55.  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.   56.  The identities of all class members are readily ascertainable from the records of  Financial Recovery Services, Inc and those business and governmental entities on whose  behalf it attempts to collect debts.   57.  Excluded from the Plaintiff's Class is the Defendant and all officers, members, partners,  managers, directors, and employees of Financial Recovery Services, Inc, and all of their  respective immediate families, and legal counsel for all parties to this action and all  members of their immediate families.   58.  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 the Defendant's communications with the Plaintiff, such as  the above stated claims, violate provisions of the Fair Debt Collection Practices Act.   59.  The Plaintiff's claims are typical of the class members, as all are based upon the same  facts and legal theories.   60.  The Plaintiff will fairly and adequately protect the interests of the Plaintiff's Class  defined in this complaint. The Plaintiff has retained counsel with experience in handling  -9-  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.   61.  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'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 the Plaintiff's Class and those questions  predominate over any questions or issues involving only individual class  members. The principal issues are whether the Defendant's communications  with the Plaintiff, such as the above stated claims, violate provisions of the  Fair Debt Collection Practices Act.  (c)  Typicality: The Plaintiff's claims are typical of the claims of the class  members.  Plaintiff and all members of the Plaintiff's Class defined in  this complaint 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 class members.  The Plaintiff is committed to vigorously  litigating this matter.  Plaintiff has also retained counsel experienced in  -10-  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.  Certification of a class under Rule 23(b)(l)(A) of the Federal Rules of Civil  Procedure is appropriate because 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.   62.  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.   63.  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  -11-  class action is superior to other available methods for the fair and efficient adjudication  of the controversy.   64.  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.   65.  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).  66.  Plaintiff repeats, reiterates, and incorporates the allegations contained in paragraphs  numbered one (1) through sixty five (65) herein with the same force and effect is if the  same were set forth at length herein.   67.  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 January 24th, 2017; 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.  68.  Plaintiff repeats, reiterates, and incorporates the allegations contained in paragraphs  numbered one (1) through sixty seven (67) herein with the same force and effect is if the  same were set forth at length herein.   69.  This cause of action is brought on behalf of Plaintiff and the members of a class.   70.  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 January 24th, 2017; 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.  71.  Plaintiff repeats, reiterates, and incorporates the allegations contained in paragraphs  numbered one (1) through seventy (70) herein with the same force and effect is if the  same were set forth at length herein.   72.  This cause of action is brought on behalf of Plaintiff and the members of a class.   73.  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 January 24th, 2017; 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  -13-  attempting to charge non-interest charges or fees.  Violations of the Fair Debt Collection Practices Act   74.  The Defendant's actions as set forth above in the within complaint violates the Fair Debt  Collection Practices Act.   75.  Because the Defendant violated the Fair Debt Collection Practices Act, the Plaintiff and  the members of the class are entitled to damages in accordance with the Fair Debt  Collection Practices Act.  WHEREFORE, Plaintiff, respectfully requests preliminary and permanent injunctive relief, and that  this Court enter judgment in Plaintiff's favor and against the 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; and  (c)  Any other relief that this Court deems appropriate and just under the  circumstances.  Dated: Brooklyn, New York              February 17th, 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. § 1692g  Failure to Adequately Convey the Amount of the Debt   Violation of 15 U.S.C. § 1692e  False or Misleading Representations  -12-   Violation of 15 U.S.C. § 1692f and § 1692e  False or Misleading Representations  