1. At all times relevant herein the Plaintiff is a resident of the State of New York and the County of XXXXXXX, residing at XXXXXXXXX XX., XXXXXXXXXX, NY XXXXX. Plaintiff's Social Security No. is XXX-XX-XXXX.

2. Upon information and belief, at all times relevant herein, the defendant, LJ Ross and Associates, is and was a collection agency organized and existing in accordance with the laws of the State of Michigan, with its principal place of business located at 6360 Jackson Road, Suite G, Ann Arbor, MI 48103.

3. The FDCPA establishes federal jurisdiction for the Plaintiff's cause of action pursuant to 15 U.S.C. §§ 1692 et seq. The Plaintiff's first cause of action is pursuant to Section 809(a) of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692g(a) Defendant failed to provide "notice of debt". The Plaintiff's second cause of action is pursuant to Section 809(b) of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692g(b). Defendant failed to provide requested verification and did not cease collection of the alleged debt. The Plaintiff's third cause of action is pursuant to Section 813(a) of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692k(a) which states that any debt collector who fails to comply with any provision of 15 U.S.C. §§

4. In December, 2001, Plaintiff reviewed her consumer report as maintained by Experian and noticed a debt she did not recognize was being reported by the Defendant, LJ Ross and Associates. The Plaintiff had never received any type of communication from or by the Defendant in regards to this alleged debt and Plaintiff had no knowledge of this debt. Plaintiff contends that the reporting of this alleged debt to Experian by the Defendant violated the FDCPA under § 809. Validation of debts [15 USC 1692g] Paragraph (a) which states:

(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;

Section 803(2) of the FDCPA, 15 U.S.C. §§ 1692a(2), defines the term "communication" as "the conveying of information regarding a debt directly or indirectly to any person through any medium."

The Defendant's first communication was when Plaintiff became aware that this alleged debt was being reported by Experian and therefore she was not notified in this initial communication or within five days of same, of her rights under the FDCPA.

5. On or about December 28, 2001, Plaintiff disputed this alleged debt and requested an investigation by Experian.

6. On or about January 3, 2002, the Plaintiff also sent a letter to the Defendant, LJ Ross and Associates via First Class Mail stating that she had no knowledge of this alleged debt and further requesting validation of this debt under the rights afforded her under the Federal Fair

7. Defendant, LJ Ross and Associates did not respond to Plaintiff's request for validation of the debt, but rather verified this invalidated account as accurate to Experian as reported in Experian's investigation results dated January 24, 2002. (See attached Exhibit "B"). Plaintiff contends that this is a violation of the FDPCA as the Defendant knew that the Plaintiff disputed this information and yet continued collection activity without providing validation of this alleged debt.

§ 809. Validation of debts [15 USC 1692g] Paragraph (b) states: (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (s) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained.

Plaintiff contends that the reporting of an account by the Defendant is a standard method of collection used by the Defendant which they acknowledge on their website (http://www.ljross.com) where they state:

"Listing on the credit report is a good passive way to collect debts. The debt just sits there until the debtor requires credit, then gotcha! Court judgments are entered into the credit histories also, and these can carry interest. Again, and let us give fair warning, do not get "derogatives" on your credit report."

(Exhibit "C")

In an FDCPA Federal Trade Commission Staff Opinion Letter dated December 23, 1997, (LeFevre-Cass), this issue was addressed and stated: