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Filing # 196931886 E-Filed 04/24/2024 06:17:11 PM
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
Case No.
JONATHAN BUSH,
individually and on behalf of all
those similarly situated,
CLASS ACTION
Plaintiff,
JURY TRIAL DEMANDED
V.
WAVE FINANCIAL USA INC.,
Defendant.
/
CLASS ACTION COMPLAINT
Plaintiff Jonathan Bush (“Plaintiff”), individually and on behalf of all those similarly
situated, sues Defendant WAVE FINANCIAL USA INC. (“Defendant”) for violating the Florida
Consumer Collection Practices Act (“FCCPA”).
JURISDICTION AND VENUE
1 This Court has subject matter jurisdiction pursuant to Florida Rule of Civil
Procedure 1.220 and Fla. Stat. § 26.012(2). The matter in controversy exceeds the sum or value of
$50,000, exclusive of interest, costs, and attorney’s fees.
2 This Court has personal jurisdiction over Defendant because Defendant is
operating, present, and/or doing business within this jurisdiction and because the complained of
conduct of Defendant occurred within Miami-Dade County, Florida.
3 Venue of this action is proper in this Court because, pursuant to Fla. Stat. § 47.011,
et seq., the cause of action alleged below arose in Miami-Dade County, Florida.
4 Plaintiff has standing to maintain this action because Plaintiff suffered a legal injury
as a result of Defendant’s violations of the FCCPA, and because Plaintiff is not requesting an
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advisory opinion from this Court. Thus, Plaintiff has a sufficient stake in a justiciable controversy
and seeks to obtain judicial resolution of that controversy.
PARTIES
5 Plaintiff is a natural person, and a citizen of the State of Florida, residing in Miami-
Dade County, Florida.
6 Defendant is a Delaware corporation, with its principal place of business located in
Denver, Colorado.
DEMAND FOR JURY TRIAL
7 Plaintiff, respectfully, demands a trial by jury on all counts and issues so triable.
ALLEGATIONS
8 On a date better known by Defendant, Defendant began attempting to collect a debt
(the “Consumer Debt”) from Plaintiff.
9 The Consumer Debt is an obligation allegedly had by Plaintiff
to pay money arising
from a transaction between the creditor of the Consumer Debt, Defendant, and Plaintiff (the
“Subject Service”).
10. Plaintiff is the alleged debtor of the Consumer Debt.
11. The Subject Service was primarily for personal, family, or household purposes.
12. The FCCPA defines “communication” as “the conveying of information regarding
a debt directly or indirectly to any person through any medium.” Fla. Stat. § 559.55(2).
13. Defendant is a “person” within the meaning of Fla. Stat. § 559.72.
14. Section 559.72(17) of the FCCPA prohibits persons from communicating with a
debtor between the hours of 9:00 PM and 8:00 AM in the debtor’s time zone without the prior
consent of the debtor.
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THE COMMUNICATION
15. On March 9, 2024, Defendant sent an electronic mail communication to Plaintiff
(the “Communication”).
16. Attached as Exhibit “A” is a copy of the Communication.
17. The Communication was a communication in connection with the collection of the
Consumer Debt.
18. The Communication was sent from mailer@waveapps.com and delivered to
Plaintiff's personal e-mail address.
19. The Communication advised: “You have received an invoice that is due on Mar 9,
2024, and have not yet completed payment. The invoice was issued on Mar 9, 2024.”
20. The Communication was sent by Defendant to Plaintiff at 11:22 PM in Plaintiff's
time zone.
21. The Communication was received by Plaintiff from Defendant at 11:22 PM in
Plaintiff's time zone.
CLASS ALLEGATIONS
PROPOSED CLASS
22. Plaintiff brings this lawsuit as a class action on behalf of Plaintiff, individually, and
on behalf of all other similarly situated persons. The “Class” that Plaintiff seeks to represent is the
below defined “FCCPA Class.”
