IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA, MANATEE, DESOTO COUNTY, FLORIDA

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Garey Sims
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1 Filing # E-Filed 12/09/ :06:41 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA, MANATEE, DESOTO COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA Plaintiff, vs. Case No. OMNI TABLE COMPANY, LLC, a Florida limited liability company, and EDWARD JOSEPH ZBIEGIEN, JR., an individual. Defendants. / COMPLAINT Plaintiff, State of Florida, Office of the Attorney General, Department of Legal Affairs ( Plaintiff or the Attorney General ), brings this action under the Florida Unfair and Deceptive Trade Practices Act ( FDUTPA ), Fla. Stat et seq. against Defendants Omni Table Company, LLC. ( Omni ), and Edward Joseph Zbiegien, Jr. ( Zbiegien ) (collectively Defendants ) to obtain preliminary and permanent injunctive relief, restitution, the imposition of civil penalties, an award of attorneys fees and costs, and other equitable relief for Defendants acts or practices in violation of FDUTPA, and further alleges: 1

2 JURISDICTION AND VENUE 1. This court has jurisdiction pursuant to the provisions of FDUTPA and Fla. Stat Plaintiff seeks relief in an amount greater than Fifteen Thousand Dollars ($15,000), exclusive of interest, costs, and attorneys fees. 2. Defendants at all times material to this Complaint, acting in concert with others, provided goods or services within the defendants of Section (8), solicited consumers within the definition of Section (7), and were engaged in trade or commerce as defined by Section (8). 3. The Defendants reside and the statutory violations alleged herein occurred in Manatee County, Florida, therefore venue is proper in the Twelfth Judicial Circuit, in and for Sarasota, Manatee, and Desoto County, Florida. PLAINTIFF 4. Plaintiff is an enforcing authority of FDUTPA pursuant to Section , and is authorized to bring this action and to seek injunctive and other statutory and civil relief pursuant to that chapter, Section Plaintiff conducted an investigation of the matters alleged herein and has determined that this enforcement action serves the public interest, as required by Section (2). 2

3 DEFENDANTS 6. Defendant, Omni Table Company, LLC is a Florida limited liability company with its principal place of business at 3240 East 59 th Drive, Bradenton, Manatee County, Florida. Omni conducts and, at all times material hereto, has conducted, business in the State of Florida. Omni sells medical tables, including chiropractic tables, and other related products and services. 7. Defendant Edward Joseph Zbiegien, Jr. is a Florida resident residing in Manatee County, Florida. According to the public records of the Florida Department of State, Division of Corporations, Zbiegien is the principal of Omni. Zbiegien directly participates in, manages, operates, and controls the operations of Omni, and holds a direct or indirect interest in Omni. FACTUAL ALLEGATIONS 8. Defendants market and sell medical tables and related products, including specialized tables used by chiropractors and other medical professionals. 9. Since 2013, the Attorney General has received at least 3 complaints from consumers claiming they paid Defendants for tables or products that were never delivered. At least 2 consumer complaints have been filed with the Better Business Bureau alleging similar behavior. In total, Defendants failed to deliver more than $35,000 worth of goods as promised and has not provided refunds to the aggrieved consumers 3

4 10. In March 2013, Chiropractic 1 st, a Pennsylvania company, placed an order for two chiropractic tables and paid the purchase price of $11,390. Zbiegien guaranteed delivery in 3 weeks. After failing to meet that deadline, Zbiegien promised Chiropractic 1 st that the tables would arrive no later than May 8, As of the date of the filing, however, Chiropractic 1 st has not received the tables or, in the alternative, a refund. 11. In June 2015, Palmer Peet ( Peet ), a Vermont consumer, paid the Defendants $14,000 for two chiropractic adjusting tables. The Defendants promised Peet the tables would ship no later than July 13 th. However, as of the date of this filing, the tables have not been delivered, and Peet has not received a refund. 12. On October 23, 2014, Casper Chiropractic ( Casper ), a New York business, ordered table replacement cushions from the Defendants. Zbiegien instructed Casper to fax a voided check to complete the order. Casper faxed a voided check but never heard back from the Defendants. The next day, $499 was withdrawn from Casper s checking account. Initially, Zbiegien promised to return the check, but then stopped returning Casper s phone calls. As of the date of this filing, Casper has not received the replacement cushions or received a refund. 13. In 2014 or 2015, Bruno Chiropractic Arts Center ( Bruno ), a Virginia business, placed an order for replacement covers for its Omni table. 4

5 Defendants requested a copy of a cancelled check in order to complete Bruno s order. Bruno provided the check and never heard back from the Defendants. Soon after, the Defendants withdrew $499 from Bruno s account. The Defendants did not return phone calls from Bruno requesting status of the order. As of the date of this filing, Bruno has not received the replacement cushions or received a refund. 14. In November 2012, Advanced Injury Rehabilitation ( Advanced ), a Utah business, ordered two Omni elevation tables and paid the purchase price of $8840. After the tables were not delivered, Zbiegein promised Advanced a full refund. As of the date of this filing, however, Advanced has not received the elevation tables or a refund. COUNT I VIOLATIONS OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT, CHAPTER 501, PART II, FLORIDA STATUTES 15. The Attorney General incorporates and re-alleges paragraphs 1 through 14 above as if fully set forth hereinafter. 16. Section (1) provides that unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. The provisions of the Act shall be construed liberally to promote the protection of the consuming public and legitimate business enterprises from those who engage in deceptive[] or unfair acts or practices in the conduct of any trade or commerce. Section

6 17. Defendants were, at all times material to the allegations herein, engaged in trade or commerce as defined by the Section Consumers chiropractic businesses placed orders with the Defendants for chiropractic tables and equipment. Relying on the Defendants promises, including their delivery guarantees, consumers collectively paid the Defendants approximately $35,000 contemporaneously with placing their orders. The Defendants, however, failed to deliver the tables and has not provided refund to the aggrieved consumers. 19. The Defendants business practices were unfair and deceptive, and the consumers suffered substantially injured. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for relief as follows: 20. That the Court adjudge and decree that Defendants have engaged in the conduct complained of herein. 21. That the Court adjudge and decree that the conduct complained of in paragraphs 1 through 14 constitute deceptive and unfair trade practices in violation of FDUTPA. 22. That the Court enjoins the Defendants from further violations of FDUTPA. 6

7 23. That the Court enjoin the Defendants from failing to provide refunds to consumers if the Defendants do not fulfill a consumer s order. consumers. 24. That the Court order Defendants to pay restitution to affected 25. That the Court award damages, civil penalties, attorney s fees, prejudgment interest and costs to the Plaintiff for the prosecution of this violation pursuant to Section Award any such equitable or other relief pursuant to Section (3); and proper. 27. Award such other and further relief as the Court deems just and Dated: December 9, 2015 PAMELA JO BONDI Attorney General William B. Armistead WILLIAM B. ARMISTEAD Fla. Bar No Assistant Attorney General Consumer Protection Division Department of Legal Affairs Florida Office of the Attorney General Phone: Fax:

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA

Filing # 39106089 E-Filed 03/16/2016 04:02:04 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT