10. Plaintiff brings claims, pursuant to the Federal Rules of Civil Procedure (hereinafter  “FRCP”) Rule 23, individually and on behalf of the following consumer class (the  “Class”):  • All New York consumers who received a collection letter from Defendant  attempting to collect an obligation owed to or allegedly owed to Bank Of  America, N.A., that  contains  the alleged  violations  arising from   Defendant's  violation  of  15 U.S.C. §1692e, et seq.  • The Class period begins one year to the filing of this Action.   12. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “11” herein with the same force and effect as if the same were set  forth at length herein.   13. 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.   15. On or about July 14, 2016, Defendant sent Plaintiff a collection letter.  See Exhibit A.   16. The 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).   17. The letter is a “communication” as defined by 15 U.S.C. §1692a(2).   18. Said July 14, 2016 Collection Letter provided that the alleged amount due was $3, 002.16   19. Said July 14, 2016 Collection Letter was the first letter sent out by Defendants.   20. Said July 14, 2016 Collection Letter Stated:   “Unless you notify this office within 30 days after receiving this notice that you dispute the  validity of the debt or any portion thereof, this office will assume this debt is valid. If you  notify this office in writing within the thirty day period that the debt, or any portion thereof,  is disputed, this office will: obtain verification of the debt or obtain a copy of a judgment  and mail you a copy of such judgment or verification. If you request this office in writing  within 30 days after receiving this notice, this office will provide you the name and address  of the original creditor, if different from the current creditor.”   21. Said October 13, 2015 Collection Letter further stated:  “The above creditor has turned over to us for collection your account in the sum of  $3,002.16. The balance owed may increase due to fees, but no further interest will be  accrued.”   22. Defendant was attempting to collect on Plaintiff’s purportedly overdue Bank of  America, N.A. balance.   23. Upon information and belief, Plaintiff’s alleged account with Bank of America, N.A. was  charged-off and is not subject to change, and will never increase due to any terms of the  original agreement.   24. Upon information and belief, the amount due and collected by Defendant will never  change due to interest, late charges or any other “fees” or charges.   26. Upon information and belief, Defendant has no legal or contractual right to change the  amount that Plaintiff allegedly owes to the Creditor.   27. Defendants 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, Defendants 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.   First Count  15 U.S.C. §1692g  Validation of Debts   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. 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.    31. The written notice must contain the amount of the debt.    32. The written notice must contain the name of the creditor to whom the debt is owed.    34. The written notice must contain a statement that if the consumer notifies the debt collector  in writing within the 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 mailed to the consumer by the  debt collector.    35. The written notice must contain 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. A debt collector has the obligation, not just to convey the required information, but also to  convey such clearly.    37. A debt collector has the obligation, not just to convey the required information, but also to  convey such effectively.    38. A debt collector has the obligation, not just to convey the required information, but also to  convey such clearly, so that the least sophisticated consumer will not be uncertain as to his  rights.   39. A debt collector has the obligation, not just to convey the required information, but also to  convey such effectively, so that the least sophisticated consumer will not be uncertain as to  his rights.   40. On or around July 14, 2016, Defendant mailed an initial demand letter to Plaintiff which  asserted that the account balance of $3,002.16 was allegedly due and owing.   42. That language overshadows the validation requirement by implying that if immediate  payment is not made the amount owed will be greater.     43. That language overshadows the validation requirement by indicating to the least  sophisticated consumer that immediate payment is necessary.   44. Defendant has failed to adequately set forth the language required by 15 U.S.C. § 1692g.   45. Defendant has failed to clearly set forth the language required by 15 U.S.C. § 1692g.   46. Defendant’s conduct would likely make the least sophisticated consumer uncertain as to his  rights.    47. Defendant’s conduct would likely make the least sophisticated consumer confused as to his  rights.    48. Defendant has violated §1692g as the above-referenced language overshadows the  information required to be provided by that Section.   Second Count  15 U.S.C. §1692e et seq.  False or Misleading Representations    49. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “48” herein with the same force and effect as if the same were set  forth at length herein.   50. 15 U.S.C. § 1692e prohibits a debt collector from using any false, deceptive, or misleading  representation or means in connection with the collection of any debt.   52. Collection notices are deceptive if they can be reasonably read to have two or more  different meanings, one of which is inaccurate.   53. The question of whether a collection letter is deceptive is determined from the perspective  of the “least sophisticated consumer.”   54. Because the collection letter in the instant case was reasonably susceptible to an inaccurate  reading, as described above, it is deceptive within the meaning of the FDCPA.   55. The least sophisticated consumer would likely be deceived by Defendant's conduct.   56. The least sophisticated consumer would likely be deceived in a material way by  Defendant's conduct.   57. Defendant has violated § 1692e by using a false, deceptive and misleading representation  in its attempt to collect a debt.  Third Count  15 U.S.C. §1692e et seq.  False or Misleading Representations as to Status of Debt   58. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “57” herein with the same force and effect as if the same were set  forth at length herein.   59. Defendant’s debt collection efforts attempted and/or directed towards Plaintiff violated  various provisions of the FDCPA, including but not limited to 15 U.S.C. § 1692e.   60. 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.   62. 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.  Fourth Count  15 U.S.C. §1692g et  seq.  Validation of Debts   63. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs  numbered “1” through “62” herein with the same force and effect as if the same were  set forth at length herein.   64. 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 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.   66. As a result of Defendant’s action, Plaintiff and the least sophisticated consumer could  reasonably conclude that she must pay the balance stated in the letter immediately or  possibly owe a larger amount, thus leaving her uncertain as to her rights.   67. Furthermore, as a result of Defendant’s action, Plaintiff and the least sophisticated  consumer would  not  know the exact  amount  due and owing,  as  required by 15 USC  §1692g(a)(1), where the Collection Letter falsely stated that the amount due may be  greater than the amount actually stated on the Collection Letter. 