10.  Plaintiffs bring this claim on behalf of the following case, pursuant to Fed. R. Civ.  P. 23(a) and 23(b)(3).   11.  The Class consists of:   a. all individuals with addresses in the State of New York;  b. to whom Defendant sent a response to a consumer’s dispute;  c.  that deceptively and misleadingly fails to clearly state the balance due;  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.   12.  The identities of all class members are readily ascertainable from the records of  Defendant and those companies and entities on whose behalf they attempt to collect and/or have  purchased debts.   13.  Excluded from the Plaintiff Class are the Defendant and all officers, members,  partners, managers, directors and employees of the Defendant and their respective immediate  families, and legal counsel for all parties to this action, and all members of their immediate  families.    14.  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  4  is whether the Defendant’s written communications to consumers, in the forms attached as  Exhibit A, violate 15 U.S.C. § 1692e et seq.   15.  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.   16.  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.  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 Defendant’s written communications to consumers, in the forms  attached as Exhibit A violate 15 U.S.C. § 1692e.  c. Typicality: The Plaintiff’s claims are typical of the claims of the class members.  The Plaintiff and all members of the Plaintiff Class have claims arising out of the  Defendant’s 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 has no interests that are adverse to the absent  5  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.   17.  Certification of a class under Rule 23(b)(3) of the Federal Rules of Civil Procedure  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.   18.  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).  19.  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.  6   20.  Some time prior to February 5, 2021, an obligation was allegedly incurred to creditor  Citibank, N.A.   21.  The Citibank, N.A. obligation arose out of transactions involving personal, family or  household purposes obtained by Plaintiff from Citibank, N.A. and was incurred primarily for  personal, family or household purposes.   22.  Specifically, Plaintiff allegedly bought goods for personal and/or family use using  his Citi Diamond Preferred credit card.    23.  The alleged Citibank, N.A. obligation is a "debt" as defined by 15 U.S.C.§ 1692a (5).   24.  Citibank, N.A. is a "creditor" as defined by 15 U.S.C.§ 1692a (4).   25.  Upon information and belief, Defendant subsequently purchased the Citibank, N.A.  debt for the purpose of debt collection. Therefore, Defendant is a “debt collector” as defined by  15 U.S.C.§ 1692a (6).  Violation – February 5, 2021 Collection Letter   26.  On or about February 5, 2021, Defendant sent the Plaintiff a response to a dispute  made by the Plaintiff regarding the alleged debt, originally owed to Citibank, N.A. (See a true  and correct copy of the 2-page response letter attached at Exhibit A and defined as “Letter”)   27.  Towards the top portion of the Letter on page one, it states in relevant part:  Verification Information Concerning Portfolio Recovery Associates, LLC (“PRA, LLC”)  37.  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.   38.  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.   39.  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.   40.  Defendant violated §1692e :   a. As the Letter is open to more than one reasonable interpretation, at least one of  which is inaccurate in violation of §1692e (2);  b. By making a false and misleading representation in violation of §1692e(10).   41.  By reason thereof, Defendant is liable to Plaintiff for judgment in that Defendant's  conduct violated Section 1692e et seq. of the FDCPA, actual damages, statutory damages, costs  and attorneys’ fees.  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. §1692e  et seq.  