10.  Defendant alleges Plaintiff owes a debt (“the Debt”).     11.  The Debt was primarily for personal, family or household purposes and is  therefore a “debt” as defined by 15 U.S.C. § 1692a(5).   12.  Sometime after the incurrence of the Debt, Plaintiff fell behind on payments  owed.    13.  Thereafter, at an exact time known only to Defendant, the Debt was assigned or  otherwise transferred to Defendant for collection.    131.  Plaintiff brings this action individually and as a class action on behalf of all  persons similarly situated in the State of New York from whom Defendant attempted to collect a  consumer debt using a collection letter materially identical to the Letter herein, from one year  before the date of this Complaint to the present.   132. This action seeks a finding that Defendant’s conduct violates the FDCPA, and  asks that the Court award damages as authorized by 15 U.S.C. § 1692k.  133. Defendant regularly engages in debt collection.  134. The Class consists of more than 35 persons from whom Defendant attempted to  collect delinquent consumer debts using a collection letter materially identical to the Letter  11  14.  In its efforts to collect the debt, Defendant contacted Plaintiff by letter (“the  Letter”) dated January 29, 2018. (“Exhibit 1.”)    15.  The Letter was the initial communication Plaintiff received from Defendant.   16.  The Letter is a “communication” as defined by 15 U.S.C. § 1692a(2).   17.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.     18.  The Debt was incurred on an American Express credit card.    19.  The Letter sets forth an “Account Balance.”   20.  Pursuant to the terms and conditions of the credit card, American Express charged  Plaintiff interest on any balance carried on the account.   21.  Pursuant to the terms and conditions of the credit card, American Express charged  3  44.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.     45.  Alternatively, even if Plaintiff’s account was not subject to continued interest  pursuant to the terms and conditions of the credit card – which it was – the account was subject  to interest by operation of law.    5  54.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.     55.  15 U.S.C. § 1692g provides that within five days after the initial communication  with a consumer in connection with the collection of any debt, a debt collector shall, unless the  information is contained in the initial communication or the consumer has paid the debt, send the  consumer a written notice containing certain enumerated information.   56.  15 U.S.C. § 1692g(a)(1) requires the written notice provide “the amount of the  debt.”   57.  The written notice, to comply with 15 U.S.C. § 1692g(a)(1), must convey the  amount of the debt clearly from the perspective of the least sophisticated consumer.   58.  The written notice, to comply with 15 U.S.C. § 1692g(a)(1), must convey the  amount of the debt accurately from the perspective of the least sophisticated consumer.   59.  The written notice, to comply with 15 U.S.C. § 1692g(a)(1), must convey the  amount of the debt without ambiguity from the perspective of the least sophisticated consumer.   60.  The written notice, to comply with 15 U.S.C. § 1692g(a)(1), must state whether  interest, late fees and/or other fees are accruing.   61.  The written notice, to comply with 15 U.S.C. § 1692g(a)(1), must allow the least  6  93.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.     94.  As previously set forth, the Letter sets forth an “Account Balance.”   95.  As previously set forth, Plaintiff was always charged interest on any balance  carried on the account.   96.  As previously set forth, Plaintiff was always charged late fees on any payments  due but not timely made by Plaintiff.   97.  As previously set forth, Plaintiff was never informed by anyone that the terms and  conditions of the credit card were changed.   98.  The Letter fails to disclose whether the amount stated may increase due to  additional interest.   99.  The Letter fails to disclose whether the amount stated may increase due to  additional late fees.  100.  The Letter fails to indicate whether the creditor will accept payment of the  amount stated in full satisfaction of the debt if payment is made by a specified date.   101.  A collection letter violates 15 U.S.C. § 1692e if it can reasonably be read by the  least sophisticated consumer to have two or more meanings, one of which is inaccurate.   102.  The Letter, because of the aforementioned failures, and because interest and late  fees were always charged on the account and Plaintiff was never informed by anyone that interest  and late fees would no longer be applied, can reasonably be read by the least sophisticated  consumer to mean that interest was still accruing.  103.  The Letter, because of the aforementioned failures, and because interest and late  fees were always charged on the account and Plaintiff was never informed by anyone that interest  and late fees would no longer be applied, can reasonably be read by the least sophisticated  consumer to mean that late fees were still accruing.  104.  The Letter could also reasonably be read by the least sophisticated consumer to  mean that interest was no longer accruing.  105.  The Letter could also reasonably be read by the least sophisticated consumer to  mean that late fees were no longer accruing.  106.  The Letter could reasonably be read by the least sophisticated consumer to mean  9  Violation of 15 U.S.C. § 1692g   Violation of 15 U.S.C. § 1692e and § 1692f  False or Misleading Representations  111.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.   112.  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.  113.  § 1692e(2)(A) prohibits the false representation of the character, amount, or legal  status of any debt.  114.  § 1692e(2)(B) prohibits the false representation of any services rendered or  compensation that may be lawfully received by any debt collector for the collection of a debt.   115.  15 U.S.C. § 1692e(5) specifically prohibits threatening “to take any action that  cannot legally be taken or that is not intended to be taken.”  116.  15 U.S.C. § 1692e(10) specifically prohibits the “use of any false representation  or deceptive means to collect or attempt to collect any debt.”  117.  15 U.S.C. § 1692f provides a debt collector may not use unfair or unconscionable  means to collect or attempt to collect any debt.  118.  §1692f(1) limits prohibits the collection of any amount, including any interest,  fee, charge, or expense incidental to the debt, unless such amount is expressly authorized by the  agreement creating the debt or permitted by law.  10  Violation of 15 U.S.C. § 1692e   Violation of 15 U.S.C. § 1692e   Violation of 15 U.S.C. § 1692e  