17. The Plaintiff incorporates the previous paragraphs as if fully set forth herein. 3  18. The Plaintiff is a "person" who falls under the protection of Article 2 of the West Virginia Consumer Credit and Protection Act (herein “WVCCPA”) and is entitled to the remedies set forth in Article 5 of the WVCCPA.  19. The Defendant, BCY, is a debt collector as defined by West Virginia Code §46A- 2-122(d) engaging directly or indirectly in debt collection as defined by West Virginia Code §46A-2-122© within the State of West Virginia.  20. The Defendant has engaged in repeated violations of Article 2 of the West Virginia Consumer Credit and Protection Act, including but not limited to, a. attempting to collect a debt by threats in violation of West Virginia Code §46A-2-124 by threatening legal action without notice after fourteen days; b. threatening to take any action prohibited by this chapter or other law regulating the debt collector’s conduct under 15 U.S.C. § 1692 in violation of West Virginia Code §46A- 2-124(f) by threatening to take legal action after failing to properly inform Plaintiff of his validation rights; c. engaging in unreasonable or oppressive or abusive conduct towards the Plaintiff in connection with the attempt to collect a debt in violation of West Virginia Code 22. The Plaintiff incorporates the previous paragraphs as if fully set forth herein.  23. The Plaintiff is a "consumer" who falls under the protection of 15 U.S.C. 1692a(3) (herein “FDCPA”) and is entitled to the remedies set forth in Section 1692k of the FDCPA.   24. The Defendant, BCY, is a debt collector as defined by 1692a(6) of the FDCPA engaging directly or indirectly in debt collection within the State of West Virginia.   25. The Defendant has engaged in repeated violations of 1692 of the Fair Debt Collection Practices Act, including but not limited to, a. failing to notify Plaintiff within five days after its initial communication in writing of Plaintiff’s rights to seek validation of the debt in violation of 15 U.S.C. 1692g(a);  b. failing to provide Plaintiff a statement that unless the consumer, within thirty (30) days after receipt of the notice, disputes the validity of the debt, or any portion thereof, 5 the debt will be assumed to be valid by the debt collector and instead providing Plaintiff with only fourteen (14) days and requiring written notice in violation of 15 U.S.C. 1692g(a)(3); c. failing to provide Plaintiff a statement that if the Plaintiff notifies the Defendant in writing within the validation period that the debt is disputed, then Defendant would obtain verification of the debt and provide such verification to Plaintiff in violation of 15 U.S.C. 1692g(a)(4); d. failing to provide Plaintiff a statement that it would cease collection efforts if the Plaintiff notifies the Defendant in writing within the validation period that the debt is disputed in violation of 15 U.S.C. 1692g(b);  e. engaging in conduct the natural consequence of which is to harass, oppress, and abuse Plaintiff in connection with the collection of a debt in violation of 15 U.S.C. 1692d; f. using deceptive or misleading representations or means in an attempt to collect a debt or to obtain information concerning a consumer in violation of 15 U.S.C. 1692e; and  g. using unfair and/or unconscionable means to collect a debt from Plaintiff in violation of 15 U.S.C. 1692f.  26. As a result of the Defendant’s actions, Plaintiff has been annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise was caused indignation and distress. 27. The Plaintiff incorporates the previous paragraphs as if fully set forth herein.  28. This action is also filed as a class action.  Plaintiff, serving as class representative, tentatively defines the class and subclass as follows:  (A) all consumers who were mailed letters of the type attached hereto as Exhibit 1 or substantial equivalents, in an attempt to collect a claim owed by a consumer at any time within one year prior to the filing of this civil action (which letters were not returned by the United States Post Office as undeliverable), and who have not previously filed an individual civil action alleging a similar violation of West Virginia or federal law.   (B) All West Virginia consumers who were mailed letters of the type attached hereto as Exhibit 1 or substantial equivalents, in an attempt to collect a claim owed by a consumer at any time within four years prior to the filing of this civil action (which letters were not returned by the United States Post Office as undeliverable), and who have not previously filed an individual civil action alleging a similar violation of West Virginia or federal law.    29. Plaintiff reserves the right to refine the class definition in light of discovery and additional investigation.  30. The putative class is so numerous that joinder of all members is impractical.  31. There are questions of law and fact common to the putative class, which predominate over any questions affecting only individual class members.  7  32. The principal common issues involve whether Defendant Bailes, Craig & Yon’s conduct regarding the aforementioned letter(s) constitutes a violation of the unfair debt collection practices provisions of the WVCCPA and FDCPA.  33. Plaintiff’s claims are typical of those of the putative class and said claims are based on the same legal and factual theories.    34. Plaintiff will fairly and adequately protect the interests of the class.  He has suffered pecuniary injury as a result of Defendant's actions and will, accordingly, vigorously litigate this matter.  Plaintiff is greatly annoyed at being the victim of Defendant's illegal and fraudulent conduct and wishes to see that wrong remedied.  To that end, Plaintiff has hired counsel experienced in claims involving unfair business practices.    35. Neither the Plaintiff nor his counsel has any interest that might prevent them from vigorously pursuing this claim.  36. A class action is a superior method for the fair and efficient adjudication of this particular claim and controversy.   37. The interest of putative class members in individually controlling and maintaining the prosecution of separate claims against Defendant is small given the fact that they are unlikely to be aware of their legal rights and the amount of statutory or actual damages in an individual action is relatively small.  38. The management of this class claim is likely to present significantly fewer difficulties that those presented in many larger, and more complex, class actions.   8  39. As a proximate and/or foreseeable result of Defendant's wrongful conduct, each member of the putative class has suffered actual and/or statutory damages.  CLASS CLAIMS FOR RELIEF 6  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT  VIOLATIONS OF THE WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT 