22.  Defendant alleges Plaintiff owes a debt (“the alleged Debt”).     23.  The alleged Debt is an alleged obligation of Plaintiff to pay money arising out of a  transaction in which the money, property, insurance, or services which are the subject of the  transaction are primarily for personal, family, or household purposes.   24.  The alleged Debt does not arise from any business enterprise of Plaintiff.   25.  The alleged Debt is a “debt” as that term is defined by 15 U.S.C. § 1692a(5).   26.  At an exact time known only to Defendant, the alleged Debt was assigned or  otherwise transferred to Defendant for collection.    27.  At the time the alleged Debt was assigned or otherwise transferred to Defendant for  collection, the alleged Debt was in default.   28.  In its efforts to collect the alleged Debt, Defendant caused a collection letter dated  April 8, 2020, to be sent to Plaintiff.  (A true and accurate copy of that collection letter (the  “Letter”) is annexed hereto as “Exhibit 1.”)  5   29.  The Letter conveyed information regarding the alleged Debt.   30.  The Letter is a “communication” as that term is defined by 15 U.S.C. § 1692a(2).   31.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.     32.  15 U.S.C. § 1692g provides that within five days after the initial communication  with a consumer in connection with the collection of any debt, a debt collector shall, unless the  information is contained in the initial communication or the consumer has paid the debt, send the  consumer a written notice containing certain enumerated information.   33.  The failure by a debt collector to provide the written notice containing referenced  above is a violation of the FDCPA.     34.  The Letter was the initial communication Plaintiff received from Defendant  concerning the alleged Debt.   35.  The Letter does not contain the information required by 15 U.S.C. § 1692g.    36.  Plaintiff did not pay the alleged Debt.   37.  Plaintiff did not receive any other written communication from Defendant within  five days of the Letter.   38.  For the foregoing reasons, Defendant violated 15 U.S.C. § 1692g and is liable to  Plaintiff therefor.  39.  Plaintiff repeats and realleges the foregoing paragraphs as if fully restated herein.   40.  15 U.S.C. § 1692e provides, generally, that a debt collector may not use any false,  deceptive, or misleading representation or means in connection with the collection of any debt.  6   41.  The Letter states, “Please be advised the thirty (30) day verification period has  passed.”   42.   The Letter further states, “This is a demand for payment in full. You can avoid  further collection activity on this item by paying in full.”   43.  However, the failure of a consumer to dispute a debt does not operate as a waiver  of any right to dispute or challenge a debt.   44.  The failure of a consumer to dispute a debt does not operate as a waiver of any right  not to pay a debt.     45.  A consumer can dispute a debt at any time, regardless of whether the consumer  exercises her right to dispute the debt within the validation period.   46.  The Letter would lead the least sophisticated consumer to believe that she cannot  dispute the alleged debt.   47.  The Letter would lead the least sophisticated consumer to believe that the only  available option is to pay the alleged Debt in full.    48.  As such, the Letter constitutes false, deceptive, or misleading representation or  means in connection with the collection of a debt in violation of 15 U.S.C. § 1692e.   49.  For the foregoing reasons, Defendant violated 15 U.S.C. § 1692e and is liable to  Plaintiff therefor.    50.  Plaintiff brings this action individually and as a class action on behalf of all  consumers similarly situated in the State of New York.   51.  Plaintiff seeks to certify a class of:  All consumers to whom Defendant sent a collection letter substantially  and materially similar to the letter sent to Plaintiff, which letter was  sent on or after a date one year prior to the filing of this action to the  7  present.   52.  This action seeks a finding that Defendant’s conduct violates the FDCPA, and asks  that the Court award damages as authorized by 15 U.S.C. § 1692k.   53.  The Class consists of more than thirty-five persons.   54.  Plaintiff’s claims are typical of the claims of the Class.  Common questions of law  or fact raised by this action affect all members of the Class and predominate over any individual  issues.  Common relief is therefore sought on behalf of all members of the Class.  A class action is  superior to other available methods for the fair and efficient adjudication of this controversy.   55.  The prosecution of separate actions by individual members of the Class would  create a risk of inconsistent or varying adjudications with respect to the individual members of the  Class, and a risk that any adjudications with respect to individual members of the Class would, as  a practical matter, either be dispositive of the interests of other members of the Class not party to  the adjudication, or substantially impair or impede their ability to protect their interests.  Defendant  has acted in a manner applicable to the Class as a whole such that declaratory relief is warranted.   56.  Plaintiff will fairly and adequately protect and represent the interests of the Class.  The management of the class is not extraordinarily difficult, and the factual and legal issues raised  by this action will not require extended contact with the members of the Class, because Defendant’s  conduct was perpetrated on all members of the Class and will be established by common proof.   Moreover, Plaintiff has retained counsel experienced in actions brought under consumer protection  laws.  Violation of 15 U.S.C. §§ 1692g   Violation of 15 U.S.C. §§ 1692e  