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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.

_______________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

INJUNCTIVE RELIEF SOUGHT

Plaintiff Marveli Rayo (“Plaintiff”) sues Defendant I.C. System, Inc. and Defendant MD 

Now Medical Centers, Inc. (collectively, the “Defendants”) for violations of 15 U.S.C §1692 et 

seq., the Fair Debt Collection Practices Act (“FDCPA”), and Fla. Stat. § 559.55 et seq., the Florida 

Consumer Collection Practices Act (“FCCPA”).

JURISDICTION AND VENUE

1. Jurisdiction of this Court arises under 15 U.S.C. §1692k(d), 28 U.S.C. § 1331, and 

28 U.S.C. § 1337.

2. Supplemental jurisdiction exists for the claims arising under FCCPA pursuant to

28 U.S.C. §1367.

3. Venue in this District is proper because Plaintiff resides here, Defendants transacts 

business here, and the complained conduct of Defendants occurred here.

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PARTIES

4. Plaintiff is a natural person, and a citizen of the State of Florida, residing in MiamiDade County, Florida.

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

principal place of business located in St. Paul, Minnesota.

6. Defendant-DC engages in interstate commerce by regularly using telephone and 

mail in a business whose principal purpose is the collection of debts.

7. At all times material, Defendant-DC was acting as a debt collector in respect to the 

collection of Plaintiff’s debts. 

8. Defendant MD Now Medical Centers, Inc. (“Defendant-Creditor”) is a Florida 

corporation, with its principal place of business located in West Palm Beach, Florida.

9. At all times material, Defendant-Creditor was the creditor of the debts DefendantDC sought to collect from Plaintiff. 

DEMAND FOR JURY TRIAL

10. Plaintiff, respectfully, demands a trial by jury on all counts and issues so triable.

FACTUAL ALLEGATIONS

11. On or about March 05, 2018, Plaintiff suffered an accident and related injuries in 

the course and scope of Plaintiff’s employment that required medical treatment and/or services 

(the “Work-Injury”).

12. On or about January 15, 2019, Defendant-Creditor provided Plaintiff with a portion 

of the required medical services needed to treat the Work-Injury, whereby the only medical 

services provided to Plaintiff by Defendant-Creditor were for the treatment of the Work-Injury. 

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13. At the time Defendant-Creditor provided its respective medical services to Plaintiff, 

Plaintiff informed Defendant-Creditor that the sought treatment was for the Work-Injury.

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

respective medical services for treatment of the Work-Injury (the “Consumer Debt”). 

15. The Consumer Debt arose from Plaintiff’s work-related accident and injuries.

16. Defendant-Creditor knew that payment of the Consumer Debt was the 

responsibility of Plaintiff’s employer and/or the insurance carrier of Plaintiff’s employer. 

17. Defendant-Creditor knew that payment of the Consumer Debt was not Plaintiff’s 

responsibility. 

18. Defendant-Creditor knew that it did not have any statutory or contractual right to 

attempt to collect the Consumer Debt from Plaintiff. Despite knowing this, however, DefendantCreditor contacted Defendant-DC to collect, or attempt to collect, the Consumer Debt from 

Plaintiff. 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, the likes of 

which affected the reputation of Plaintiff. 

19. For example, Defendant-Creditor disclosed to Defendant-DC (the “Disclosure”), 

among other things: [1] the existence of the Consumer Debt; [2] that the Consumer Debt was owed 

to Defendant-Creditor by Plaintiff; and [3] that Plaintiff did not pay the Consumer Debt and/or 

Plaintiff defaulted on the Consumer Debt. 

20. The Disclosure affected Plaintiff’s reputation. For example, the disclosure affected 

Plaintiff’s reputation regarding the repayment of debts, Plaintiff’s reputation of truthfulness, 

Plaintiff’s reputation of solvency, and Plaintiff’s reputation regarding trustworthiness. 

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21. On a date better known by Defendant-DC, Defendant-DC began attempting to 

collect the Consumer Debt from Plaintiff. 

