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 CCC sent a collection letter attempting to collect a consumer debt;  c. after the consumer’s bankruptcy discharge;  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  Defendants and those companies and entities on whose behalf they attempt to collect and/or  have purchased debts.   13.  Excluded from the Plaintiff Classes 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.    14.  There are questions of law and fact common to the Plaintiff Classes, which common  issues predominate over any issues involving only individual class members. The principal issue  is whether the Defendant's collection actions such as the referenced letter attached as Exhibit A,  violate 15 U.S.C. §§ l692e, and 1692f.   15.  The Plaintiffs' claims are typical of the class members, as all are based upon the same  facts and legal theories. The Plaintiffs will fairly and adequately protect the interests of the  Plaintiff Classes defined in this complaint. The Plaintiffs have retained counsel with experience  in handling consumer lawsuits, complex legal issues, and class actions, and neither the Plaintiffs  nor their 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 Plaintiffs are informed and believe, and on that basis allege,  that the Plaintiff Classes defined above are 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 Classes and those questions predominance over  any questions or issues involving only individual class members. The principal  issue is whether the Defendant’s communications to consumers, in the forms  attached as Exhibit A violate 15 U.S.C. § l692e, and §1692f.  c. Typicality: The Plaintiff’s claims are typical of the claims of the class members.  The Plaintiffs and all members of the Plaintiff Classes have claims arising out of  the Defendants' common uniform course of conduct complained of herein.  d. Adequacy: The Plaintiffs will fairly and adequately protect the interests of the  class members insofar as Plaintiffs have no interests that are adverse to the absent  class members. The Plaintiffs are committed to vigorously litigating this matter.  Plaintiffs have also retained counsel experienced in handling consumer lawsuits,  complex legal issues, and class actions. Neither the Plaintiffs nor their 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 imCCCcticable. 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  Classes 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, Plaintiffs 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.   20.  On a date better known to the creditor Bank of America, N.A., the Plaintiff incurred  an obligation.   21.  The Bank of America obligation arose out of transactions in which money, property,  insurance or services, which are the subject of the transaction, are primarily for personal, family  or household purposes, specifically a computer purchase.   22.  The Bank of America obligation is a "debt" as defined by 15 U.S.C. §1692a(5).   23.  Bank of America is a "creditor" as defined by 15 U.S.C.§ 1692a(4).   24.  Bank of America contracted the Defendant to collect the alleged debt.   25.  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 – March 6, 2020 Collection Letter   26.  Plaintiff filed a Voluntary Petition for Relief under Chapter 7 of Title 11 of the  United States Code on April 4, 2019  (hereinafter referred to as the “Petition Date”), invoking  the protection of the automatic stay pursuant to 11 U.S.C. §362.   27.  Said Petition was filed with the United States Bankruptcy Court for the Eastern  District of New York and was assigned Case No. 19-42046.   28.  The Petition filed by the Plaintiff listed Bank of Amrica, N.A. (“Original Creditor”)  as an unsecured creditor for a debt (“subject debt”) on her Schedule F.    29.  Plaintiff’s 341(a) meeting of creditors was held on May 16, 2019.    30.  No representative of the Original Creditor attended the meeting of creditors.   31.  On July 17, 2019, the Plaintiff received and Order of Discharge of all debts  included in his bankruptcy petition pursuant to 11 U.S.C. § 727, including the “subject debt”.    32.  This discharge order effectuated a discharge of the debt to the Original Creditor,  Providing as follows:  The discharge prohibits any attempt to collect from the debtor a debt that has been  discharged. For example, a creditor is not permitted to contact a debtor by mail,  phone, or otherwise…to collect a discharged debt for the debtor   33.  Pursuant to 11 U.S.C. § 524, the Order of Discharge invoked the protections of the  discharge injunction, prohibiting any acts to collect upon the subject debtor.   34.  The Bankruptcy Noticing Center sent out the Discharge Certificate of Notice on or  around July 19, 2019 alerting all listed creditors of the discharge.    35.  Upon receipt of this notice the creditors were required to cease all collection efforts  and close the account.   36.  Despite the Plaintiff receiving her discharge the original creditor Bank of America  assigned the account to Defendant CCC to collect.   37.  Defendant CCC failed to perform a proper bankruptcy check and sent collection  notices to the Plaintiff.   38.  The collection notice specifically demanded payment for a discharged debt.   39.  The Defendant should have had systems in place to detect if this account has been  included in a bankruptcy filing.   40.  Defendant’s attempt to collect a debt from the Plaintiff, was an illegal practice.   41.  Defendant’s attempt to collect a debt from the Plaintiff, constitute the threat to take  an action that cannot legally be taken or that is not intended to be taken because Defendant  cannot collect a discharged debt.   42.  Defendant’s attempt to collect a debt from the Plaintiff, constitutes harassment and  the unfair and unconscionable means to collect a debt.   43.  Defendant’s attempt to collect a debt from Plaintiff, were deceptive and misleading  and caused the Plaintiff to be upset and confused about the status of the debt.   44.  As a result of Defendant's deceptive, misleading and unfair debt collection practices,  Plaintiff has been damaged.  45.  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.   46.  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.   47.  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.   48.  Defendant violated §1692e :   a. As the Letter was attempt collection a debt no longer owed by Plaintiff in  violation of §1692e(2), and §1692e(5).  b. By making a false and misleading representation in violation of §1692e(10).   49.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant's  conduct violated Section 1692e et seq. of the FDCPA, actual damages, statutory damages, costs  and attorneys’ fees.  50.  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.   51.  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. § 1692f.   52.  Pursuant to 15 U.S.C. §1692f, a debt collector may not use any unfair or  unconscionable means in connection with the collection of any debt.   53.  Defendant violated this section by falsely threatening the Plaintiff that this debt was  still owed.   54.  By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant's  conduct violated Section 1692f et seq. of the FDCPA, actual damages, statutory damages, costs  and attorneys’ fees.  VIOLATIONS OF THE FAIR DEBT COLLECTION CCCCTICES ACT 15 U.S.C. §1692e  et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION CCCCTICES ACT 15 U.S.C.  §1692f et seq.  