10. Defendant sent EXHIBIT A to Plaintiff in an attempt to collect from her a debt arising from one or more transactions the subject of which were the purchase of personal or household goods and services; a debt within the meaning of l5 U.S.C. g 1692a(5). I https://www.nationalrecovery.com/ 2  11. language: Consistent with l5 U.S.C. S 1692g(a), EXHIBIT A contained the following Unless you notifr this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notif, this office in writing within 30 days from receiving this notice that you dispute the debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of the judgment and mail you a copy of such j udgment or verification. If you request of this oflice in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.  12. On August 22,2013, pursuant to the notice conveyed in EXHIBIT A, Plaintiff communicated to Defendant a timely dispute as to the validity of the debt, requesting therein, verification of the disputed debts and the name and address of the original creditor.  13. A true and accurate copy of Plaintiffs August 22,2013, dispute letter is attached hereto and further referenced in this Complaint as EXHIBIT B.  14. PlaintifPs dispute and request for verification clearly and unequivocally disputed the debt pursuant to l5 U.S.C. g 1692g(b) and the language contained in EXHIBIT A.  15. Pursuant to 15 U.S.C. $ 1692g(b), a debt collector, upon receipt of a timely written dispute, must cease all collection activity until such time as the debt collector obtains verification ofthe debt or a copy of a judgment, or the name and address ofthe original creditor, and a copy of such verification or judgment, or niune and address of the original creditor, is mailed to the consumer by the debt collector. Guerrero v. MM Acquisitions LLC,4gg F.3d 926 (9th Cir. 2007); see also Diqz v. Residential Credil Solutions, 1nc., No. l2-CV_37g1 (ADSXETB) (E.D.N.Y. Apr. 29, 20 t3). J 15 U.S.C. S 168l - The Fair Credit Reporting Act (FCRA)  16. The purpose of the FCRA is to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. 15 U.S.C. $ 1681(b). 17 .  Consistent with its purpose, the FCRA allows consumers to direct disputes directly the credit report information furnishers. 15 U.S.C. g 1681s-2(a)(8).  18. Unlike the FDCPA, the FCRA requires a consumer who seeks to dispute the accuracy of information (reported to a credit reporting agency) shall provide a dispute notice directly to such person at the address specified by the person for such notices that - (i) identifies the specific information that is being disputed; (ii) explains the basis for the dispute; and (iii) includes all supporting documentation required by the furnisher to substantiate the basis ofthe dispute. 1s U.S.C. $ l68ls-2(8)(E).  19. If the consumer fails to identiff the specific information that is being disputed, or fails to explain the basis for the dispute, the information fumisher is relieved of any duty to investigate the completeness or accuracy of information. See Palouian v. FIA Card Services, No. 13-CV-0293 (8.D. Pa. Apr. 29, 2013). 4 National Recovery Agency's Violations of lhe Fair Debt Collection practices Act  20. In response to Plaintiffs timely dispute pursuant to 15 U.S.C. g 1692g(b), NRS replied on August 27 ,2013 by sending a form letter containing the following paragraph: Our offices are in receipt of your letter of dispute parsa anl to lS U.S.C. S 1681 s-2 of lhe Fair Credit Reporting Act. please be advised we havi reviewed your dispute and find the dispute lacking of any facts or information which would allow us to conduct an investigation. Because your dispute alleges no specific information to form the basis for an investigation, we are unable to investigate the dispute pursuant to 15 U.S.C. $ 1691s-2(a)(8)(F)(i) of the FCRA. (emphasis added)  21. Defendant's August 27, 2014 letter went on to advise that, "your payment should be made directly to this office for prompt credit to this account," and went on to state, ..The purpose of this communication is to collect a debt and any information will be used for that purpose."  22. A true and accurate copy of plaintifls August 27, 20r 3 collection letter is attached hereto and further referenced in this Complaint as EXHIBIT C.  23. EXHIBIT c establishes that NRS "reviewed" plaintifls dispute and therefore knew that Plaintiffs dispute was made pursuant to 15 u.S.c. g 1692g(b), and not 15 u.s.c. $ l68l s-2.  24. The contents of both EXHIBIT A and EXHIBIT c establish that NRS has knowledge of and is familiar with its responsibilities under both the FDCpA and the FCRA. NRS falsely conveys to consumers that a dispute made under 15 u.s.c. $ 1692g(b) is insufficient unless it contains the information required by 15 U.S.c. $ r6g1s-2(g)(E). 