PAGE | 1 of 7

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

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 9:20-cv-80887

MYRIELLE JACOB,

Plaintiff,

v.

PENN CREDIT CORPORATION,

Defendants.

_______________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

INJUNCTIVE RELIEF SOUGHT

Plaintiff Myrielle Jacob (“Plaintiff”) sues Defendant Penn Credit Corporation, 

(“Defendant”) 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, Defendant transacts 

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

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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

PARTIES

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

Palm County, Florida.

5. Defendant is a Pennsylvania corporation, with its principal place of business 

located in Harrisburg, Pennsylvania.

6. Defendant 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 was acting as a debt collector in respect to the 

collection of Plaintiff’s debts. 

DEMAND FOR JURY TRIAL

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

FACTUAL ALLEGATIONS

9. On or about September 4, 2018, Plaintiff suffered an accident and related injuries 

in the course and scope of Plaintiff’s employment that required medical treatment. Due to the 

nature of the injury, Plaintiff needed an ambulance to take Plaintiff to the emergency room from 

Plaintiff’s place of work, of which was provided by Emergency Medical Services (the “EMS”). 

10. The EMS charged Plaintiff a fee for the emergency transportation provided on 

September 4, 2018 (the “Consumer Debt”). 

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

12. On a date better known by Defendant, Defendant began attempting to collect the 

Consumer Debt from Plaintiff. 

13. Defendant is a business entity engaged in the business of soliciting consumer debts 

for collection.

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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

14. Defendant is a business entity engaged in the business of collecting consumer debts.

15. Defendant regularly collects or attempts to collect, directly or indirectly, debts 

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

16. Defendant is registered with the Florida Office of Financial Regulation as a 

“Consumer Collection Agency.” 

17. Defendant’s “Consumer Collection Agency” license number is CCA0900232. 

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

Administrative Code.

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

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

20. On a date better known to Defendant, Defendant sent a collection letter, internally 

dated October 19, 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.” 

21. The Collection Letter is a communication from Defendant to Plaintiff in connection 

with the collection of a debt. 

22. The Collection Letter represents an action to collect a debt by Defendant.

COUNT I.

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

23. Plaintiff incorporates by reference paragraphs 1-22 of this Complaint as though 

fully stated herein.

24. 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....” 

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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

25. 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.” 

26. 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.

27. 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).

28. As stated above, Defendant 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 medical services 

rendered by the EMS, as such medical services were rendered to Plaintiff as a result of a workrelated injury sustained by Plaintiff. 

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

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

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

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

of the Consumer Debt.

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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

30. Thus, in light of the above, Defendant violated § 1692e and § 1692e(2)(A) of the 

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

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

against Defendant, 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)

32. Plaintiff incorporates by reference paragraphs 1-22 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. 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 

www.JibraelLaw.com

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).

37. Here, Defendant 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 knew the EMS 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 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.

38. Despite knowing that the EMS did not have any entitlement or authority to collect 

the Consumer Debt from Plaintiff directly, Defendant mailed the Collection Letter to Plaintiff in 

an attempt to collect the Consumer Debt. Thus, in light of the above, Defendant violated § 

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

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

against Defendant, awarding Plaintiff the following relief: 

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

(b) An injunction prohibiting Defendant 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.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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PAGE | 7 of 7

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

DATED: June 2, 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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