10. Plaintiff brings claims, pursuant to the Federal Rules of Civil Procedure (hereinafter  “FRCP”) Rule 23, individually and on behalf of the following consumer class (the “Class”):  • All New York consumers who received a collection letter from the Defendant  dated August 15, 2017 which attempts to collect an obligation owed to or  allegedly owed to Resurgent Capital Services, LP (“Creditor”), that contain  the alleged violation arising from Defendant's violation of 15    U.S.C.  §1692e, et seq.  • The Class period begins one year to the filing of this Action.   11. The Class satisfies all the requirements of Rule 23 of the FRCP for maintaining a class action:  • Upon information and belief, the Class is so numerous that joinder of all  members is impracticable because there are hundreds and/or thousands of  persons who have received debt collection letters and/or notices from  3  Defendant that violate specific provisions of the FDCPA. Plaintiff is  complaining of a standard form letter and/or notice that is sent to hundreds of  persons  (See  Exhibit  A,  except  that  the  undersigned  attorney  has,        in  accordance with Fed. R. Civ. P. 5.2 partially redacted the financial account  numbers in an effort to protect Plaintiff’s privacy);  • There are questions of law and fact which are common to the Class and  which predominate over questions affecting any individual Class member.  These common questions of law and fact include, without limitation:  a.  Whether Defendant violated various provisions of the FDCPA;  b.  Whether Plaintiff and the Class have been injured by Defendant’s  conduct;  c.  Whether Plaintiff and the Class have sustained damages and are  entitled to restitution as a result of Defendant’s wrongdoing and  if so, what is the proper measure and appropriate statutory  formula to be applied in determining such damages and  restitution; and  d.  Whether Plaintiff and the Class are entitled to declaratory  and/or injunctive relief.  • Plaintiff’s claims are typical of the Class, which all arise from the same  operative facts and are based on the same legal theories.  • Plaintiff has no interest adverse or antagonistic to the interest of the other  members of the Class.  • Plaintiff will fairly and adequately protect the interest of the Class and has  retained experienced and competent attorneys to represent the Class.  • A Class Action is superior to other methods for the fair and efficient  4  adjudication of the claims herein asserted. Plaintiff anticipates that no  unusual difficulties are likely to be encountered in the management of this  class action.  • A Class Action will permit large numbers of similarly situated persons to  prosecute their common claims in a single forum simultaneously and without the  duplication of effort and expense that numerous individual actions would  engender. Class treatment will also permit the adjudication of relatively small  claims by many Class members who could not otherwise afford to seek legal  redress for the wrongs complained of herein. Absent a Class Action, class  members will continue to suffer losses of statutory protected rights as well as  monetary damages. If Defendant’s conduct is allowed to proceed without remedy  they will continue to reap and retain the proceeds of their ill-gotten gains.  • Defendant has acted on grounds generally applicable to the entire Class,  thereby making appropriate final injunctive relief or corresponding  declaratory  relief with respect to the Class as a whole.  12. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “11” herein with the same force and effect as if the same were set  forth at length herein.   13. 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.   14. Upon information and belief, within the last year Defendant commenced efforts to collect  an alleged consumer “debt” as defined by 15 U.S.C. 1692a(5), when it mailed a Collection  Letter to Plaintiff seeking to collect an unpaid debt allegedly owing to Creditor.  5   15. On or around August 15, 2017 Defendant sent Plaintiff a collection letter (hereinafter referred  to as the “Collection Letter”, “Letter”, “Correspondence”, or “Communication”).  See Exhibit  A.   16. The letter was sent or caused to be sent by persons employed by Defendant as a “debt  collector” as defined by 15 U.S.C. §1692a(6).   17. The letter is a “communication” as defined by 15 U.S.C. §1692a(2).   18. Said letter states in pertinent part:  BELOW.”  “AMOUNT DUE: $969.44”  “AGREEMENT OFFER: $600.00” 