13913-001/00864359_1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA REIMA A. RABIONET, individually and on behalf of all others similarly situated, CLASS ACTION Plaintiff, JURY TRIAL DEMANDED v. MANAGED CARE OF NORTH AMERICA, INC., d/b/a MCNA DENTAL PLANS, INC., a Florida corporation, Defendant. ______________________________/ CLASS ACTION COMPLAINT Plaintiff, Reima A. Rabionet, brings this class action against Defendant, Managed Care of North America, Inc. d/b/a MCNA Dental Plans, Inc., and alleges as follows upon personal knowledge as to herself and her own acts and experiences, and, as to all other matters, upon information and belief, including investigation conducted by her attorneys. NATURE OF THE ACTION 1. This putative class action under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., (“TCPA”), stems from Defendant’s practice of sending unsolicited automated telemarketing text messages. 2. In order to drum up new business, Defendant sent Plaintiff and others telemarketing text messages encouraging them to visit Defendant’s website, where Defendant promotes its dental benefits services. 3. Through this putative class action, Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals nationwide. Plaintiff also seeks statutory damages Case 0:17-cv-60185-UU Document 1 Entered on FLSD Docket 01/24/2017 Page 1 of 15
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13913-001/00864359_1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
REIMA A. RABIONET,
individually and on behalf of all
others similarly situated, CLASS ACTION
Plaintiff, JURY TRIAL DEMANDED
v.
MANAGED CARE OF NORTH
AMERICA, INC., d/b/a MCNA
DENTAL PLANS, INC.,
a Florida corporation,
Defendant.
______________________________/
CLASS ACTION COMPLAINT
Plaintiff, Reima A. Rabionet, brings this class action against Defendant, Managed Care of
North America, Inc. d/b/a MCNA Dental Plans, Inc., and alleges as follows upon personal
knowledge as to herself and her own acts and experiences, and, as to all other matters, upon
information and belief, including investigation conducted by her attorneys.
NATURE OF THE ACTION
1. This putative class action under the Telephone Consumer Protection Act, 47 U.S.C.
§ 227 et seq., (“TCPA”), stems from Defendant’s practice of sending unsolicited automated
telemarketing text messages.
2. In order to drum up new business, Defendant sent Plaintiff and others telemarketing
text messages encouraging them to visit Defendant’s website, where Defendant promotes its dental
benefits services.
3. Through this putative class action, Plaintiff seeks injunctive relief to halt
Defendant’s illegal conduct which has resulted in the invasion of privacy, harassment, aggravation, and
disruption of the daily life of thousands of individuals nationwide. Plaintiff also seeks statutory damages
Case 0:17-cv-60185-UU Document 1 Entered on FLSD Docket 01/24/2017 Page 1 of 15
13913-001/00864359_1 2
on behalf of herself and members of the class, and any other available legal or equitable remedies
resulting from the illegal actions of Defendant.
JURISDICTION AND VENUE
4. Jurisdiction is proper under 28 U.S.C. § 1331 as Plaintiff alleges violations of a
federal statute. Jurisdiction is also proper under 28 U.S.C. § 1332(d)(2) because Plaintiff alleges a
national class, which will result in at least one class member belonging to a different state than that of
Defendant. Plaintiff seeks up to $1,500.00 (one-thousand-five-hundred dollars) in damages for each
call in violation of the TCPA, which, when aggregated among a proposed class numbering in the tens
of thousands, or more, exceeds the $5,000,000.00 (five-million dollars) threshold for federal court
jurisdiction under the Class Action Fairness Act (“CAFA”). Therefore, both the elements of diversity
jurisdiction and CAFA jurisdiction are present.
5. Venue is proper in the United States District Court for the Southern District of
Florida pursuant to 28 U.S.C. § 1391(b) and (c) because Defendant is deemed to reside in any judicial
district in which it is subject to the court’s personal jurisdiction, and because Defendant provides and
markets its services within this district thereby establishing sufficient contacts to subject it to personal
jurisdiction. Further, Defendant’s tortious conduct against Plaintiff occurred within the State of Florida
and, on information and belief, Defendant has sent the same text messages complained of by Plaintiff
to other individuals within this judicial district, such that some of Defendant’s acts in making such calls
have occurred within this district, subjecting Defendant to jurisdiction in the State of Florida.
