52.  Plaintiff re-states, re-alleges and incorporates herein by reference, paragraphs one (1)  through fifty-one (51) as if set forth fully in this cause of action.   53.  This cause of action is brought on behalf of Plaintiff and the members of two classes.   54.  Class A consists of all persons whom Defendant’s records reflect resided in the State of  New York who communicated with Defendant’s representatives within one year prior to  the date of the within complaint up to the date of the filing of the complaint; (a) the  -9-  Defendant denied the Plaintiff the right to dispute the debt; and (b) the Defendant made  false statements in violation of 15 U.S.C. §§ 1692e(8) and 1692e(10).   55.  Class B consists of all persons whom Defendant’s records reflect resided in New York  who received telephonic messages from Defendant within one year prior to the date of the  within complaint up to the date of the filing of the complaint; (a) the telephone call was  placed to a the consumer's home or similar party seeking payment of a consumer debt by  leaving a message for the Plaintiff; and (b) the Plaintiff asserts that the telephone message  was in violation 15 U.S.C. §§ 1692c(b), 1692d, 1692e, 1692e(10), 1692e(11), and 1692f.   56.  Pursuant to Federal Rule of Civil Procedure 23, a class action is appropriate and preferable  in this case because:  A. Based on the fact that form telephonic communications are at the heart of this  litigation, the class is so numerous that joinder of all members is impracticable.  B. There are questions of law and fact common to the class and these questions  predominate over any questions affecting only individual class members. The  principal question presented by this claim is whether the Defendant violated  the FDCPA.  C. The only individual issue is the identification of the consumers who  communicated with, or received communications from, the Defendant (i.e. the  class members), a matter capable of ministerial determination from the records  of Defendant.  D. The claims of the Plaintiff are typical of those of the class members. All are  based on the same facts and legal theories.  -10-  E. The Plaintiff will fairly and adequately represent the class members’ interests.  The Plaintiff has retained counsel experienced in bringing class actions and  collection-abuse claims. The Plaintiff’s interests are consistent with those of  the members of the class.     57.  A class action is superior for the fair and efficient adjudication of the class members’  claims. Congress specifically envisions class actions as a principal means of enforcing the  FDCPA. 15 U.S.C. § 1692(k). The members of the class are generally unsophisticated  individuals, whose rights will not be vindicated in the absence of a class action.  Prosecution of separate actions by individual members of the classes would create the risk  of inconsistent or varying adjudications resulting in the establishment of inconsistent or  varying standards for the parties and would not be in the interest of judicial economy.   58.  If the facts are discovered to be appropriate, the Plaintiff will seek to certify a class  pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure.   59.  Collection attempts, such as those made by the Defendant are to be evaluated by the  objective standard of the hypothetical “least sophisticated consumer.”  Violations of the Fair Debt Collection Practices Act   60.  The Defendant’s actions as set forth above in the within complaint violates the Fair Debt  Collection Practices Act.   61.  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 his favor and against the Defendant and award damages as follows:  -11-  A. Statutory and actual 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.  62.  Plaintiff re-states, re-alleges, and incorporates herein, all paragraphs in this action, that  reference the Plaintiff being unable to dispute the alleged debt with D&A Services.   63.  That on or about February 19, 2020, the Plaintiff called and spoke to a representative from  D&A Services, LLC.   64.  During the call, the Plaintiff attempted to dispute the debt, yet the Defendant would not  accept the dispute, but rather, instructed the Plaintiff to direct all disputes to the original  creditor directly.   65.  Defendant further demanded a reason for the dispute.   66.  The FDCPA does not require the consumer to provide any reason at all in order to dispute  a debt.     67.  The FDCPA allows the consumer to dispute a debt directly with the debt collector.  Violations of the Fair Debt Collection Practices Act   68.  The Defendant's actions as set forth above in the within complaint violates the Fair Debt  Collection Practices Act.   Violations of the Fair Debt Collection Practices Act brought by Plaintiff on behalf of himself and the  members of a class, as against the Defendant.   Violations of the Fair Debt Collection Practices Act brought by Plaintiff on an individual basis  