23.  Plaintiffs re-state, re-allege, and incorporate herein by reference, paragraphs one (1)  through twenty two (22) as if set forth fully in this cause of action.   24.  This cause of action is brought on behalf of Plaintiffs and the members of a class.   25.  The class consists of all persons whom Defendants' records reflect resided in the State of  New York and who were sent a collection letter in substantially the same form letter as  the letters sent to the Plaintiffs on or about September 15, 2014 and March 19, 2015; and  (a) the collection letters were sent to consumers seeking payment of a personal debt  purportedly owed to Portfolio Recovery Associates, LLC and Midland Funding LLC;  and (b) the collection letters were not returned by the postal service as undelivered; (c)  and the Plaintiffs assert that the letters contained violations of 15 U.S.C. §§ 1692e and  1692e(10) for the use of any false representation or deceptive means to collect or  attempt to collect any debt.    26.  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 collection letters 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  -5-  principal question presented by this claim is whether the Defendants violated  the FDCPA.  C. The only individual issue is the identification of the consumers who received  such collection letters (i.e. the class members), a matter capable of ministerial  determination from the records of Defendants.  D. The claims of the Plaintiffs are typical of those of the class members. All are  based on the same facts and legal theories.  E. The Plaintiffs will fairly and adequately represent the class members’  interests. The Plaintiffs have retained counsel experienced in bringing class  actions and collection-abuse claims. The Plaintiffs’ interests are consistent  with those of the members of the class.     27.  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.   28.  If the facts are discovered to be appropriate, the Plaintiffs will seek to certify a class  pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure.   29.  Collection attempts, such as those made by the Defendants are to be evaluated by the  objective standard of the hypothetical “least sophisticated consumer.”  -6-  Violations of the Fair Debt Collection Practices Act   30.  The Defendants' 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 Plaintiffs on behalf of themselves  and the members of a class, as against the Defendants.  