23. The “FCCPA Class” consists of: [1] all persons with Florida addresses [2] that
Defendant or someone on Defendant’s behalf [3] sent an electronic mail communication to [4]
between 9:00 PM and 8:00 AM [5] in connection with the collection ofa consumer debt.
24. Defendant and its employees or agents are excluded from the Class.
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25. Plaintiff does not know the number of members in the Class but believes the
number is in the several thousands, if not more.
NUMEROSITY
26. Upon information and belief, Defendant has sent thousands of electronic mail
communications to Florida consumers between 9:00 PM and 8:00 AM, whereby such electronic
mail communication(s) violate 559.72(17). The members of the Class, therefore, are believed to
be so numerous that joinder of all members is impracticable.
27. The exact number and identities of the Class members are unknown at this time and
can be ascertained only through discovery. Identification of the Class members is a matter capable
of ministerial determination from Defendant’s e-mail records.
COMMON QUESTIONS OF LAW ND FAC
28. There are numerous questions of law and fact common to the Class which
predominate over any questions affecting only individual members of the Class. Among the
questions of law and fact common to the Class are: [1] Whether Defendant sent an electronic
communication to Plaintiff and members of the Class in connection with the collection of a
consumer debt; [2] Whether Defendant sent such communication(s) between 9:00 PM and 8:00
AM; [3] Whether Defendant should be enjoined from such conduct in the future.
29. The common questions in this case are capable of having common answers. If
Plaintiff's claim that Defendant routinely sends electronic mail communication(s) that violate
559.72(17) is accurate, Plaintiff and members of the Class will have identical claims capable of
being efficiently adjudicated and administered in this case.
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TYPICALITY
30. Plaintiff's claims are typical of the claims of the members of the Class, as they are
all based on the same factual and legal theories.
PROTECTING THE INTERESTS OF THE CLASS MEMBERS
31. Plaintiff is a representative who will fully and adequately assert and protect the
interests of the Class and has retained competent counsel. Accordingly, Plaintiff is an adequate
representative and will fairly and adequately protect the interests of the Class.
SUPERIORITY
32. A class action is superior to all other available methods for the fair and efficient
adjudication of this lawsuit because individual litigation of the claims of all members of the Class
is economically unfeasible and procedurally impracticable. While the aggregate damages sustained
by members of the Class are in the millions of dollars, the individual damages incurred by each
member of the Class resulting from Defendant’s wrongful conduct are too small to warrant the
expense of individual lawsuits. The likelihood of individual members of the Class prosecuting
their own separate claims is remote, and, even if every member of the Class could afford individual
litigation, the court system would be unduly burdened by individual litigation of such cases.
33. The prosecution of separate actions by members of the Class would create a risk of
establishing inconsistent rulings and/or incompatible standards of conduct for Defendant. For
example, one court might enjoin Defendant from performing the challenged acts, whereas another
may not. Additionally, individual actions may be dispositive of the interests of the Class, although
certain class members are not parties to such actions.
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CounT 1
VIOLATION OF FLA. STAT. 559.72(17
34. Plaintiff, individually and on behalf of the FCCPA Class, incorporates by reference
4 8-33 of this Class Action Complaint.
35. Pursuant to § 559.72(17) of the FCCPA, in collecting consumer debts, no person
shall: “/cJ/ommunicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor’s time
zone without the prior consent of the debtor.” Fla Stat. § 559.72(17) (emphasis added).
36. As set forth above, Defendant sent an electronic communication to Plaintiff in
connection with the collection of the Consumer Debt. See Exhibit A (the “Electronic
Communication”). The Electronic Communication was sent to Plaintiff between the hours of 9:00
PM and 8:00 AM in the time zone of Plaintiff. Defendant did not have the consent of Plaintiff to
communicate with Plaintiff between the hours of 9:00 PM and 8:00 AM. As such, by and through
the Electronic Communication, Defendant violated § 559.72(17) of the FCCPA.
