76.  This action is brought as a class action. Plaintiff brings this action on behalf of himself  and on behalf of all other persons similarly situated pursuant to Rule 23 of the Federal  Rules of Civil Procedure.   77.  The identities of all class members are readily ascertainable from the records of  Defendant and those business and governmental entities on whose behalf it attempts to  collect debts.   78.  Excluded from the Plaintiff's Class is the Defendant and all officers, members, partners,  managers, directors, and employees of Defendant, and all of their respective immediate  families, and legal counsel for all parties to this action and all members of their  immediate families.   79.  There are questions of law and fact common to the Plaintiff's Class, which common  issues predominate over any issues involving only individual class members.  The  principal issues are whether Defendant's communications with Plaintiff, such as the  above stated claims, violate provisions of the Fair Debt Collection Practices Act.   80.  Plaintiff's claims are typical of the class members, as all are based upon the same facts  and legal theories.  -14-   81.  Plaintiff will fairly and adequately protect the interests of Plaintiff's Class defined in this  complaint. Plaintiff has retained counsel with experience in handling consumer lawsuits,  complex legal issues, and class actions, and neither Plaintiff nor his attorneys have any  interests, which might cause them not to vigorously pursue this action.   82.  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: Plaintiff is informed and believes, and on that basis alleges, that  Plaintiff's 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 Plaintiff's Class and those questions predominate over  any questions or issues involving only individual class members. The  principal issues are whether Defendant's communications with Plaintiff,  violate provisions of the Fair Debt Collection Practices Act.  (c)  Typicality: Plaintiff's claims are typical of the claims of the class members.   Plaintiff and all members of Plaintiff's Class defined in this complaint  have claims arising out of Defendant's common uniform course of conduct  complained of herein.  (d)  Adequacy:  Plaintiff will fairly and adequately protect the interests of the  class members insofar as Plaintiff has no interests that are adverse to the  absent class members.  Plaintiff is committed to vigorously litigating this  matter. Plaintiff has also retained counsel experienced in handling  -15-  consumer lawsuits, complex legal issues, and class actions.  Neither 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.  Certification of a class under Rule 23(b)(l)(A) of the Federal Rules of Civil  Procedure is appropriate as adjudications with respect to individual members  create a risk of inconsistent or varying adjudications which could establish  incompatible standards of conduct for Defendant who, on information and  belief, collects debts throughout the United States of America.   83.  Certification of a class under Rule 23(b)(2) of the Federal Rules of Civil Procedure is   also appropriate in that a determination that the above stated claims, violate provisions of  the Fair Debt Collection Practices Act, and is tantamount to declaratory relief and any  monetary relief under the FDCPA would be merely incidental to that determination.   84.  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's 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.  -16-   85.  Further, Defendant has acted, or failed to act, on grounds generally applicable to the Rule  (b)(l)(A) and (b)(2) Class, thereby making appropriate final injunctive relief with respect  to the Class as a whole.   86.  Depending on the outcome of further investigation and discovery, Plaintiff may, at the  time of class certification motion, seek to certify one or more classes only as to particular  issues pursuant to Fed. R.Civ. P. 23(c)(4).  87.  Plaintiff repeats, reiterates, and incorporates the allegations contained in paragraphs  numbered one (1) through eighty six (86) herein with the same force and effect is if the  same were set forth at length herein.   88.  This cause of action is brought on behalf of Plaintiff and the members of a class. The  class involves all individuals 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 October 21st, 2016; 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; and (c) the Plaintiff asserts that the  letter contained violations of 15 U.S.C. §§ 1692g of the FDCPA as it failed to clearly,  explicitly and unambiguously convey the amount of the debt.  89.  Plaintiff repeats, reiterates, and incorporates the allegations contained in paragraphs  numbered one (1) through eighty eight (88) herein with the same force and effect is if the  same were set forth at length herein.   90.  This cause of action is brought on behalf of Plaintiff and the members of a class.   91.  The class involves all individuals 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 October 21st, 2016; 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; and (c) the Plaintiff asserts that the  letter contained violations of 15 U.S.C. §§ 1692e of the FDCPA by using a false,  deceptive and misleading representation in its attempt to collect a debt.  92.  Plaintiff repeats, reiterates, and incorporates the allegations contained in paragraphs  numbered one (1) through ninety one (91) herein with the same force and effect is if the  same were set forth at length herein.   93.  This cause of action is brought on behalf of Plaintiff and the members of a class.   94.  The class involves all individuals 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 October 21st, 2016; 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; and (c) the Plaintiff asserts that the  letter contained violations of 15 U.S.C. §§ 1692f and § 1692e by charging or attempting  -18-  to charge non-interest charges or fees.  Violations of the Fair Debt Collection Practices Act   95.  Defendant's actions as set forth above in the within complaint violates the FDCPA.   96.  Because Defendant violated the FDCPA, Plaintiff and the members of the class are  entitled to damages in accordance with the FDCPA.  WHEREFORE, Plaintiff, respectfully requests preliminary and permanent injunctive relief, and that this  Court enter judgment in Plaintiff's favor and against Defendant and award damages as follows:  (a)  Statutory damages provided under the FDCPA, 15 U.S.C. § 1692(k);  (b)  Attorney fees, litigation expenses and costs incurred in bringing this action;   (c)  Any other relief that the Court deems appropriate and just under the  circumstances.  Dated: Brooklyn, New York              February 3rd, 2017      /s/ Igor Litvak_____  Igor Litvak, Esq.  Attorneys for the Plaintiff  The Litvak Law Firm, PLLC  1701 Avenue P  Brooklyn, New York 11229  Office: (718) 989-2908  Facsimile: (718) 989-2908  E-mail: Igor@LitvakLawNY.com  Plaintiff requests trial by jury on all issues so triable.       /s/ Igor Litvak_____   Igor Litvak, Esq.   Violation of 15 U.S.C. § 1692f and § 1692e  False or Misleading Representations   Violation of 15 U.S.C. § 1692e  False or Misleading Representations  -17-   Violation of 15 U.S.C. § 1692g  Failure to Adequately Convey the Amount of the Debt  