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LAW OFFICES OF JIBRAEL S. HINDI, PLLC

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www.JibraelLaw.com

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-21993-MGC

MARVELI RAYO,

Plaintiff,

v.

I.C. SYSTEM, INC., and MD NOW 

MEDICAL CENTERS, INC.,

Defendants.

_______________________________________/

STATEMENT OF CLAIM

Plaintiff Marveli Rayo (“Plaintiff”), by and through undersigned counsel, files this 

Statement of Claim, and in support thereof, states the following: 

Pursuant to Fla. Stat. § 440.13(13)(a), “[a] health care provider may not collect or receive 

a fee from an injured employee within this state, except as otherwise provided by this chapter. 

Such providers have recourse against the employee or carrier for payment for services rendered in 

accordance with this chapter.” An employee is shielded from liability in any dispute between the 

employer or carrier and health care provider regarding reimbursement for the employee’s 

authorized medical or psychological treatment. See generally Fla. Stat. § 440.13.

Defendant I.C. System, Inc. (“Defendant-DC”) is a Minnesota corporation, with its 

principal place of business located in St. Paul, Minnesota. Defendant-DC engages in interstate 

commerce by regularly using telephone and mail in a business whose principal purpose is the 

collection of debts. Defendant Accounts Receivable Resources, INC. (“Defendant-DC”) is a 

business entity engaged in the business of soliciting and collecting consumer debts, and Olympia, 

LLP (the “Defendant-Creditor”) is a provider of medical services. On or about August 27, 2018, 

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Plaintiff suffered an accident and related injuries in the course and scope of Plaintiff’s employment 

that required medical treatment and/or services (the “Medical Services”). At the time DefendantCreditor provided and/or rendered its respective Medical Services to Plaintiff, Plaintiff informed 

Defendant-Creditor that the injuries for which Plaintiff required medical services, were due to an 

accident and subsequent injuries that occurred within the course and scope of Plaintiff’s 

employment. Defendant-Creditor charged a fee for the provision of its (Creditor’s) respective 

Medical Services (the “Consumer Debt”), but instead of billing Plaintiff’s employer and/or the 

appropriate insurance carrier, Creditor referred the collection of the Consumer Debt to DefendantDC. Thereafter, Defendant-DC sent a collection letter, internally dated June 20, 2019, to Plaintiff 

(the “Collection Letter”) in an attempt to collect the Consumer Debt. See D.E. 1-4

COUNT I – VIOLATION OF THE FDCPA 1692e(2)(A)

The sixteen subsections of §1692e set forth a non-exhaustive list of practices that fall 

within this ban, including, but not limited to: “[t]he false representation of the character, amount, 

or legal status of any debt.” 15 U.S.C. 1692e(2)(A). (emphasis added). Defendant-DC mailed the 

Collection Letter to Plaintiff in an attempt to collect the Consumer Debt. Here, Plaintiff is not 

liable or otherwise responsible for the payment of the medical services rendered by DefendantCreditor, as such medical services were rendered to Plaintiff as a result of a work-related injury 

sustained by Plaintiff. By mailing the Collection Letter to Plaintiff in an attempt to collect the 

Consumer Debt, Defendant-DC falsely represented the character and amount of the Consumer 

Debt, and in so doing, violated § 1692e(2)(A) of the FDCPA.

COUNT II – VIOLATION OF FLA. STAT. § 559.72(9)

Pursuant to § 559.72(9) of the FCCPA, in collecting consumer debts, no person shall: 

“[c]laim, attempt, or threaten to enforce a debt when such person knows that the debt is not 

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LAW OFFICES OF JIBRAEL S. HINDI, PLLC

110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 

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legitimate, or assert the existence of some other legal right when such person knows that the right 

does not exist.” Fla Stat. § 559.72(9) (emphasis added). Here, Defendant-DC knew that the 

Consumer Debt was the result of an accident and injuries sustained by Plaintiff in the course and 

scope of Plaintiff’s employment. Despite knowing that Defendant-Creditor did not have any 

entitlement or authority to collect the Consumer Debt from Plaintiff directly, Defendant-DC

mailed the Collection Letter to Plaintiff in an attempt to collect the Consumer Debt. Thus, 

Defendant violated § 559.72(9) of the FCCPA by mailing the Collection Letter to Plaintiff.

COUNT III – VIOLATION OF FLA. STAT. § 559.72(5)

As stated above, Defendant-Creditor knew that the services it (Defendant-Creditor) 

rendered to Plaintiff were for an injury and/or harm sustained by Plaintiff in the course and scope 

of Plaintiff’s employment, as such information as relayed to Defendant-Creditor at the time 

Defendant-Creditor provided and/or rendered its (Defendant-Creditor’s) respective Medical 

Services to Plaintiff. Despite knowing that it (Defendant-Creditor) did not have any statutory right 

or contractual authority to collect the Consumer Debt from Plaintiff, Defendant-Creditor, 

nevertheless, referred the collection of the Consumer Debt to Defendant-DC. In so doing, 

Defendant-Creditor disclosed to Defendant-DC false information about Plaintiff and/or 

information that Defendant-DC had no legitimate business need for. Thus, in light of the above, 

Defendant-Creditor violated § 559.72(5) of the FCCPA by referring the collection of the Consumer 

Debt to Defendant-DC for collection.

DATED: July 24, 2020

Respectfully Submitted,

 /s/ Jibrael S. Hindi .

JIBRAEL S. HINDI, ESQ.

Florida Bar No.: 118259

E-mail: jibrael@jibraellaw.com

Case 1:20-cv-21993-MGC Document 21 Entered on FLSD Docket 07/24/2020 Page 3 of 4
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC

110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 

www.JibraelLaw.com

The Law Offices of Jibrael S. Hindi

110 SE 6th Street, Suite 1744

Fort Lauderdale, Florida 33301

Phone: 954-907-1136

Fax: 855-529-9540

CERTIFICATE OF SERVICE

The undersigned certifies that on July 24, 2020, the forgoing was served on the below 

Defendants in the manner stated therein: 

Joseph Charles Proulx, Esq.

Golden Scaz Gagain

201 North Armenia Avenue

Tampa, FL 33609

813-251-5500

Email: jproulx@gsgfirm.com

Counsel for I.C. System, Inc.

Served via E-mail

Randy Mark Goldberg, Esq.

1101 SW 71st Avenue

Plantation, FL 33317

United Sta

754-224-0867

Fax: 954-5076741

Email: rmgesq@comcast.net

Counsel for MD Now Medical Centers, Inc.

Served via E-mail

/s/ Jibrael S. Hindi .

JIBRAEL S. HINDI, ESQ.

Florida Bar No.: 118259

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