40.  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.   41.  The identities of all class members are readily ascertainable from the records of Professional  Recovery Services, Inc. and those business and governmental entities on whose behalf it  -14-  attempts to collect debts.   42.  Excluded from the Plaintiff's Class are the Defendants and all officers, members, partners,  managers, directors, and employees of Professional Recovery Services, Inc., and all of their  respective immediate families, and legal counsel for all parties to this action and all  members of their immediate families.   43.  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 said claims,  violate provisions of the Fair Debt Collection Practices Act.   44.  The Plaintiff's claims are typical of the class members, as all are based upon the same facts  and legal theories.   45.  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 her attorneys  have any interests, which might cause them not to vigorously pursue this action.   46.  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'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  -15-  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 her 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.  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  -16-  varying adjudications which could establish incompatible standards of conduct  for Defendants who, on information and belief, collect debts throughout the  United States of America.   47.  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.   48.  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.   49.  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).  50.  Plaintiff re-states, re-alleges, and incorporates herein by reference, paragraphs one (1)  through forty nine (49) as if set forth fully in this cause of action.   51.  This cause of action is brought on behalf of Plaintiff and the members of two classes.   52.  Class A consists of all persons (a) whom Defendant’s records reflect resided within the State  of New York (b) who received telephonic messages from Defendant within one year prior to  the date of the within complaint up to and including the date of the filing of this Complaint  (c) involving telephone messages which were placed without setting forth that the  -17-  communication was from a debt collector and (d) that the telephone messages were in  violation of 15 U.S.C. §§ 1692e(10) and 1692e(11).   53.  Class B consists of all persons (a) whom Defendant’s records reflect resided in the state of  New York (b) and whose neighbor, or similar party or even someone other than a spouse  within the debtor’s home answered a telephone call from Defendant within one year prior to  the date of the within complaint up to the date of the filing of the complaint; (c) the  telephone calls were placed to the consumer's home or similar party seeking payment of a  consumer debt by leaving a message with a third party directing the consumer to call the  Defendant and (d) the Plaintiff asserts that the telephone messages were in violation of 15  U.S.C. §§ 1692c(b) and 1692d.   54.  Pursuant to Federal Rule of Civil Procedure 23, a class action is appropriate and preferable  in this case because:  (a)       Based on the fact that form telephonic messages are at the heart of this              litigation, the class is so numerous that joinder of all members is impracticable.  (b)  There are questions of law and fact common to the class and these questions                 predominate over any question(s) affecting only individual class members.  The    principal question presented by this claim is whether the Defendant violated the  Violations of the Fair Debt Collection Practices Act brought by Plaintiff on behalf of herself and the  members of a class, as against the Defendant.  