11. Plaintiff brings claims, pursuant to the Federal Rules of Civil Procedure (hereinafter  “FRCP”) Rule 23, individually and on behalf of the following nationwide consumer class  (the “Class”):   All New York consumers who were sent collection letters and/or notice from  Defendant attempting to collect an obligation owed to or allegedly owed to  3  PayPal Inc., that contain at least one of the alleged violations arising from  Defendant's violation of 15 U.S.C. §1692 et seq..    The Class period begins one year to the filing of this Action.   13. The Class satisfies all the requirements of Rule 23 of the FRCP for maintaining a class  action:   Upon information and belief, the Class is so numerous that joinder of all  members is impracticable because there are hundreds and/or thousands of  persons who have received debt collection letters and/or notices from the  Defendant that violate specific provisions of the FDCPA. Plaintiff is  complaining of a standard form letter and/or notice that is sent to hundreds of  persons (See Exhibit A, except that the undersigned attorney has, in  accordance with Fed. R. Civ. P. 5.2 partially redacted the financial account  numbers in an effort to protect Plaintiff’s privacy);   There are questions of law and fact which are common to the Class and which  predominate over questions affecting any individual Class member.  These  common questions of law and fact include, without limitation:  a.  Whether Defendant violated various provisions of the FDCPA;  b.  Whether Plaintiff and the Class have been injured by Defendant’s  conduct;  c.  Whether Plaintiff and the Class have sustained damages and are  entitled to restitution as a result of Defendant’s wrongdoing and if  so, what is the proper measure and appropriate statutory formula to  be applied in determining such damages and restitution; and  4  d.  Whether Plaintiff and the Class are entitled to declaratory and/or  injunctive relief.   Plaintiff’s claims are typical of the Class, which all arise from the same  operative facts and are based on the same legal theories.   Plaintiff has no interest adverse or antagonistic to the interest of the other  members of the Class.   Plaintiff will fairly and adequately protect the interest of the Class and has  retained experienced and competent attorneys to represent the Class.   A Class Action is superior to other methods for the fair and efficient  adjudication of the claims herein asserted. Plaintiff anticipates that no unusual  difficulties are likely to be encountered in the management of this class action.   A Class Action will permit large numbers of similarly situated persons to  prosecute their common claims in a single forum simultaneously and without  the duplication of effort and expense that numerous individual actions would  engender.  Class treatment will also permit the adjudication of relatively small  claims by many Class members who could not otherwise afford to seek legal  redress for the wrongs complained of herein.  Absent a Class Action, class  members will continue to suffer losses of statutory protected rights as well as  monetary damages. If Defendant’s conduct is allowed proceed to without  remedy they will continue to reap and retain the proceeds of their ill-gotten  gains.  5   Defendant has acted on grounds generally applicable to the entire Class,  thereby making appropriate final injunctive relief or corresponding  declaratory relief with respect to the Class as a whole.  14. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “13” herein with the same force and effect as if the same were set  forth at length herein.   15. Some time prior to July 7, 2014, an obligation was allegedly incurred to PayPal, Inc.   16. The PayPal, Inc. obligation arose out of a transaction in which money, property,  insurance or services, which are the subject of the transaction, are primarily for personal,  family or household purposes.   17. The alleged PayPal, Inc. obligation is a "debt" as defined by 15 U.S.C.§ 1692a(5).   18. PayPal, Inc. is a "creditor" as defined by 15 U.S.C.§ 1692a(4).   19. Defendant contends that the PayPal, Inc. debt is past due.   20. Defendant collects and attempts to collect debts incurred or alleged to have been incurred  for personal, family or household purposes on behalf of creditors using the United States  Postal Services, telephone and internet.   21. PayPal, Inc. directly or through an intermediary contracted Defendant to collect the  alleged debt.   22. On or about July 7, 2014, the Defendant caused to be delivered to the Plaintiff a  collection letter in an attempt to collect the alleged debt. See Exhibit A.   23. The July 7, 2014 letter was sent or caused to be sent by persons employed by Defendant  as a “debt collector” as defined by 15 U.S.C. §1692a(6).  6   24. The July 7, 2014 letter is a “communication” as defined by 15 U.S.C. §1692a(2).   25. The July 7, 2014 letter stated in part;  “Because of interest, late charges, and other charges that may vary from day to  day, the amount due on the day you pay may be greater…..”   26. Upon information and belief, the Defendant will not increase the Plaintiff’s account due  to fees, late charges or other charges.   27. Defendant could have taken the steps necessary to bring its actions within compliance  with the FDCPA, but neglected to do so and failed to adequately review its actions to  ensure compliance with the law.   28. On information and belief, Defendant sent a written communication, in the form annexed  hereto as Exhibit A to at least 50 natural persons in the State of New York within one  year of the date of this Complaint.  29. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “28” herein with the same force and effect as if the same were set  forth at length herein.   30. Defendant’s debt collection efforts attempted and/or directed towards the Plaintiff  violated various provisions of the FDCPA, including but not limited to 15 U.S.C. §  1692e.   31. Pursuant to 15 U.S.C. §1692e, a debt collector is prohibited from using false, deceptive,  or misleading representation in connection with the collection of a debt.  7   32. The Defendant violated 1692e by falsely suggesting that immediate payment of their  balance would benefit them financially by stating that the amount may change due to  interest or other charges that may be added after the date of the letter. As the amount  Defendant seeks to collect never varies from the date of issuance, and Defendant never  makes an adjustment after it receives payment in the amount of the initial letter, the  statement in its letter is false, deceptive and misleading.    33. By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant's conduct  violated Section 1692e et seq. of the FDCPA, actual damages, statutory damages, costs  and attorneys’ fees.  34. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “33” herein with the same force and effect as if the same were set  forth at length herein.   35. Pursuant to 15 USC §1692g, a debt collector:  (a) Within five days after the initial communication with a consumer in  connection with the collection of any debt, a debt collector shall, unless the  following information is contained in the initial communication or the  consumer has paid the debt, send the consumer a written notice containing –  (1) The amount of the debt;  (2) The name of the creditor to whom the debt is owed;  (3) A statement that unless the consumer, within thirty days after receipt of  the notice, disputes the validity of the debt, or any portion thereof, the debt  will be assumed to be valid by the debt-collector;  (4) A statement that the consumer notifies the debt collector in writing within  thirty-day period that the debt, or any portion thereof, is disputed, the debt  collector will obtain verification of the debt or a copy of a judgment  against the consumer and a copy of such verification or judgment will be  8  mailed to the consumer by the debt collector; and  (5) A statement that, upon the consumer’s written request within the thirty- day period, the debt collector will provide the consumer with the name  and address of the original creditor, if different from the current creditor.   36. The Defendant further violated 1692g by failing to accurately state the balance of the  debt by stating that the outstanding balance may increase. Therefore, leaving the least  sophisticated consumer to reasonably conclude that he must pay the balance stated in the  letter immediately or possibly owe a larger amount, causing the consumer to be uncertain  of his rights.   37. By reason thereof, Defendant is liable to Plaintiff for judgment that Defendant's conduct  violated Section 1692g et seq. of the FDCPA, actual damages, statutory damages, costs  and attorneys’ fees.  VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. §1692e et seq.   VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT   15 U.S.C. §1692g et seq.  