18.  On March 3, 2015, Plaintiff entered into an Apartment Lease to rent an apartment  at Harbour Club Apartments.  4	
    19.  A redacted copy of the Apartment Lease and other documents that were involved  in the rental of the apartment at 48811 Denton Rd Bld (3) Apt (1), Belleville, Michigan is  attached hereto as Exhibit A.     20.  Harbour Club Apartments’ mailing address is 49000 Denton Rd., Belleville,  Michigan.    21.  The term of the Apartment Lease ended on April 11, 2016.   22.  Plaintiff was provided a Move Out Statement dated 4/17/2016. (Exhibit B).   23.  The Move Out Statement indicated that on move out a total of $529.40 (five  hundred twenty-nine dollars and forty cents) was due from Plaintiff.  (Exhibit B).   24.  Plaintiff had fallen on hard times when his employer stopped paying his  employees, including Plaintiff’s wages and medical insurance.     25.  On October 31, 2016, Plaintiff, though his counsel, filed a chapter 7 bankruptcy in  the Eastern District of Michigan, Case No. 16-54835-mbm.   26.  Notice of Plaintiff’s bankruptcy filing was sent to Plaintiff’s creditors.   27.  Rent Recover’s website in part states, “If you have failed to successfully complete  the terms and conditions of your lease, you are still responsible for all outstanding rent, fees or  damages owed. Your signed lease, security deposit bond or outstanding balance will result in  your  account  being  referred  to  Rent  Recover  for  collection.”   http://rentrecover.com/residents.cfm (last visited November 16, 2017).   28.  Rent Recover sent or caused to be sent Plaintiff a letter dated January 17, 2017,  stating in part:  5	
   Exhibit C.   29.  Rent Recover’s letter to Plaintiff also states in part:   30.  The two sentences above appear to be standard statements made by Rent Recover  in letters sent to debtors in the State of Michigan.      31.  On January 26, 2017, the bankruptcy court entered an Order Discharging Debtor.   32.  Plaintiff expended time and costs in seeking out legal advise regarding Rent  Recover’s post bankruptcy filing collection attempt.   33.  Plaintiff incorporates paragraphs 1-32 herein.   34.  Plaintiff’s contract with Harbour Club Apartments does not include a clause that  unpaid amounts will accrue interest at a rate of 7.00 percent annum.     35.  The putative class members’ contracts with their landlords do not include a clause  that unpaid amounts will accrue interest at a rate of 7.00 percent annum.   36.  15 U.S.C. § 1692f, in part, provides:  A debt collector may not use unfair or unconscionable means to collect or attempt  to collect any debt. Without limiting the general application of the foregoing, the  following conduct is a violation of this section:   6	
   (1) The collection of any amount (including any interest, fee, charge, or expense  incidental to the principal obligation) unless such amount is expressly authorized  by the agreement creating the debt or permitted by law.    37.  15 U.S.C. § 1692e, in pertinent part, provides:  A debt collector may not use any false, deceptive, or misleading  representation or means in connection with the collection of any debt. Without  limiting the general application of the foregoing, the following conduct is a  violation of this section:  * * *  (2) The false representation of --  (A) the character, amount, or legal status of any debt. . . .   38.  The language quoted above in Rent Recover’s letter to Plaintiff violates 15 U.S.C.  §§ 1692e, f, f(1).  39.  Plaintiff incorporates paragraphs 1-32 herein.   40.  MCL § 339.915a provides, in part, that “[a] licensee shall not commit any of the  following acts: * * * (a) Communicating with a debtor in a misleading or deceptive manner[.]”   41.  The language quoted above in Rent Recover’s letter to Plaintiff violates the  language of MCL § 339.915a cited above.   42.  A complaint need not define the class rather, “the obligation to define the class  falls on the judge’s shoulders” who may ask the parties’ assistance.  Chapman v. First Index,  Inc., 796 F.3d 783, 785 (7th Cir. 2015) (citing Fed. R. Civ. P. 8(a); Fed. R. Civ. P. 23(c)(1);  Kasalo v. Harris & Harris, Ltd., 656 F.3d 557, 563 (7th Cir. 20011).   43.  Pursuant to Rule 23 class definitions may be modified by the Court or by Plaintiff  prior to the entry of a judgment in this matter.  7	
    44.  On information and belief there are more than 40 persons in Michigan whom  within one-year of the filing of this Complaint who received a letter in the form of Exhibit C that  included the language “Your account will accrue interest at a rate of 7.00 percent per annum.”   45.  There are questions of law and fact common to each class that predominate over  any questions affecting only individual class members.    46.  The predominate questions are whether Michigan former tenant who is sent a  letter in the form of Exhibit C that includes the language, “Your account will accrue interest at a  rate of 7.00 percent per annum”  violates the FDCPA and the MOC.   47.  Plaintiff will fairly and adequately protect the interests of a class.    48.  Plaintiff has retained Curtis C. Warner, who is counsel experienced in handling  class actions and claims involving unlawful business practices.    49.  A class action is an appropriate method for the fair and efficient adjudication of  this controversy.   50.  Plaintiff incorporates paragraphs 1-32 herein.   51.  Due to the automatic stay in Plaintiff’s bankruptcy case, Defendant was not  permitted to attempt to collect any monies from Plaintiff when the letter dated January 17, 2016,  Exhibit C, was sent to Plaintiff.   52.  Defendant violated 15 U.S.C §§ 1692e, e(2)(A), e(5), e(10), and 15 U.S.C. §  1692f.  WHEREFORE, Plaintiff requests this Honorable Court to enter judgment on each of the  claims under the FDCPA and MOC in her and the class’ favor and against Defendant for:  8	
   A.  Actual and statutory damages available under the FDCPA and MOC,  treble damages under the MOC if Defendant’s conduct is deemed to be  willful; and  B.  Attorney’s fees and costs available under the FDCPA and MOC.  Respectfully submitted,  /s/ Curtis C. Warner  BY: Curtis C. Warner   For Plaintiff Peter Pilarski  Curtis C. Warner 