22. Defendant-DC is a business entity engaged in the business of soliciting consumer 

debts for collection.

23. Defendant-DC is a business entity engaged in the business of collecting consumer 

debts.

24. Defendant-DC regularly collects or attempts to collect, directly or indirectly, debts 

owed or due or asserted to be owed or due another.

25. Defendant-DC is registered with the Florida Office of Financial Regulation as a 

“Consumer Collection Agency.” 

26. Defendant-DC’s “Consumer Collection Agency” license number is CCA0900391. 

27. Defendant-DC maintains all the records specified in Rule 69V-180.080, Florida 

Administrative Code.

28. The records specified by Rule 69V-180.080, Florida Administrative Code, of which 

Defendant-DC does maintain, are current to within one week of the current date. 

29. On a date better known to Defendant-DC, Defendant-DC sent a collection letter, 

internally dated June 20, 2019, to Plaintiff (the “Collection Letter”) in an attempt to collect the 

Consumer Debt. A copy of the Collection Letter is attached hereto as Exhibit “A.” 

30. The Collection Letter is a communication from Defendant-DC to Plaintiff in 

connection with the collection of a debt. 

31. The Collection Letter represents an action to collect a debt by Defendant-DC.

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COUNT I.

VIOLATION OF 15 U.S.C. § 1692e & § 1692e(2)(A)

(against Defendant-DC)

32. Plaintiff incorporates by reference paragraphs 1-31 of this Complaint as though 

fully stated herein.

33. Pursuant to Fla. Stat. § 440.13(2)(a), an injured employee is entitled to “such 

medically necessary remedial treatment, care, and attendance for such period as the nature of the 

injury or the process of the recovery may require....” 

34. 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.” 

35. 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.

36. Section 1692e of the FDCPA prohibits the use of “false, deceptive, or misleading 

representation or means in connection with the collection of any debt.” 15 U.S.C. §1692e. 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).

37. As stated above, Defendant-DC mailed the Collection Letter to Plaintiff in an 

attempt to collect the Consumer Debt. The Collection Letter, however, causes the least 

sophisticated consumer to believe that he or she is otherwise responsible for the repayment of the 

Consumer Debt. Here, Plaintiff is not liable or otherwise responsible for the payment of the 

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medical services rendered by Defendant-Creditor, as such medical services were rendered to 

Plaintiff as a result of a work-related injury sustained by Plaintiff. 

38. As such, by mailing the Collection Letter to Plaintiff in an attempt to collect the 

Consumer Debt, Defendant-DC falsely misrepresented Plaintiff’s obligation with respect to the 

Consumer Debt. For example, by and through the Collection Letter, Defendant-DC wrongfully 

causes the least sophisticated consumer to falsely believe that he or she was responsible for the 

repayment of the Consumer Debt.

39. Thus, Defendant-DC violated § 1692e and § 1692e(2)(A) of the FDCPA by mailing 

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

40. WHEREFORE, Plaintiff, respectfully, requests this Court to enter a judgment 

against Defendant-DC, awarding Plaintiff the following relief: 

(a) Statutory damages as provided by 15 U.S.C. §1692k; 

(b) Costs and reasonable attorneys’ fees pursuant to 15 U.S.C. §1692k; and

(c) Any other relief that this Court deems appropriate under the circumstances.

COUNT II.

VIOLATION OF FLA. STAT. § 559.72(9)

(against Defendant-DC)

41. Plaintiff incorporates by reference paragraphs 1-31 of this Complaint as though 

fully stated herein.

42. Pursuant to Fla. Stat. § 440.13(2)(a), an injured employee is entitled to “such 

medically necessary remedial treatment, care, and attendance for such period as the nature of the 

injury or the process of the recovery may require....” 

43. 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 

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LAW OFFICES OF JIBRAEL S. HINDI, PLLC

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www.JibraelLaw.com

chapter. Such providers have recourse against the employee or carrier for payment for services 

rendered in accordance with this chapter.” 

44. 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.

45. 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 

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).