37. WHEREFORE, Plaintiff, individually and on behalf
of the FCCPA Class, requests
relief and judgment as follows:
(a) Determine this action is a proper class action under Florida Rule of Civil
Procedure;
(b) A declaration that Defendant’s conduct and/or practices described herein
violate § 559.72(17);
(c) Award Plaintiff and members of the FCCPA Class statutory damages
pursuant to Fla. Stat., § 559.77(2);
(d) Enjoin Defendant from future violations of Fla. Stat., § 559.72(17) with
respect to Plaintiff and the FCCPA Class;
(e) Award Plaintiff and members of the FCCPA Class reasonable attorneys”
fees and costs, including expert fees, pursuant to Fla. Stat., § 559.77(2); and
(f) Any other relief that this Court deems appropriate under the circumstances.
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
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Dated: April 24, 2024
Respectfully Submitted,
/s/ Gerald D. Lane, Jr.
JIBRAEL S. HINDI, ESQ.
Florida Bar No.: 118259
E-mail: jibrael@jibraellaw.com
JENNIFER G. SIMIL, ESQ.
Florida Bar No.: 1018195
E-mail: jen@jibraellaw.com
ZANE C. HEDAYA, ESQ.
Florida Bar No.: 1048640
E-mail: zane@jibraellaw.com
GERALD D. LANE, JR., ESQ.
Florida Bar No.: 1044677
E-mail: gerald@jibraellaw.com
The Law Offices of Jibrael S. Hindi
110 SE 6th Street, Suite 1744
Fort Lauderdale, Florida 33301
Phone: 954-907-1136
COUNSEL FOR PLAINTIFF
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
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Exhibit A
From: A Solxan 24/7 Mobile Notary
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Filing # 196931886 E-Filed 04/24/2024 06:17:11 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA Case No. JONATHAN BUSH, individually and on behalf of all those similarly situated, CLASS ACTION Plaintiff, JURY TRIAL DEMANDED V. WAVE FINANCIAL USA INC., Defendant. / CLASS ACTION COMPLAINT Plaintiff Jonathan Bush (“Plaintiff”), individually and on behalf of all those similarly situated, sues Defendant WAVE FINANCIAL USA INC. (“Defendant”) for violating the Florida Consumer Collection Practices Act (“FCCPA”). JURISDICTION AND VENUE 1 This Court has subject matter jurisdiction pursuant to Florida Rule of Civil Procedure 1.220 and Fla. Stat. § 26.012(2). The matter in controversy exceeds the sum or value of $50,000, exclusive of interest, costs, and attorney’s fees. 2 This Court has personal jurisdiction over Defendant because Defendant is operating, present, and/or doing business within this jurisdiction and because the complained of conduct of Defendant occurred within Miami-Dade County, Florida. 3 Venue of this action is proper in this Court because, pursuant to Fla. Stat. § 47.011, et seq., the cause of action alleged below arose in Miami-Dade County, Florida. 4 Plaintiff has standing to maintain this action because Plaintiff suffered a legal injury as a result of Defendant’s violations of the FCCPA, and because Plaintiff is not requesting an PAGE | 1 of7 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 1 | Phone (954) 907-1136 | Fax (855) 529-9540 wwwJibr: om advisory opinion from this Court. Thus, Plaintiff has a sufficient stake in a justiciable controversy and seeks to obtain judicial resolution of that controversy. PARTIES 5 Plaintiff is a natural person, and a citizen of the State of Florida, residing in Miami- Dade County, Florida. 6 Defendant is a Delaware corporation, with its principal place of business located in Denver, Colorado. DEMAND FOR JURY TRIAL 7 Plaintiff, respectfully, demands a trial by jury on all counts and issues so triable. ALLEGATIONS 8 On a date better known by Defendant, Defendant began attempting to collect a debt (the “Consumer Debt”) from Plaintiff. 9 The Consumer Debt is an obligation allegedly had by Plaintiff to pay money arising from a transaction between the creditor of the Consumer Debt, Defendant, and Plaintiff (the “Subject Service”). 10. Plaintiff is the alleged debtor of the Consumer Debt. 11. The Subject Service was primarily for personal, family, or household purposes. 