40.  Plaintiff re-states, re-alleges and incorporates herein by reference, paragraphs one (1)  through thirty nine (39) as if set forth fully in this cause of action.   41.  This cause of action is brought on behalf of Plaintiff and the members of a class.   42.  The class consists of all persons whom Defendants’ records reflect resided in the State  of New York who communicated with Defendants’ representatives within one year prior  to the date of the within complaint up to the date of the filing of the complaint; (a) the  Defendants denied the Plaintiff the right to dispute the debt verbally; and (b) when  reporting the debt with the credit bureaus, the Defendant failed to report the disputed  debt as disputed; and (c) the Defendant made false statements in violation of 15 U.S.C.  §§ 1692e(8) and 1692e(10).   43.  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 communications 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 questions affecting only individual class members. The  -7-  principal question presented by this claim is whether the Defendants violated  the FDCPA.  C. The only individual issue is the identification of the consumers who had such  communications with the Defendant (i.e. the class members), a matter  capable of ministerial determination from the records of Defendants.  D. The claims of the Plaintiff are typical of those of the class members. All are  based on the same facts and legal theories.  E. The Plaintiff will fairly and adequately represent the class members’  interests. The Plaintiff has retained counsel experienced in bringing class  actions and collection-abuse claims. The Plaintiff's interests are consistent  with those of the members of the class.     44.  A class action is superior for the fair and efficient adjudication of the class members’  claims. Congress specifically envisions class actions as a principal means of enforcing  the FDCPA. 15 U.S.C. § 1692(k). The members of the class are generally  unsophisticated individuals, whose rights will not be vindicated in the absence of a class  action. Prosecution of separate actions by individual members of the classes would  create the risk of inconsistent or varying adjudications resulting in the establishment of  inconsistent or varying standards for the parties and would not be in the interest of  judicial economy.   45.  If the facts are discovered to be appropriate, the Plaintiff will seek to certify a class  pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure.   46.  Collection attempts, such as those made by the Defendants are to be evaluated by the  objective standard of the hypothetical “least sophisticated consumer.”  -8-  Violations of the Fair Debt Collection Practices Act   47.  The Defendants' actions as set forth above in the within complaint violates the Fair Debt  Collection Practices Act.   48.  Because the Defendants violated the Fair Debt Collection Practices Act, the Plaintiff and  the members of the class are entitled to damages in accordance with the Fair Debt  Collection Practices Act.  WHEREFORE, Plaintiff, respectfully requests preliminary and permanent injunctive relief, and that  this Court enter judgment in his favor and against the Defendants and award damages as follows:  A. Statutory and actual damages provided under the FDCPA, 15 U.S.C. §  1692(k);  B. Attorney fees, litigation expenses and costs incurred in bringing this action;  and  C. Any other relief that this Court deems appropriate and just under the  circumstances.  49.  Plaintiff re-states, re-alleges, and incorporates herein, paragraphs 1 - 10, 19, 22, 25, 28,  29, 32, 37 and 38 in this action, that reference the Plaintiff being unable to dispute the  alleged debt orally, and that when reporting the debt with the credit bureaus, the  Defendants failed to report the disputed debt as disputed.   50.  The Defendants both threatened the failure to communicate that a disputed debt is  disputed, in violation of 15 U.S.C. § 1692e(8).  -9-  Violations of the Fair Debt Collection Practices Act   51.  The Defendants’ actions as set forth above in the within complaint violate the Fair Debt  Collection Practices Act.   Violations of the Fair Debt Collection Practices Act brought by Plaintiff on an individual basis   Violations of the Fair Debt Collection Practices Act brought by Plaintiff on behalf of himself and the  members of a class, as against the Defendants.  