49D13-1905-MI-021967 Filed: 5/31/2019 11:16 AM

Clerk
Marion Superior Court, Civil Division 13 Marion County, Indiana

STATE OF INDIANA ) IN THE MARION CIRCUIT/SUPERIOR COURT

)
COUNTY OF MARION ) CAUSE NO. ______________________________

STATE OF INDIANA, )
)
Plaintiff, )
)
v. )
)
AMERICAN HEALTH SERVICES, LLC, )
ANTHONY K. VALENTI, )
MICHAEL D. VALENTI, )
and JOHN DOES 1-10, )
)
Defendants. )

COMPLAINT FOR INJUNCTION, CIVIL PENALTIES,

COSTS OF INVESTIGATION AND PROSECUTION, AND
REASONABLE ATTORNEY’S FEES

The Plaintiff, State of Indiana, by Attorney General Curtis T. Hill, Jr., and Deputy

Attorney General Marguerite M. Sweeney, pursuant to the Indiana Telephone Solicitation of

Consumers Act, Ind. Code 24-4.7 (the “TSCA”), the Indiana Regulation of Automatic Dialing

Machines Act, Ind. Code 24-5-14 (the “Auto-Dialer Act”), and Ind. Code § 23-0.5-5-14,

petitions the Court for injunctive relief, civil penalties, reasonable costs, and other equitable

relief.

JURISDICTION

1. Plaintiff, State of Indiana, is authorized to bring this action in Marion County and

to seek injunctive and other statutory relief pursuant to Ind. Code § 24-4.7-5-2, Ind. Code § 24-

5-14-13 and Ind. Code § 23-0.5-5-14.

2. At all times relevant to the allegations herein, Defendants are or were involved in

consumer transactions in Indiana, as defined by Ind. Code § 24-5-0.5-2(a)(1)).

 3. Defendants, having purposefully directed their activities toward Indiana citizens

as detailed below, are subject to the jurisdiction of an Indiana court pursuant to Ind. Trial Rule

4.4.

PARTIES

4. The Attorney General is authorized to bring actions on behalf of the State of

Indiana (“the State”) pursuant to Ind. Code § 4-6-3-2.

5. Defendant, American Health Services, LLC (“AHS”), is a Maryland limited

liability company whose principal address is or was 5022 Campbell Blvd., Nottingham,

MD 21236.

6. Defendant, Anthony K. Valenti (“Anthony Valenti”), is a Maryland resident, and

is the managing member and registered agent of AHS.

7. Defendant, Michael D. Valenti (“Michael Valenti”), is a Maryland resident, and

a manager of AHS.

8. Upon information and belief, Defendants, John Does 1-10, are individuals or

entities who participated in the activities described in this Complaint, and whose identities and

whereabouts are unknown to the State at this time.

9. Reference in this Complaint to acts of Defendants shall mean one or more

defendants performed or authorized his or her agents, employees, or sub-contractors to perform

such act within the scope of his or her duties, employment, or agency.

FACTS RELEVANT TO ALL COUNTS

10. Beginning on or before May 4, 2018, and continuing through at least July 18,

2018, Defendants made or caused to be made telephone calls to Indiana telephone numbers.

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 11. The Attorney General received complaints about 40 of these telephone calls

(“Consumer Complaints”). At this time, the Attorney General does not know exactly how many

telephone calls Defendants made or caused to be made.

12. The telephone calls described in the Consumer Complaints relate to each other

based on factors consistent among the calls, including the caller identification numbers

associated with the calls and the fact that all the calls involved a similar pre-recorded message.

13. According to the Consumer Complaints, the calls offered insurance products or

services.

14. According to the Consumer Complaints, the following 25 caller identification

numbers were associated with the calls:

(240) 204-8264 (240) 204-8268 (240) 204-8270

(240) 252-5483 (443) 203-1055 (443) 203-5415
(443) 205-1574 (443) 205-1577 (443) 205-4533
(443) 233-6509 (443) 249-7005 (443) 294-8011
(614) 927-0425 (614) 927-0427 (614) 927-0428
(614) 927-1821 (713) 589-2845 (713) 936-9851
(954) 228-7536 (954) 234-2726 (954) 234-2904
(954) 323-2520 (954) 323-2539 (954) 323-2890
(954) 323-2918

15. At the time of the telephone calls, the subscribers of all 25 telephone numbers

listed above were “American Health Maryland LLC” and Anthony Valenti.

16. Upon information and belief, there is no such company as “American Health

Maryland LLC” registered in any jurisdiction.

17. Upon information and belief, the true company associated with the calls was

American Health Services, LLC.

18. According to the Consumer Complaints, none of the consumers who received the

calls requested, consented to, permitted, authorized or gave permission for the calls.

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 19. At least thirty-six of the calls described in the Consumer Complaints were made

to telephone numbers that were on the Indiana Do Not Call list at the time of the calls.

20. According to the Consumer Complaints, all 40 of the calls began with a pre-

recorded message.