12. The FCCPA defines “communication” as “the conveying of information regarding a debt directly or indirectly to any person through any medium.” Fla. Stat. § 559.55(2). 13. Defendant is a “person” within the meaning of Fla. Stat. § 559.72. 14. Section 559.72(17) of the FCCPA prohibits persons from communicating with a debtor between the hours of 9:00 PM and 8:00 AM in the debtor’s time zone without the prior consent of the debtor. PAGE | 2 of7 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 1 | Phone (954) 907-1136 | Fax (855) 529-9540 wwwJibr: om THE COMMUNICATION 15. On March 9, 2024, Defendant sent an electronic mail communication to Plaintiff (the “Communication”). 16. Attached as Exhibit “A” is a copy of the Communication. 17. The Communication was a communication in connection with the collection of the Consumer Debt. 18. The Communication was sent from mailer@waveapps.com and delivered to Plaintiff's personal e-mail address. 19. The Communication advised: “You have received an invoice that is due on Mar 9, 2024, and have not yet completed payment. The invoice was issued on Mar 9, 2024.” 20. The Communication was sent by Defendant to Plaintiff at 11:22 PM in Plaintiff's time zone. 21. The Communication was received by Plaintiff from Defendant at 11:22 PM in Plaintiff's time zone. CLASS ALLEGATIONS PROPOSED CLASS 22. Plaintiff brings this lawsuit as a class action on behalf of Plaintiff, individually, and on behalf of all other similarly situated persons. The “Class” that Plaintiff seeks to represent is the below defined “FCCPA Class.” 23. The “FCCPA Class” consists of: [1] all persons with Florida addresses [2] that Defendant or someone on Defendant’s behalf [3] sent an electronic mail communication to [4] between 9:00 PM and 8:00 AM [5] in connection with the collection ofa consumer debt. 24. Defendant and its employees or agents are excluded from the Class. PAGE | 3 of7 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 1 | Phone (954) 907-1136 | Fax (855) 529-9540 wwwJibr: om 25. Plaintiff does not know the number of members in the Class but believes the number is in the several thousands, if not more. NUMEROSITY 26. Upon information and belief, Defendant has sent thousands of electronic mail communications to Florida consumers between 9:00 PM and 8:00 AM, whereby such electronic mail communication(s) violate 559.72(17). The members of the Class, therefore, are believed to be so numerous that joinder of all members is impracticable. 27. The exact number and identities of the Class members are unknown at this time and can be ascertained only through discovery. Identification of the Class members is a matter capable of ministerial determination from Defendant’s e-mail records. COMMON QUESTIONS OF LAW ND FAC 28. There are numerous questions of law and fact common to the Class which predominate over any questions affecting only individual members of the Class. Among the questions of law and fact common to the Class are: [1] Whether Defendant sent an electronic communication to Plaintiff and members of the Class in connection with the collection of a consumer debt; [2] Whether Defendant sent such communication(s) between 9:00 PM and 8:00 AM; [3] Whether Defendant should be enjoined from such conduct in the future. 29. The common questions in this case are capable of having common answers. If Plaintiff's claim that Defendant routinely sends electronic mail communication(s) that violate 559.72(17) is accurate, Plaintiff and members of the Class will have identical claims capable of being efficiently adjudicated and administered in this case. PAGE | 4 of7 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 01 | Phone (954) 907-1136 | Fax (855) 529-9540 www.Jibr com TYPICALITY 30. Plaintiff's claims are typical of the claims of the members of the Class, as they are all based on the same factual and legal theories. PROTECTING THE INTERESTS OF THE CLASS MEMBERS 31. Plaintiff is a representative who will fully and adequately assert and