1. An award of the maximum statutory damages for Michael Beeh  and the Plaintiff Class pursuant to 15 U.S.C. §1692k;   12. On January 12, 2013 at 11:42am, being within one year immediately preceding the filing  of this Complaint, the Plaintiff received the following message on his cellular voicemail  system which could only be left by dialing his cellular telephone number, the voice  message was 7 seconds in duration, and is transcribed as follows:  “1-800-746-2936 thank you and have a nice day”    13. On January 21, 2013 at 11:27am, being within one year immediately preceding the filing  of this Complaint, the Plaintiff received the following message on his cellular voicemail  system which could only be left by dialing his cellular telephone number, the voice  message was 7 seconds in duration and is transcribed as follows:  “1-800-746-2936 thank you and have a nice day”   14. On January 21, 2013 at 2:15pm, being within one year immediately preceding the filing  of this Complaint, the Plaintiff received the following message on his cellular voicemail  system which could only be left by dialing his cellular telephone number, the voice  message was 7 seconds in duration and is transcribed as follows:  “1-800-746-2936 thank you and have a nice day”   16. The personal mortgage loan is a “debt” as defined by 15 U.S.C. §1692a(5).    17. Each of the voice messages transcribed in Paragraphs 12-14 qualifies as a  “communication” as that term is defined by 15 U.S.C. §1692a(2).   18. The mortgage loan went into default on April 1, 2009. (Annexed and attached hereto as  “Exhibit A” is a “Notice of Default and Intention to Foreclose” dated February 18, 2013  and received by the Plaintiff which states that the mortgage loan has been in default since  April 1, 2009)   19. JP Morgan Chase Bank, N.A. transferred servicing rights on the mortgage loan to Ocwen  on April 2, 2012. (Annexed and attached hereto as “Exhibit B” is a letter dated March  12, 2012 from JP Morgan Chase Bank, N.A. stating that JP Morgan Chase Bank, N.A.  was transferring servicing rights on the mortgage loan to Ocwen effective April 2, 2012)    2. Attorney’s fees, litigation expenses and costs of suit pursuant to 15  U.S.C. §1692k; and    20. Ocwen formally took over serving of the loan on April 2, 2012. (Annexed and attached  hereto as ‘Exhibit C’ is a copy of a letter from Ocwen to the Plaintiff dated April 10,  2012 welcoming the Plaintiff as a customer)   22. The telephone number “1-800-746-2936”, which is the number left on the voicemails  transcribed in Paragraphs 12-14 and is also the number that appeared on the Plaintiff’s  caller identification system, is answered by employees of Ocwen. As a precursor to  speaking to a live representative a prerecorded message stating, “Although your call may  be general in nature we are required by law to advise you that Ocwen is a debt collector  and any information obtained will be used for that purpose if needed” is played for  anyone who calls.   3. Such other and further relief as the Court deems proper.  36. Plaintiff brings this action on behalf of a class, pursuant to Federal Rules of Civil  Procedure Rule 23(a) and 23(b)(3).   38. Upon information and belief the identities of all class members are readily ascertainable  from the records of Ocwen.   39. Excluded from the Plaintiff Class are the Defendants and all officers, members, partners,  managers, directors, and employees of Ocwen and their respective immediate families,  and legal counsel for all parties to this action and all members of their immediate  families.   40. There are questions of law and fact common to the Plaintiff Class, which common issues  predominate over any issues involving only individual class members. Those principal  issues are whether the Defendants’ telephonic voice messages, such as the Messages  transcribed in Paragraphs 12-14 of this Complaint, violate 15 U.S.C. §§ 1692d(6) and  1692e(11).   41. The Plaintiff’s claims are typical of the class members, as all are based upon the same  facts and legal theories.   44. 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 a class action  is superior to other available methods for the fair and efficient adjudication of the  controversy.   