21. According to the Consumer Complaints, the recorded message played without a

live operator requesting consent before delivering the message.

22. It is believed and alleged that all 40 of the calls were made by an automatic

dialing-announcing device, as defined by Ind. Code § 24-5-14-1.

23. It is believed and alleged that Defendants made additional telephone calls to

Indiana telephone numbers in violation of Indiana law. The telephone numbers and dates of these

calls are unknown to Plaintiff at this time and may be identified during the course of this

litigation. Therefore, Plaintiff asserts a general allegation regarding additional violations of the

TSCA and the Auto-Dialer Act committed by Defendants with respect to as yet unidentified

Indiana consumers and incorporates all associated legitimate claims herein by reference

24. By soliciting the sale of insurance products to Indiana residents, AHS was or is

doing business in Indiana.

25. At all times relevant to the facts stated in this Complaint, AHS did not have a

certificate of authority from the Indiana Secretary of State, and was not registered as a foreign

filing entity to do business in Indiana.

26. At all times relevant to the facts stated in this Complaint, neither Anthony Valenti

nor Michael Valenti was licensed to sell insurance products in Indiana.

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 COUNT I: DEFENDANTS MADE TELEPHONE SALES CALLS TO TELEPHONE
NUMBERS ON THE INDIANA DO NOT CALL LIST
IN VIOLATION OF IND. CODE § 24-4.7-4-1

27. The Plaintiff realleges and incorporates by reference the allegations contained in

all paragraphs above.

28. Pursuant to Ind. Code § 24-4.7-3-1, the Office of the Attorney General quarterly

publishes a no telephone sales solicitation listing, referred to herein as the “Indiana DNC List”.

The “Indiana DNC List” is a “listing of telephone numbers of Indiana consumers who request

not to be solicited by telephone.” Ind. Code § 24-4.7-3-1(a).

29. The TSCA prohibits a telephone solicitor from making or causing to be made a

telephone sales call to a telephone number if that telephone number is registered on the Indiana

DNC List at the time of the call. Ind. Code § 24-4.7-4-1.

30. A “telephone solicitor” means a person doing business in Indiana. The term

includes a person that controls, directly or indirectly, one (1) or more other persons. Ind. Code §

24-4.7-2-9.

31. The term "doing business in Indiana" means: “(1) making; or (2) causing others

to make; telephone sales calls to consumers located in Indiana whether the telephone sales calls

are made from a location in Indiana or outside Indiana.” Ind. Code § 24-4.7-2-5.

32. From before May 4, 2018 through at least July 18, 2018, Defendants made or

cause to be made at least 40 telephone calls to Indiana telephone numbers.

33. According to the Consumer Complaints, the callers offered insurance products or

services.

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 34. A telephone call made for the purpose of selling consumer goods or services or

obtaining information that will or may be used to solicit the sale of consumer goods or services

is a telephone sales call. Ind. Code § 24-4.7-2-9.

35. By making telephone sales calls, Defendants were “telephone solicitors” “doing

business in Indiana” as those terms are defined by Ind. Code § 24-4.7-2-10 and § 24-4.7-2-5,

respectively.

36. At least 36 of the telephone calls described above were made to telephone

numbers on the Indiana DNC List at the time of the calls.

37. By making telephone sales calls to telephone numbers on the Indiana DNC List,

Defendants violated the TSCA, Ind. Code § 24-4.7-4-1. Each violation of the TSCA is a

deceptive act as defined by Ind. Code § 24-4.7-5-1.

38. Plaintiff, through the Indiana Attorney General, has authority to seek an

injunction for violations of the TCSA pursuant to Ind. Code § 24-4.7-5-2.

39. Under Indiana Trial Rule 65(C), the State of Indiana, as a government entity, need

not post security to obtain injunctive relief

40. Pursuant to Ind. Code § 24-4.7-5-2, Plaintiff may seek a civil penalty of not more

than $10,000 for the first violation of Ind. Code ch. 24-4.7-4; and not more than $25,000 per

violation for each violation after the first violation.

41. Pursuant to Ind. Code § 24-4.7-5-2, Plaintiff may also seek all the money

Defendants obtained through violation of Ind. Code ch. 24-4.7-4; the Attorney General’s

reasonable costs in investigating and maintaining the action; and reasonable attorney’s fees.

42. Plaintiff asserts a general allegation regarding additional violations of the TSCA

committed by Defendants with respect to as yet unidentified Indiana consumers who may be

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identified during the course of this litigation and incorporates all associated legitimate claims

herein by reference.

COUNT II: DEFENDANTS VIOLATED THE

AUTO-DIALER ACT, IND. CODE § 24-5-14-5(b)

43. The Plaintiff realleges and incorporates by reference the allegations contained in

all paragraphs above.

44. By contacting or attempting to contact “subscribers” in Indiana, as defined in Ind.

Code § 24-5-14-4, by telephone, Defendants are “callers,” as defined by Ind. Code § 24-5-14-2.