46. 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. Moreover, 

Defendant-DC knew Defendant-Creditor could not collect or receive a fee from an injured 

employee within the state of Florida except as otherwise explicitly permitted by Florida statute, 

and Defendant-DC knew that 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.

47. 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, in light of the above, Defendant-DC 

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

48. WHEREFORE, Plaintiff, respectfully, requests this Court to enter a judgment 

against Defendant-DC, awarding Plaintiff the following relief: 

(a) Statutory damages as provided under Fla. Stat. §559.77(2); 

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(b) An injunction prohibiting Defendant-DC from engaging in further 

collection activities directed at Plaintiff that are in violation of the FCCPA; 

(c) Costs and reasonable attorneys’ fees pursuant to Fla. Stat. §559.77(2); and 

(d) Any other relief that this Court deems appropriate under the circumstances.

COUNT III.

VIOLATION OF FLA. STAT. § 559.72(5) 

(against Defendant-Creditor)

49. Plaintiff incorporates by reference paragraphs 1-31 of this Complaint as though 

fully stated herein.

50. Pursuant to Fla. Stat. § 440.13(2)(a), an injured employee is entitled to “such 

medically necessary remedial treatment, care, and attendance for such period as the nature of the 

injury or the process of the recovery may require....” 

51. 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.” 

52. 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.

53. Pursuant to § 559.72(5) of the FCCPA, in collecting consumer debts, no person 

shall: “[d]isclose to a person other than the debtor or her or his family information affecting the 

debtor’s reputation, whether or not for credit worthiness, with knowledge or reason to know that 

the other person does not have a legitimate business need for the information or that the 

information is false.” Fla Stat. § 559.72(5) (emphasis added).

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54. 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. As such, Defendant-Creditor knew that it (Defendant-Creditor) could not 

collect or receive a fee from Plaintiff within the state of Florida, and Defendant-Creditor knew that 

an Plaintiff is shielded from liability in any dispute between Plaintiff’s employer (and/or the 

insurance carrier of Plaintiff’s employer) and Defendant-Creditor regarding reimbursement for 

and/or payment of the Consumer Debt.

55. 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. For example, DefendantCreditor disclosed to Defendant-DC: [1] the existence of the Consumer Debt; [2] that the 

Consumer Debt was owed to Defendant-Creditor by Plaintiff; and [3] that Plaintiff did not pay the 

Consumer Debt and/or defaulted on the Consumer Debt. 

56. 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.

57. WHEREFORE, Plaintiff, respectfully, requests this Court to enter a judgment 

against Defendant-Creditor, awarding Plaintiff the following relief: 

(a) Statutory damages as provided under Fla. Stat. §559.77(2); 

(b) An injunction prohibiting Defendant-Creditor from engaging in further 

collection activities directed at Plaintiff that are in violation of the FCCPA; 

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LAW OFFICES OF JIBRAEL S. HINDI, PLLC

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(c) Costs and reasonable attorneys’ fees pursuant to Fla. Stat. §559.77(2); and 

(d) Any other relief that this Court deems appropriate under the circumstances.

DATED: May 12, 2020

Respectfully Submitted,

 /s/ Jibrael S. Hindi .

JIBRAEL S. HINDI, ESQ.

Florida Bar No.: 118259

E-mail: jibrael@jibraellaw.com

THOMAS J. PATTI, ESQ.

Florida Bar No.: 118377

E-mail: tom@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

PAUL A. HERMAN, ESQ.

Florida Bar No.: 405175

E-mail: paul@consumeradvocatelaw.com

CONSUMER ADVOCATES LAW GROUP, PLLC

4801 Linton Blvd., Suite 11A-560

Delray Beach, Florida 33445

Phone: (561) 236-8851

Fax: (561) 431-2352

JOEL A. BROWN, ESQ.

Florida Bar No.: 66575

E-mail: joel.brown@friedmanandbrown.com

FRIEDMAN & BROWN, LLC

3323 NW 55th Street

Fort Lauderdale, Florida 33309

Phone: (954) 966-0111 

COUNSEL FOR PLAINTIFF

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