59.  Plaintiff re-states, re-alleges, and incorporates herein by reference, paragraphs one (1)  through fifty eight (58) as if set forth fully in this cause of action.   60.  This cause of action is brought on behalf of Plaintiff and the members of two classes.   61.  Class A consists of all persons whom Defendant's records reflect resided in the State of  New York and who were sent a collection letter in substantially the same form letter as  -10-  the letter sent to the Plaintiff on or about December 15, 2015; and (a) the collection  letter was to a consumer seeking payment of a personal debt; and (b) the collection letter  was not returned by the postal service as undelivered; (c) and the Plaintiff asserts that  the letter contained violations of 15 U.S.C. §§ 1692e, 1692e(2)(A) and 1692e(10) of the  FDCPA for the use of any false representation or deceptive means to collect or attempt  to collect any debt and for misrepresenting the amount of the debt owed by the Plaintiff.   62.  Class B consists of all persons whom Defendant's records reflect resided in the State of  New York and who were sent a collection letter in substantially the same form letter as  the letter sent to the Plaintiff on or about December 15, 2015; and (a) the collection  letter was sent to a consumer seeking payment of a personal debt; and (b) the collection  letter was not returned by the postal service as undelivered; (c) and the Plaintiff asserts  that the letter failed to correctly identify the name of the creditor to whom the debt is  owed in violation of 15 U.S.C. § 1692g(a)(2).   63.  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 a form collection letter is 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  principal question presented by this claim is whether the Defendant violated  the FDCPA.  -11-  C. The only individual issue is the identification of the consumers who received  such collection letters (i.e. the class members), a matter capable of ministerial  determination from the records of Defendant.  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.     64.  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.   65.  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.   66.  Collection attempts, such as those made by the Defendant are to be evaluated by the  objective standard of the hypothetical “least sophisticated consumer.”  -12-  Violations of the Fair Debt Collection Practices Act   67.  The Defendant's actions as set forth above in the within complaint violates the Fair Debt  Collection Practices Act.   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.  