IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-21993

MARVELI RAYO,

Plaintiff,

v. 

I.C. SYSTEM, INC. and 

MD NOW MEDICAL CENTERS, INC., 

Defendants.

_____________________________________/

DEFENDANT I.C. SYSTEM, INC.’S ANSWER AND 

AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT

COMES NOW, Defendant, I.C. SYSTEM, INC., and files this Answer and Affirmative 

Defenses to the Plaintiff’s Complaint and states:

JURISDICTION AND VENUE

1. Admitted for jurisdictional purposes only, otherwise, denied.

2. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

3. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

PARTIES

4. Defendant is without sufficient information to form an opinion regarding the

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

5. Defendant admits it is a Minnesota corporation with a principal place of business 

located in St. Paul, Minnesota. 

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6. Admitted that Defendant is in the business of collecting financial obligations and 

that it uses the telephone and mail in that regard. Otherwise, Defendant is without sufficient 

information to form an opinion regarding the veracity of the allegations in this paragraph of 

Plaintiff’s Complaint.

7. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

8. This paragraph of Plaintiff’s Complaint is not directed at Defendant, therefore, no 

response is required. To the extent a response is required, however, Defendant is without 

sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

9. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

DEMAND FOR JURY TRIAL

10. Defendant admits Plaintiff demand a trial by jury on all counts and issues so 

triable. 

FACTUAL ALLEGATIONS

11. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

12. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

13. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

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14. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

15. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

16. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

17. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

18. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

19. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

20. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

21. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

22. Admitted that Defendant is in the business of collecting financial obligations.

Otherwise, Defendant is without sufficient information to form an opinion regarding the veracity 

of the allegations in this paragraph of Plaintiff’s Complaint.

23. Admitted that Defendant is in the business of collecting financial obligations.

Otherwise, Defendant is without sufficient information to form an opinion regarding the veracity 

of the allegations in this paragraph of Plaintiff’s Complaint.

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24. Admitted that Defendant is in the business of collecting financial obligations

owed or due or asserted to be owed or due to another. Otherwise, Defendant is without sufficient 

information to form an opinion regarding the veracity of the allegations in this paragraph of 

Plaintiff’s Complaint.

25. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

26. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

27. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

28. Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

29. Admitted to the extent “Exhibit A” attached to Plaintiff’s Complaint speaks for 

itself. Otherwise, Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

30. Admitted to the extent “Exhibit A” attached to Plaintiff’s Complaint speaks for 

itself. Otherwise, Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

31. Admitted to the extent “Exhibit A” attached to Plaintiff’s Complaint speaks for 

itself. Otherwise, Defendant is without sufficient information to form an opinion regarding the 

veracity of the allegations in this paragraph of Plaintiff’s Complaint.

COUNT I – 15 U.S.C. § 1692e and 1692e(2)(A) (against I.C. System, Inc.)

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32. Defendant incorporates and re-asserts its responses to paragraphs 1-31 as if fully 

re-stated herein. 

33. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

34. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

35. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

36. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

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and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

37. Denied.

38. Denied.

39. Denied.

40. Denied.

COUNT II – FLA. STAT. § 559.72(9) (against I.C. System, Inc.)

41. Defendant incorporates and re-asserts its responses to paragraphs 1-31 as if fully 

re-stated herein.

42. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

43. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

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44. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

45. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

46. Denied.

47. Denied.

48. Denied.

COUNT III – FLA. STAT. § 559.72(5) (against MD Now)

49. Defendant incorporates and re-asserts its responses to paragraphs 1-31 as if fully 

re-stated herein.

50. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

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without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

51. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

52. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

53. This paragraph fails to comply with Rule 8(a)(2) as it does not contain “a short 

and plain statement of the claim showing that the pleader is entitled to relief.” Id. As such, the 

inclusion of this paragraph is not relevant to Plaintiff’s particularized claim against Defendant,

and Defendant is not required to respond. To the extent a response is required, Defendant is 

without sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

54. This paragraph of Plaintiff’s Complaint is not directed at Defendant, therefore, no 

response is required. To the extent a response is required, however, Defendant is without 

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sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

55. This paragraph of Plaintiff’s Complaint is not directed at Defendant, therefore, no 

response is required. To the extent a response is required, however, Defendant is without 

sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

56. This paragraph of Plaintiff’s Complaint is not directed at Defendant, therefore, no 

response is required. To the extent a response is required, however, Defendant is without 

sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

57. This paragraph of Plaintiff’s Complaint is not directed at Defendant, therefore, no 

response is required. To the extent a response is required, however, Defendant is without 

sufficient information to form an opinion regarding the veracity of the allegations in this 

paragraph of Plaintiff’s Complaint.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

Defendant asserts that if it is assumed, arguendo, that Defendant violated a statute as 

alleged in Plaintiff’s Complaint, which presupposition Defendant denies, such violation was not 

negligent or intentional, and resulted from a bona fide error, notwithstanding the maintenance of 

procedures reasonably adapted to avoid any such error.

SECOND AFFIRMATIVE DEFENSE

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Defendant asserts, without admitting any liability whatsoever, that Plaintiff’s claims may 

be barred in whole or in part by the applicable statute of limitations found in the FDCPA and/or 

the FCCPA.

DEMAND FOR A JURY TRIAL

Defendant demands a trial by jury of all issues so triable.

WHEREFORE, Defendant, respectfully requests this Court to DISMISS Plaintiff’s 

claims with prejudice and for any such other relief as this court deems just and proper.

Respectfully submitted by:

 /s/ Joseph c. Proulx

JOSEPH C. PROULX, ESQ.

Florida Bar No.: 0056830

DALE T. GOLDEN, ESQ.

Florida Bar No.: 0094080

GOLDEN SCAZ GAGAIN, PLLC

201 North Armenia Avenue 

Tampa, Florida 33609-2303

Phone: (813) 251-5500

Fax: (813) 251-3675

jproulx@gsgfirm.com

dgolden@gsgfirm.com

Counsel for Defendant, I. C. System, Inc.

CERTIFICATE OF SERVICE

I hereby certify that on June 8, 2020, I electronically filed the foregoing with the Clerk of 

the Court using the CM/ECF. I also certify that the foregoing document is being served this day 

on all counsel either via transmission of Notices of Electronic Filing generated by CM/ECF or in 

some other authorized manner for those counsel or parties who are not authorized to receive 

electronically Notices of Electronic Filing:

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 /s/ Joseph c. Proulx

JOSEPH C. PROULX, ESQ.

Florida Bar No.: 0056830

DALE T. GOLDEN, ESQ.

Florida Bar No.: 0094080

GOLDEN SCAZ GAGAIN, PLLC

201 North Armenia Avenue 

Tampa, Florida 33609-2303

Phone: (813) 251-5500

Fax: (813) 251-3675

jproulx@gsgfirm.com

dgolden@gsgfirm.com

Counsel for Defendant, I. C. System, Inc.

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