(Fair Debt Collection Practices Act Violations)   10.  Nepomuceno received the September 14, 2013 Statement.   11.  The September 14, 2013 Statement contained many items of  information including:  MCM Account #:  xxxxxxx455  Original Account #:  XXXXXXXXXXXXX917  41.  This action is brought and may properly proceed as a class  action, pursuant to the provisions of Rule 23 of the Federal Rules  of Civil Procedure. Plaintiff brings this action on behalf of  herself  and  others  similarly  situated.  Plaintiff  seeks  certification of a Class initially defined as follows:  All New Jersey consumers to whom Defendants sent,  within  the  appropriate  statutory  period,  a  communication the same as Exhibit A or a substantially  similar communication in violation of 15 U.S.C. § 1692  et seq. (FDCPA).    42.  Plaintiff seeks to recover statutory damages, attorney’s  fees and costs on behalf of all class members under the Fair  Debt Collection Practices Act.    44.  There are questions of law and fact common to the members  of the Class that predominate over questions affecting only  individuals, including but not limited to:  A. Whether Defendant is a debt collector under the FDCPA;  B. Whether Defendant violated 15 U.S.C. § 1692e, 15  U.S.C. § 1692e(2), 15 U.S.C. § 1692e(6) 15 U.S.C. §  1692e(9), 15 U.S.C. § 1692e(10) and 15 U.S.C. §  1692e(12);  C. Whether MCM’s use of the phrase “Due Date” is  deceptive and/or would cause the least sophisticated  consumer to become confused;  D. Whether Midland Funding or MCM is required to possess  a license in order for MCM to attempt collection of   interest from Plaintiff and those similarly situated;  E. Whether the communications sent by Defendants were  deceptive or would cause the least sophisticated  consumer to become confused; and  F. Whether Plaintiff and the Class are entitled to damages.   45.  A class action is superior to other available methods for  the fair and efficient adjudication of this controversy since  joinder of all members is impracticable. The FDCPA statutory  scheme provides for statutory damages payable to each class  member. A class action will cause an orderly and expeditious  administration of the claims of the Class and will foster  economies of time, effort and expense.   46.  The claims of the Plaintiff are typical of the claims of  the members of the Class.    48.  Plaintiff does not have interests antagonistic to those of  the Class.   49.  The Class, of which Plaintiff is a member, is readily  identifiable.   50.  Plaintiff will fairly and adequately protect the interests  of the Class, and has retained competent counsel experienced in  the prosecution of consumer litigation. Proposed Class Counsel  have investigated and identified potential claims in the action;  have a great deal of experience in handling class actions, other  complex litigation, and claims of the type asserted in this  action.   51.  The prosecution of separate actions by individual members  of the Class would run the risk of inconsistent or varying  adjudications, which would establish incompatible standards of  conduct for the Defendants in this action or the prosecution of  separate actions by individual members of the class would create  the risk that adjudications with respect to individual members  of the class would as a practical matter be dispositive of the  interests of the other members not parties to the adjudications  or substantially impair or impede their ability to protect their  interests. Prosecution as a class action will eliminate the  possibility of repetitious litigation.   53.  Plaintiff, on behalf of herself and others similarly  situated, repeats and realleges all prior allegations as if set  forth at length herein.   54.  Defendant violated 15 U.S.C. § 1692 et seq. of the FDCPA in  connection with its communications sent to Plaintiff and others  similarly situated.   55.  Defendant violated 15 U.S.C. § 1692e of the FDCPA by using  any false, deceptive or misleading representation or means in  connection with its attempts to collect debts from Plaintiff and  others similarly situated.   56.  Defendant violated 15 U.S.C. § 1692e of the FDCPA in  connection with its communications sent to Plaintiff and others  similarly situated.   57.  Defendant’s “Statement” would cause the least sophisticated  consumer to be confused as to whether MCM was collecting for a  creditor which would not be covered by the FDCPA.   58.  Defendant’s use of the phrase “Due Date”  violates 15  U.S.C. § 1692e of the FDCPA by using a false, deceptive or  misleading representation or means in connection with its  attempts to collect debts from Plaintiff and others similarly  situated.   60.  Defendant’s use of the phrase “Due Date” with a specific  date  violates 15 U.S.C. § 1692e of the FDCPA by using a false,  deceptive or misleading representation or means in connection  with its attempts to collect debts from Plaintiff and others  similarly situated.   61.  Defendant violated 15 U.S.C. 1692e(2)(A) of the FDCPA by  falsely representing the character, amount or legal status of  any alleged debt in its collection letters to Plaintiff and  others similarly situated.   62.  Defendant violated 15 U.S.C. 1692e(2)(B) of the FDCPA by  falsely representing the compensation which may be lawfully  received in its collection letters to Plaintiff and others  similarly situated.   63.  Defendant violated 15 U.S.C. § 1692e(6) of the FDCPA by  falsely representing and/or implying that a sale or other  transfer of any interest in the alleged debts caused Plaintiff  and others similarly situated to lose any claim or defense to  payment.   65.  Defendant violated 15 U.S.C. § 1692e(12) of the FDCPA by  falsely representing and/or implying that the debts it was  attempting to collect from Plaintiff and others similarly  situated had been turned over to innocent purchasers for value.   7.  Defendant  sent  a  communication  to  Nepomuceno  dated  September 14, 2013 attempting to collect an amount allegedly due  to Midland Funding, LLC (the “alleged debt”).     8.  The September 14, 2013 communication was identified as a  “Statement.”   