PARTIES
6. Plaintiff is a natural person who, at all times relevant to this action, was a resident
of the State of Florida.
7. Defendant is a Florida Corporation whose principal office is located at 200 West
Cypress Creek Road, Suite 500, Fort Lauderdale, Florida 33309. Defendant directs, markets, and
Case 0:17-cv-60185-UU Document 1 Entered on FLSD Docket 01/24/2017 Page 2 of 15
13913-001/00864359_1 3
provides its business activities throughout the United Stated, including the State of Florida.
THE TCPA
8. The TCPA regulates and restricts the use of automatic telephone equipment.
9. The TCPA protects consumers from unwanted text messages that are made with
autodialers.
10. The TCPA prohibits: (1) any person from calling a cellular telephone number; (2)
using an automatic telephone dialing system; (3) without the recipient’s prior express consent. 47
U.S.C. § 227(b)(1)(A).
11. The TCPA defines an “automatic telephone dialing system” (“ATDS”) as
“equipment that has the capacity - (A) to store or produce telephone numbers to be called, using a
random or sequential number generator; and (B) to dial such numbers.” 47 U.S.C. § 227(a)(1).
12. In an action under the TCPA, a plaintiff must only show that the defendant “called
a number assigned to a cellular telephone service using an automatic dialing system or prerecorded
voice.” Breslow v. Wells Fargo Bank, N.A., 857 F. Supp. 2d 1316, 1319 (S.D. Fla. 2012), aff’d, 755
F.3d 1265 (11th Cir. 2014).
13. The Federal Communications Commission (“FCC”) is empowered to issue rules
and regulations implementing the TCPA. According to the FCC’s findings, calls in violation of the
TCPA are prohibited because, as Congress found, automated or prerecorded telephone calls are a greater
nuisance and invasion of privacy than live solicitation calls, and such calls can be costly and
inconvenient. The FCC also recognized that wireless customers are charged for incoming calls whether
they pay in advance or after the minutes are used. Rules and Regulations Implementing the Telephone
Consumer Protection Act of 1991, CG Docket No. 02-278, Report and Order, 18 FCC Rcd 14014
(2003).
14. In 2012, the FCC issued an order tightening the restrictions for automated
Case 0:17-cv-60185-UU Document 1 Entered on FLSD Docket 01/24/2017 Page 3 of 15
13913-001/00864359_1 4
telemarketing calls, requiring “prior express written consent” for such calls to wireless numbers. See
In the Matter of Rules & Regulations Implementing the Tel. Consumer Prot. Act of 1991, 27 F.C.C.R.
Case 0:17-cv-60185-UU Document 1 Entered on FLSD Docket 01/24/2017 Page 15 of 15
Case 0:17-cv-60185-UU Document 1-1 Entered on FLSD Docket 01/24/2017 Page 1 of 1
JS 44 (Rev. 07/16) FLSD Revised 07/01/2016 CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained hcrein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the puiposeof initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS REIMA A. RABIONET, Individually and on DEFENDANTS MANAGED CARE OF NORTH AMERICA,behalf of all others similarly situated INC., d/b/a MCNA DENTAL PLANS, INC.
(b) County of Residence of First Listed Plaintiff County ofResidence ofFirst Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN US, PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.
