UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

JORGE CONCEPCION,

 Plaintiff,

v.

FROST-ARNETT COMPANY, and 

SHERIDAN HEALTHCORP, INC.,

 Defendants.

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CASE NO. 0:20-cv-61087

DEFENDANT FROST-ARNETT COMPANY’S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendant FROST-ARNETT COMPANY (“FAC”), by and through its 

undersigned counsel, and files its Answer to Plaintiff’s Complaint as follows:

JURISDICTION AND VENUE

1. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 1; therefore, it denies the same.

2. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 2; therefore, it denies the same.

3. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 3; therefore, it denies the same.

PARTIES

4. FAC admits that Plaintiff is a natural person. FAC lacks knowledge or information 

sufficient to form a belief about the truth of the remainder of Paragraph 4; therefore, it denies the 

same.

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5. FAC admits Paragraph 5.

6. FAC admits that it, at times, acts as a “debt collector” as defined by the FDCPA 

and FCCPA. However, FAC lacks knowledge or information sufficient to form a belief as to 

whether it acted as a “debt collector” as defined by the FDCPA and FCCPA in this matter and 

therefore denies Paragraph 6.

7. FAC admits that it, at times, acts as a “debt collector” as defined by the FDCPA 

and FCCPA. However, FAC lacks knowledge or information sufficient to form a belief as to 

whether it acted as a “debt collector” as defined by the FDCPA and FCCPA in this matter and 

therefore denies Paragraph 7.

8. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 8; therefore, it denies the same.

9. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 9; therefore, it denies the same.

DEMAND FOR TRIAL

10. FAC admits that Plaintiff request a jury trial.

FACTUAL ALLEGATIONS

11. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 11; therefore, it denies the same.

12. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 12; therefore, it denies the same.

13. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 13; therefore, it denies the same.

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14. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 14; therefore, it denies the same.

15. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 15; therefore, it denies the same.

16. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 16; therefore, it denies the same.

17. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 17; therefore, it denies the same.

18. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 18; therefore, it denies the same.

19. FAC admits Paragraph 19.

20. FAC denies Paragraph 20.

21. FAC admits Paragraph 21.

22. FAC admits that it, at times, acts as a “debt collector” as defined by the FDCPA 

and FCCPA. However, FAC lacks knowledge or information sufficient to form a belief as to 

whether it acted as a “debt collector” as defined by the FDCPA and FCCPA in this matter and 

therefore denies Paragraph 22.

23. FAC admits that it, at times, acts as a “debt collector” as defined by the FDCPA 

and FCCPA. However, FAC lacks knowledge or information sufficient to form a belief as to 

whether it acted as a “debt collector” as defined by the FDCPA and FCCPA in this matter and 

therefore denies Paragraph 23.

24. FAC admits that it, at times, acts as a “debt collector” as defined by the FDCPA 

and FCCPA. However, FAC lacks knowledge or information sufficient to form a belief as to 

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whether it acted as a “debt collector” as defined by the FDCPA and FCCPA in this matter and 

therefore denies Paragraph 24.

25. FAC admits Paragraph 25.

26. FAC admits Paragraph 26.

27. FAC admits Paragraph 27.

28. FAC admits Paragraph 28.

29. FAC asserts that the letter at issue is attached to the Complaint and therefore can 

speak for itself.

30. FAC asserts that Paragraph 30 consists of a conclusion of law to which no response 

is required.

31. FAC asserts that Paragraph 31 consists of a conclusion of law to which no response 

is required.

COUNT I

32. FAC incorporates by reference the above responses.

33. FAC denies Paragraph 33 as it is not a complete or accurate statement of law.

34. FAC denies Paragraph 34 as it is not a complete or accurate statement of law.

35. FAC denies Paragraph 35 as it is not a complete or accurate statement of law.

36. FAC denies Paragraph 36 as it is not a complete or accurate statement of law.

37. FAC denies Paragraph 37.

38. FAC denies Paragraph 38.

39. FAC denies Paragraph 39.

40. FAC denies that Plaintiff is entitled to any of the relief sought.

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COUNT II

41. FAC incorporates by reference the above responses.

42. FAC denies Paragraph 42 as it is not a complete or accurate statement of law.

43. FAC denies Paragraph 43 as it is not a complete or accurate statement of law.

44. FAC denies Paragraph 44 as it is not a complete or accurate statement of law.

45. FAC denies Paragraph 45 as it is not a complete or accurate statement of law.

46. FAC denies Paragraph 46.

47. FAC denies Paragraph 47.

48. FAC denies that Plaintiff is entitled to any of the relief sought.

COUNT III

49. FAC incorporates by reference the above responses.

50. FAC denies Paragraph 50 as it is not a complete or accurate statement of law.

51. FAC denies Paragraph 51 as it is not a complete or accurate statement of law.

52. FAC denies Paragraph 52 as it is not a complete or accurate statement of law.

53. FAC denies Paragraph 53 as it is not a complete or accurate statement of law.

54. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 54; therefore, it denies the same.

55. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 55; therefore, it denies the same.

56. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 56; therefore, it denies the same.

57. FAC lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 57; therefore, it denies the same.

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AFFIRMATIVE DEFENSES

58. Defendant asserts that if it is assumed that Defendant violated a statute as alleged 

in Plaintiff’s Complaint, an assumption which 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. More specifically, Defendant has procedures in place 

designed to ensure it is not attempting to collect financial obligations subject to workers’ 

compensation, including but not limited to, a policy to review all information provided by its 

client(s) to determine whether workers’ compensation is involved in the financial obligation, a 

policy not to accept any account for collection which a client indicates that workers’ compensation 

is associated with the account in any way, a policy to have an agreement with its client(s) pursuant 

to which the client agrees to refer only valid, due, and owing financial obligations, and providing 

training and supervision to its employees regarding workers’ compensation.

59. Plaintiff’s damages, if any, are the result of the actions of third parties over whom 

FAC has no control.

60. Plaintiff’s damages, if any, were pre-existing damages not caused by FAC.

61. Plaintiff has failed to mitigate damages, if any.

62. Plaintiff proximately caused her own damages, if any.

63. Plaintiff has failed to state a claim against FAC upon which relief can be granted.

64. Plaintiff has not suffered a concrete, injury-in-fact.

WHEREFORE, PREMISES CONSIDERED, FAC respectfully prays that Plaintiff take 

nothing herein, that FAC be dismissed with their costs, and all other and further relief, at law or in 

equity, to which FAC may be justly entitled. 

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Respectfully submitted by:

 /s/ Dale T. Golden

DALE T. GOLDEN, ESQ.

Florida Bar No.: 0094080

 /s/ Joseph C. Proulx

JOSEPH C. PROULX, ESQ.

Florida Bar No.: 0056830

GOLDEN SCAZ GAGAIN, PLLC

201 North Armenia Avenue 

Tampa, Florida 33609-2303

Phone: (813) 251-5500

Fax: (813) 251-3675

dgolden@gsgfirm.com

jproulx@gsgfirm.com 

Counsel for Defendant

COUNSEL FOR DEFENDANT

CERTIFICATE OF SERVICE 

I hereby certify that on July 2, 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.

By /s/ Joseph C. Proulx

JOSEPH C. PROULX, ESQ.

Florida Bar No.: 0056830

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