13.  Plaintiff brings this action as a state wide class action, pursuant to Rule 23 of the  Federal Rules of Civil Procedure (hereinafter “FRCP”), on behalf of herself and all New York  consumers and their successors in interest (the “Class”), who were sent debt collection letters  and/or notices from the Defendants which are in violation of the FDCPA, as described in this  Complaint.   14.  This Action is properly maintained as a class action. The Class is initially defined  as:  • All New Jersey consumers who were sent letters and/or notices  from SHARKEY between November 13, 2019 and May 14,  2021, concerning a debt owed to another, which included the  alleged conduct and practices described herein.  The class definition may be subsequently modified or refined.    The Class period begins one year to the filing of this Action.    18.  Plaintiff is at all times to this lawsuit, a "consumer" as that term is defined by 15  U.S.C. § 1692a(3).   19.  On or before November 14, 2020, Steven Hirschman incurred a financial  obligation to West Caldwell Care Center (“WCCC”).   21.  The WCCC obligation/debt was for Steven Hirschman’s personal use.   22.  The WCCC obligation/debt did not arise from a business transaction.    23.  The WCCC obligation is a "debt" as defined by 15 U.S.C. § 1692a(5).   24.  WCCC is a "creditor" as defined by 15 U.S.C. § 1692a(4).   25.  On or before November 14, 2020, WCCC placed the WCCC debt with  SHARKEY for the purposes of collection.   26.  At the time WCCC place the debt with SHARKEY said debt was past due.   27.  At the time WCCC place the debt with SHARKEY said debt was in default.   28.  On November 13, 2020, SHARKEY caused to be mailed a letter to Steven  Hirschman.  A copy of said Letter is annexed hereto as Exhibit A.   29.  The November 13, 2020 letter is a “communication” as defined by 15 U.S.C. §  1692a(2).   30.  Upon receipt, Steven Hirschman read said letter.   31.  The November 13, 2020 letter did not inform Steven Hirschman that the letter  was an attempt to collect a debt and that any information obtained could be used for that purpose.   32.  Steven Hirschman passed away in March 2021.   33.  The Essex Surrogates Court of the State – issued Letters of Testamentary to  Plaintiff on May 6, 2021.   34.  On May 14, 2021 SHARKEY send a letter addressed Plaintiff. A copy of said  letter is annexed hereto as Exhibit B.   36.  The May 14, 2021 letter is a “communication” as defined by 15 U.S.C. §  1692a(2).   37.  Upon receipt, Plaintiff read the May 14, 2021 letter.   38.  The May 14, 2021 letter stated in part:  Please also note that if you provide this office with a check  in the amount of $105,481.45 prior to the June 22, 2021 date  for your deposition, you will be able to avoid your  deposition and production of documents altogether.  [emphasis added].   39.  The May 14, 2021 letter was not addressed to Plaintiff as Executor of the Estate  of Steven Hirschman.   40.   The May 14, 2021 letter did not inform Plaintiff that he was not personally liable  for the WCCC debt.   41.  The May 14, 2021 letter did not contain the required validation notices pursuant  to 15 U.S.C. §1692g(a)(3),(4),(5).   42.  The May 14, 2021 letter did not inform Plaintiff that the letter was an attempt to  collect a debt and that any information obtained could be used for that purpose.   43.  SHARKEY knew or should have known that its actions violated the FDCPA.   44.   Defendants could have taken the steps necessary to bring their actions within  compliance with the FDCPA, but neglected to do so and failed to adequately review their actions  to ensure compliance with the law.  47.  Plaintiff, on behalf of himself and others similarly situated, repeats and realleges  all prior allegations as if set forth at length herein.   48.  Collection letters and/or notices, such as those sent by Defendants, are to be  evaluated by the objective standard of the hypothetical “least sophisticated consumer.”   49.  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.   50.  Defendants violated 15 U.S.C. § 1692e of the FDCPA by using  false, deceptive  and misleading representations and means in connection with its attempts to collect debts from  Plaintiff and others similarly situated.   51.  Defendants violated 15 U.S.C. § 1692e of the FDCPA in connection with its  communications to Plaintiff and others similarly situated.   53.  The May 14, 2021 letter sent by Defendants made a false representation as to the  character of the debt.   54.  Defendants violated Section 1692e(2)(A) of the FDCPA by stating in the May 14,  2021 letter that “if you provide this office with a check in the amount of $105,481.45 prior to the  June 22, 2016 date for your deposition, you will be able to avoid your deposition and production  of documents altogether”.   55.  The least sophisticated consumer upon reading the May 14, 2021 letter would  believe that he was personally liable to pay $105,481.45 to WCCC.   56.  SHARKEY violated 15 U.S.C. §1692e(2)(A) by falsely representing the character  and legal status of the debt in the May 14, 2021 letter.   57.  Plaintiff and others similarly situated, suffered an informational injury as a result  of Defendants’ violation of 15 U.S.C §1692e(2)(A).   58.  Plaintiff and others similarly situated, suffered a risk of economic injury as a  result of Defendants’ violation of 15 U.S.C §1692e(2)(A).   59.  Section 1692e(10) prohibits the use of any false representation or deceptive  means to collect or attempt to collect any debt.   60.  SHARKEY violated 15 U.S.C. §1692e(10) by using a false representation and  deceptive means in the May 14, 2021 letter.   61.  The May 14, 20201 letter failed to inform Plaintiff that he was not personally  liable to pay the WCCC debt.   63.  Plaintiff and others similarly situated, suffered an informational injury as a result  of Defendants’ violation of 15 U.S.C §1692e(10).   64.  Plaintiff and others similarly situated, suffered a risk of economic injury as a  result of Defendants’ violation of 15 U.S.C. §1692e(10).   65.  U.S.C. §1692e(11) requires the debt collector to include a statement in all  communications that the debt collector is attempting to collect a debt and that any information  obtained could be used for that purpose.   66.  SHARKEY violated 15 U.S.C. §1692e(11) be failing to information Steven  Hirschman in the November 13, 2020 letter that it was is attempting to collect a debt and that any  information obtained could be used for that purpose.   67.  SHARKEY further violated 15 U.S.C. §1692e(11) be failing to information  Plaintiff in the May 14, 2021 letter that it was is attempting to collect a debt and that any  information obtained could be used for that purpose.   68.  Plaintiff and others similarly situated, suffered an informational injury as a result  of Defendants’ violation of 15 U.S.C §1692e(11).   69.  Plaintiff and others similarly situated, suffered a risk of economic injury as a  result of Defendants’ violation of 15 U.S.C. §1692e(11).   71.  SHARKEY violated 15 U.S.C. §1692g(a)(3),(4),(5) by send the May 14, 2021  letter which failed to contain the required validation notices.   72.  Plaintiff and others similarly situated, suffered a risk of economic injury as a  result of Defendants’ violation of 15 U.S.C. §1692g(a)(3),(4),(5).   73.  Plaintiff and others similarly situated, suffered a risk of economic injury as a  result of Defendants’ violation of 15 U.S.C. §1692g(a)(3),(4),(5).   74.  Congress enacted the FDCPA in part to eliminate abusive debt collection  practices by debt collectors.   75.  Plaintiff and others similarly situated have a right to free from abusive debt  collection practices by debt collectors.   76.  Plaintiff and others similarly situated have a right to receive proper notices  mandated by the FDCPA.   77.  Plaintiff and others similarly situated were sent letters, which have the propensity  to affect their decision-making with regard to the debt.   78.  Plaintiff and others similarly situated have suffered harm as a direct result of the  abusive, deceptive and unfair collection practices described herein.   FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §   1692 et seq.  VIOLATIONS   