(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown)Scott A. Edelsberg, Esq., Kopelowitz Ostrow, One W. Las Olas Blvd.,Suite 500, Ft. Lauderdale, FL 33301 (954) 525-4100
(d) Check County Where Action Arose: 0 MIAMI- DADE 0 MONROE I.6 BROWARD 0 PALM BEACH 0 MARTIN 0 ST. LUCIE 0 INDIAN RIVER 0 OKEECHOBEE 0 HIGHLANDS
II, BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaint/II)(For Diversity Cases Only) and One BoxIbr Defendant)
O 1 U.S. Government trn 3 Federal Question PTF DEF PTF DEEPlaintiff (US. Government Not a Party) Citizen of This State 0 1 0 1 Incorporated or Principal Place 0 4 04
of Business In This State
O 2 U.S. Government 04 Diversity Citizen ofAnother State 0 2 0 2 Incorporated and Principal Place 0 5 0 5Defendant (Indicate Citizenship qfParties in Item III) of Business In Another State
Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 D 6
Foreign CountryIV. NATURE OF SUIT (Place an "X" in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims ActO 120 Marine 0 310 Airplane 0 365 Personal Injury of Property 21 USC 881 0 423 Withdrawal 0 376 Qui Tans (31 USC0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 USC 157 3729 (a))0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment0 I 50 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 0 410 Antitrust
& Enforcement ofJudgment Slander Personal Injury 0 820 Copyrights 0 430 Banks and Banking0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 450 Commerce0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark 0 460 Deportation
O 245 Tort Product Liability 0 445 Amer. w/Disabilities 0 530 General IMMIGRATION ri 950 Constitutionality of StaleStatutes
O 290 All Other Real Property Employment 0 535 Death Pena lty 0 462 Naturalization Application0 446 Amer. w/Disabilities 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions0 448 Education 0 555 Prison Condition
560 Civil Detainee0 Conditions of
ConfinementV. ORIGIN (Place an "X" in One Box Only)16 1 Originadl ng
1s4ul(idistrict 0 7 Appealto,, Remanded from0 8 Multidistrict 0 Appellate CourtProceeifrom State (See VI or another districtCourt below) Reopened (specify) Transfer District Judge Litigation
front Magistrate DirectJudgment File
VI. RELATED/ (See instructions): a) Re-filed Case DYES VNO b) Related Cases DYES V NORE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you arc filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):VII. CAUSE OF ACTION 47 USC 227 et seq. violation of Telephone Consumer Protection Act
LENGTH OF TRIAL via 5 days estimated (for both sides to try entire case)VIII. REQUESTED IN r, CHECK IF THIS IS A CLASS ACTION
illCOMPLAINT: UNDER F.R.C.P. 23
DEMAND 5,000,000.00 CHECK YES only if demanded in complaint:
JURY DEMAND: el Yes 0 NoABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGEDATE SIGNATURE OF ATTORNEY OF RECORD
January 24, 2017/S./ SC oft P. Cptilsbtr3
FOR OFFICE USE ONLYRECEIPT AMOUNT IFP JUDGE MAC; JUDGE
Case 0:17-cv-60185-UU Document 1-2 Entered on FLSD Docket 01/24/2017 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
Southern District of Florida CI
REIMA A. RABIONET, Individually and on behalf ofall others similarly situated,
Plaintiff(s)v. Civil Action No.
MANAGED CARE OF NORTH AMERICA, INC., d/b/aMCNA DENTAL PLANS, INC., a Florida Corporation
Delendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant 's name and address) MANAGED CARE OF NORTH AMERICA, INC., d/b/a MCNA DENTAL PLANS, INC.c/o Carlos A. Lacasa, Esquire, Registered Agent200 West Cypress Creek Road, Suite 500Fort Lauderdale, Florida 33309
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting thc day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ,P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney,whose name and address are:
Scott A. Edelsberg, EsquireKopelowitz Ostrow Ferguson Weiselberg GilbertOne West Las Olas Blvd., Suite 500Fort Lauderdale, FL [email protected]
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature ofClerk or Deputy Clerk
Case 0:17-cv-60185-UU Document 1-2 Entered on FLSD Docket 01/24/2017 Page 2 of 2
AO 440 (Rev. 06112) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, 11—any)
was received by me on (date)
171 I personally served the summons on the individual at (place)
on (date);or
71 I left the summons at the individual's residence or usual place of abode with (name)
a person of suitable age and discretion who resides there,
on (datc), and mailed a copy to the individual's last known address; or
[1 I served the summons on (name ofindividual),who is
designated by law to accept service of process on behalf of (Udine oforganization)
on (date);or
71 I returned the summons unexecutedbecause;or
Other (specili):
My fees are for travel and for services, for a total of 0.00
I declare under penalty of perjury that this information is true.
DateServer's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
ClassAction.orgThis complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: MCNA Dental Plans, Inc. Hit with TCPA Class Action