protect the interests of the Class and has retained competent counsel. Accordingly, Plaintiff is an adequate representative and will fairly and adequately protect the interests of the Class. SUPERIORITY 32. A class action is superior to all other available methods for the fair and efficient adjudication of this lawsuit because individual litigation of the claims of all members of the Class is economically unfeasible and procedurally impracticable. While the aggregate damages sustained by members of the Class are in the millions of dollars, the individual damages incurred by each member of the Class resulting from Defendant’s wrongful conduct are too small to warrant the expense of individual lawsuits. The likelihood of individual members of the Class prosecuting their own separate claims is remote, and, even if every member of the Class could afford individual litigation, the court system would be unduly burdened by individual litigation of such cases. 33. The prosecution of separate actions by members of the Class would create a risk of establishing inconsistent rulings and/or incompatible standards of conduct for Defendant. For example, one court might enjoin Defendant from performing the challenged acts, whereas another may not. Additionally, individual actions may be dispositive of the interests of the Class, although certain class members are not parties to such actions. PAGE | 5 of7 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 01 | Phone (954) 907-1136 | Fax (855) 529-9540 www.Jibr com CounT 1 VIOLATION OF FLA. STAT. 559.72(17 34. Plaintiff, individually and on behalf of the FCCPA Class, incorporates by reference 4 8-33 of this Class Action Complaint. 35. Pursuant to § 559.72(17) of the FCCPA, in collecting consumer debts, no person shall: “/cJ/ommunicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without the prior consent of the debtor.” Fla Stat. § 559.72(17) (emphasis added). 36. As set forth above, Defendant sent an electronic communication to Plaintiff in connection with the collection of the Consumer Debt. See Exhibit A (the “Electronic Communication”). The Electronic Communication was sent to Plaintiff between the hours of 9:00 PM and 8:00 AM in the time zone of Plaintiff. Defendant did not have the consent of Plaintiff to communicate with Plaintiff between the hours of 9:00 PM and 8:00 AM. As such, by and through the Electronic Communication, Defendant violated § 559.72(17) of the FCCPA. 37. WHEREFORE, Plaintiff, individually and on behalf of the FCCPA Class, requests relief and judgment as follows: (a) Determine this action is a proper class action under Florida Rule of Civil Procedure; (b) A declaration that Defendant’s conduct and/or practices described herein violate § 559.72(17); (c) Award Plaintiff and members of the FCCPA Class statutory damages pursuant to Fla. Stat., § 559.77(2); (d) Enjoin Defendant from future violations of Fla. Stat., § 559.72(17) with respect to Plaintiff and the FCCPA Class; (e) Award Plaintiff and members of the FCCPA Class reasonable attorneys” fees and costs, including expert fees, pursuant to Fla. Stat., § 559.77(2); and (f) Any other relief that this Court deems appropriate under the circumstances. PAGE | 6 of7 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 1 | Phone (954) 907-1136 | Fax (855) 529-9540 wwwJibr: om Dated: April 24, 2024 Respectfully Submitted, /s/ Gerald D. Lane, Jr. JIBRAEL S. HINDI, ESQ. Florida Bar No.: 118259 E-mail: jibrael@jibraellaw.com JENNIFER G. SIMIL, ESQ. Florida Bar No.: 1018195 E-mail: jen@jibraellaw.com ZANE C. HEDAYA, ESQ. Florida Bar No.: 1048640 E-mail: zane@jibraellaw.com GERALD D. LANE, JR., ESQ. Florida Bar No.: 1044677 E-mail: gerald@jibraellaw.com The Law Offices of Jibrael S. Hindi 110 SE 6th Street, Suite 1744 Fort Lauderdale, Florida 33301 Phone: 954-907-1136 COUNSEL FOR PLAINTIFF PAGE | 7 of7 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 1 | Phone (954) 907-1136 | Fax (855) 529-9540 wwwJibr: w.com, Exhibit A From: A Solxan 24/7 Mobile Notary