account  stated in the sum of$27,703.78, no part of which has been paid despite due den1and thereof.  WHEREFORE, PJruntitr"demandsjudgment against Defendant(s) in the sum of$27,703.78, plus attorney's  fees of $5,540. 76, together with costs and disbursements. 