5  25. EXHIBIT C, in addition to being an intentionally false, deceptive and misleading representation of Plaintiff s rights, is a communication made in connection with the collection of a debt. 26. This action is brought as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. Plaintiffbrings this action on behalf of herself and on behalfofall other persons similarly situated. 27 .  Upon information and belief, EXHIBIT C is a form letter, regularly and systematically sent to any consumer who communicates a timely dispute to the Defendant, pursuant to l5 U.S.C. $ 1692g(b).  28. This claim is therefore brought on behalf of: (a) all natural persons in the State of New York; (b) to whom Defendant sent a written communication containing language materially similar to that in EXHIBIT C; (c) subsequent to a request for validation pursuant to the FDCPA; (d) which was not retumed as undelivered by the United States Postal Service; (e) during the one year immediately preceding the filing ofthis complaint and ending 2l days thereafter.  29. Plaintiff is informed and believes that there are more than fifty (50) such natural persons to whom Defendant sent a letters materially similar to EXHIBIT C, under the circumstances described herein.  30. The identities ofall class members are readily ascertainable from the Defendant's own records and other records within the Defendant's care, custody, or control. 6  31. Excluded from the Class is the Defendant and all officers, members, partners, managers, director, and employees of the Defendant and their respective families, and legal counsel for all parties to this action and all members of their immediate families  32. There are questions of law and fact common to the Class, which common issues predominate over any issues involving only individual class members. The principal issue is whether the Defendant's communications, those materially similar to the form attached as EXHIBIT C, violate the FDCPA as enumerated herein.  33. The Plaintiffs claims are typical of the class members, as all are based upon the same facts and legal theories.  34. A class action is superior to other altemative methods of adjudicating this dispute. Individual cases are not economically feasible. The nature of the wrong depends on the whether the letter at issue constih.rtes continued collection activity in the face of a timely dispute.  35. The Plaintiff will fairly and adequately protect the interests of the Class defined herein. The Plaintiff has retained counsel with experience in handling consumer lawsuits, complex legal issues, and class actions, and neither the Plaintiff nor her attomey have any interests which might cause them not to vigorously pursue this action.  36. The named Plaintiff, Jeanette Zirogiannis, should be named a class representative and her counsel, Abraham Kleinman, should be appointed class counsel. 38. Under $ 1692e and e(10) may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.  39. EXHIBIT C falsely, deceptively and misleadingly characterizes the consumer's FDCPA dispute as a FCRA dispute then falsely, deceptively and misleadingly informs her that her dispute is therefore invalid.  40. EXHIBIT C instructs the consumer to make a payment, and is therefore a communication made in connection with the collection of a debt.  41. 15 U.S.C. $ 1692k(a) provides that a debt collector who fails to comply with any provision of the FDCPA with respect to any person is liable to such person for up to $1000 in statutory damages, the costs of the action, together with a reasonable attomey's fee as determined by the court, and; in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph $ 1692k(aX2XA), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of$500,000 or 1 per centum ofthe net worth of the debt collector. WHEREFORE, Plaintiff requests that this Court enter judgment in favor of the Plaintiff and against Defendant for: a.  Statutory damages pursuant to 15 U.S.C. $ 1692k; b.  Attorney's fees and costs ofbringing this action; c.  Such other or further reliefas the Court deems proper. 8.  On or about Jrur,e 27,2013, Defendant sent, or caused to be sent through the mail a debt collection letter addressed to Plaintiff at her residence in Babylon, New York. Plaintiff received the letter a reasonable time thereafter.  9.  A true and accurate copy of Defendant's June 27,2013 collection letter is attached hereto and further referenced in this Complaint as EXHIBIT A.  The Defendant Violated l5 U.S.C. $ 1692e and e(l0) 37 .  Plaintiff incorporates all of the foregoing allegations of this complaint, as if fully set forth herein. 7  crediEor  Accowrt # NATIONAIJ GRID I.ONG ISI,AND 7O7L08O622