11.  Plaintiff brings this claim on behalf of the following case, pursuant to Fed. R. Civ.  P. 23(a) and 23(b)(3).   12.  The Class consists of:   a. all individuals with addresses in the State of New York;  b.  to whom Defendant ICS sent a collection letter attempting to collect a  consumer debt;   c. that stated the both debt collector and original creditor would report the debt to  credit bureaus;   d. which letter was sent on or after a date one (1) year prior to the filing of this  action and on or before a date twenty-one (2l) days after the filing of this action.  4   13.  The identities of all class members are readily ascertainable from the records of  Defendants and those companies and entities on whose behalf they attempt to collect and/or  have purchased debts.   14.  Excluded from the Plaintiff Class are the Defendants and all officer, members,  partners, managers, directors and employees of the Defendants and their respective immediate  families, and legal counsel for all parties to this action, and all members of their immediate  families.    15.  There are questions of law and fact common to the Plaintiff Class, which common  issues predominate over any issues involving only individual class members. The principal  issue is whether the Defendants' written communications to consumers, in the forms attached  as Exhibit A, violate 15 U.S.C. §§ l692e.   16.  The Plaintiff’s claims are typical of the class members, as all are based upon the  same facts and legal theories. The Plaintiff will fairly and adequately protect the interests of  the Plaintiff 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 his attorneys have any interests, which might cause them not to vigorously pursue  this action.   17.  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 Class defined above is so numerous that joinder of all  members would be impractical.  5  b. Common Questions Predominate: Common questions of law and fact exist as  to all members of the Plaintiff Class and those questions predominance over  any questions or issues involving only individual class members. The principal  issue is whether the Defendants’ written communications to consumers, in the  forms attached as Exhibit A violate 15 USC §l692e.  c. Typicality: The Plaintiff’s claims are typical of the claims of the class  members. The Plaintiffs and all members of the Plaintiff Class have claims  arising out of the Defendants' 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 have 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 his  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.   18.  Certification of a class under Rule 23(b)(3) of the Federal Rules of Civil Procedure  6  is also appropriate in that the questions of law and fact common to members of the Plaintiff  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.   19.  Depending on the outcome of further investigation and discovery, Plaintiff may, at  the time of class certification motion, seek to certify a class(es) only as to particular issues  pursuant to Fed. R. Civ. P. 23(c)(4).  20.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered above herein with the same force and effect as if the same were set forth at length  herein.   21.  Some time prior to June 23, 2020, an obligation was allegedly incurred to New  York State Electric & Gas Corporation by the Plaintiff.   22.  The New York State Electric & Gas Corporation obligation arose out of  transactions in which money, property, insurance or services which are the subject of the  transactions were primarily for personal, family or household purposes, specifically electric  and gas services for the Plaintiff’s primary residence.   23.  The New York State Electric & Gas Corporation obligation is a “debt” as defined  by 15 U.S.C. §1692a(5).   24.  New York State Electric & Gas Corporation is a “creditor” as defined by 15 U.S.C.  §1692a (4).   25.  Defendant ICS a debt collector, was contracted by New York State Electric & Gas  Corporation to collect the alleged debt.  7   26.  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.  Violation I – June 23, 2020 Collection Letter   27.  On or about June 23, 2020 Defendant sent the Plaintiff a collection letter (the  “Letter”) regarding the alleged debt owed to New York State Electric & Gas Corporation.  See  Letter attached as Exhibit A.   28.  The collection letter states: “The account information is scheduled to be reported to  the national credit reporting agencies in your creditor’s name.  You have the right to inspect  your credit file in accordance with federal law.  I.C. System will not submit the account  information to the national credit reporting agencies until the expiration of the time period  described in the notice below.”    29.  The first sentence of the paragraph states that the account information is scheduled  to be reported in “your creditor’s name,” which according to the Letter is New York State  Electric & Gas Corporation.   30.  This sentence directly tells the consumer that a New York State Electric & Gas  Corporation account will appear on his credit report.   31.  However, the paragraph further states that Defendant ICS will not submit  information to the credit reporting agencies until the expiration of the time period described.   32.  This statement implies that Defendant ICS will be reporting to the credit reporting  agencies after the expiration of the time period in addition to the original creditor submitting as  well.  8   33.  Defendant ICS does not control the credit reporting for New York State Electric &  Gas Corporation, making it impossible that ICS could submit a credit reporting on their behalf.   34.  It is deceptive and harassing to state that two companies will report the same debt  to the credit reporting agencies at the same time.   35.  Furthermore, it is illegal for two companies to report the same debt to the credit  reporting agencies at the same time, since it unfairly penalizes and lowers the consumers credit  score, as well as painting an improper picture of a consumer’s credit ability to current and  future creditors.   36.  Plaintiff incurred an informational injury as Defendant deceptively implied that the  same debt would be reported twice to the national credit reporting agencies.   37.  Plaintiff incurred an informational injury as Defendant falsely asserted that the  same debt would be reported twice to the national credit reporting agencies.   38.  As a result of Defendant's deceptive, misleading and unfair debt collection  practices, Plaintiff has been damaged.  39.  Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  above herein with the same force and effect as if the same were set forth at length herein.   40.  Defendant’s debt collection efforts attempted and/or directed towards the Plaintiff  violated various provisions of the FDCPA, including but not limited to 15 U.S.C. § 1692e.   41.  Pursuant to 15 U.S.C. §1692e, a debt collector may not use any false, deceptive, or  misleading representation or means in connection with the collection of any debt.   42.  Defendant violated said section by:   9  a. As the Letter it is open to more than one reasonable interpretation, at least one  of which is inaccurate.  b. Making a false and misleading representation in violation of but not limited to  §1692e (10).   43.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant's  conduct violated Section 1692e, et seq. of the FDCPA and is entitled to actual damages,  statutory damages, costs and attorneys’ fees.  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. §1692e et seq.  