10.  Defendant alleges Plaintiff owes a debt (“the Debt”).     11.  The Debt was primarily for personal, family or household purposes and is  therefore a “debt” as defined by 15 U.S.C. § 1692a(5).   12.  Sometime after the incurrence of the Debt, Plaintiff fell behind on payments  owed.    13.  Thereafter, at an exact time known only to Defendant, the Debt was assigned or  otherwise transferred to Defendant for collection.    14.  In its efforts to collect the debt, Defendant contacted Plaintiff by letter (“the  Letter”) dated December 19, 2016. (“Exhibit 1.”)    15.  The Letter was the initial communication Plaintiff received from Defendant.   16.  The Letter is a “communication” as defined by 15 U.S.C. § 1692a(2).    17.  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.   18.  15 U.S.C. § 1692e prohibits a debt collector from using any false, deceptive, or  misleading representations or means in connection with the collection of any debt.   19.  § 1692e(2)(A) prohibits the false representation of the character, amount, or legal  status of any debt.   20.  15 U.S.C. § 1692e(10) specifically prohibits the “use of any false representation  3  33.  Plaintiff brings this action individually and as a class action on behalf of all  persons similarly situated in the State of New York from whom Defendant attempted to collect a  consumer debt using a collection letter claiming such was the “Second Notice” even though it  was the first notice from Defendant, from one year before the date of this Complaint to the  present.    34.  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.   35.  Defendant regularly engages in debt collection.   36.  The Class consists of more than 35 persons from whom Defendant attempted to  4 