45. Of the telephone calls described above, all 40 were reported to be “robocalls,”

meaning they were made by an automated dialing-announcing device, as defined by Ind. Code

§ 24-5-14-1, and disseminated a prerecorded voice message.

46. The recipients of the prerecorded messages did not knowingly or voluntarily

request, consent, permit or authorize receipt of the messages.

47. The prerecorded messages were not preceded by a live operator who could have

obtained the recipients’ consent before the messages were delivered.

48. By using or connecting an automatic dialing-announcing device to one or more

telephone lines in Indiana and disseminating prerecorded voice messages absent the required

consent or authorization, Defendants violated the Auto-Dialer Act, Ind. Code § 24-5-14-5(b).

49. Defendants made at least 40 robocalls, therefore, Defendants committed at least

40 violations of the Auto-Dialer Act, or 40 deceptive acts.

50. Upon information and belief, the Defendants committed the above-described

violations knowingly.

51. Defendants are subject to remedies and penalties provided under Ind. Code § 24-

5-14-13 and Ind. Code § 24-5-0.5-4, which include: injunction; voiding or limiting the

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application of contracts and restitution to aggrieved consumers; payment of a civil penalty up to

$5,000 per violation; and payment of the reasonable costs of the attorney general’s investigation

and prosecution related to the action.

52. Plaintiff asserts a general allegation regarding additional violations of the Auto-

Dialer Act committed by Defendants with respect to as yet unidentified Indiana consumers who

may be identified during the course of this litigation and incorporates all associated legitimate

claims herein by reference.

COUNT III: AMERICAN HEALTH SERVICES, LLC’S

VIOLATION OF IND. CODE § 23-0.5-5-2

53. The Plaintiff realleges and incorporates by reference the allegations contained in

all paragraphs above.

54. By contacting or attempting to contact Indiana residents to offer insurance

products or services, AHS was doing or transacting business in Indiana.

55. AHS is a Maryland limited liability company.

56. Ind. Code § 23-0.5-5-2 provides that “[a] foreign filing entity may not do business

in Indiana until it registers with the [Indiana] secretary of state under this article.”

57. AHS is a foreign filing entity as defined by Ind. Code § 23-0.5-1.5-11.

58. As of the date of this Complaint, AHS has not registered with the Indiana

Secretary of State.

59. Ind. Code § 23-0.5-5-2(f) provides that “[a] foreign filing entity is liable for a

civil penalty of not more than ten thousand dollars ($10,000) if it transacts business in Indiana

without a certificate of authority. The attorney general may collect all penalties due under this

subsection.”

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 60. Ind. Code § 23-0.5-5-14 provides that “[t]he attorney general may maintain an

action to enjoin a foreign filing entity from doing business in Indiana in violation of this article.”

RELIEF SOUGHT

WHEREFORE, the Plaintiff, State of Indiana, requests that the Court enter Judgment

against Defendants, as follows:

a. Permanently enjoining Defendants, their agents, representatives, employees,

successors, assigns, and any other person acting on behalf of any Defendant

from engaging in deceptive acts prohibited by Indiana law, including

specifically:

1) Making or causing to be made telephone sales calls to telephone

numbers on the Indiana DNC List in violation of the TSCA, Ind. Code §
24-4.7-4-1; and

2) Making or causing to be made telephone calls via an automatic-dialing

device and disseminating a prerecorded message in violation of the
Auto-Dialer Act, Ind. Code § 24-5-14-5(b).

b. Ordering Defendants to pay to the Office of the Attorney General any and all

money Defendants obtained through any violations of the TSCA, Ind. Code 24-

4.7-4, or the Auto-Dialer Act, Ind. Code 24-5-14;

c. Pursuant to Ind. Code § 24-5-0.5-4(d), voiding Defendants’ unlawful contracts

or agreements with any and all Indiana consumers;

d. Ordering Defendants, jointly and severally, to pay civil penalties of $10,000 for

the first violation and $25,000 for each subsequent violation of the TSCA, Ind.

Code 24-4.7-4-1;

e. Ordering Defendants, jointly and severally, to pay civil penalties in the amount

of up to $5,000 for each violation of the Auto-Dialer Act, Ind. Code § 24-5-14-

5;

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f. Pursuant to Ind. Code § 23-0.5-5-2(f), imposing upon AHS a civil penalty of

$10,000 for transacting business in Indiana without obtaining a certificate of

authority from the Indiana Secretary of State;

g. Awarding the Office of Indiana Attorney General its reasonable costs incurred

in the investigation and prosecution of this matter, pursuant to Ind. Code § 24-

4.7-5-2(4) and Ind. Code § 24-5-0.5-4(c)(4); and

h. Awarding all other just and proper relief.

Respectfully submitted,

CURTIS T. HILL, JR.

Attorney General of Indiana
Atty. No. 13999-20

By: /s/Marguerite M. Sweeney

Marguerite M. Sweeney
Deputy Attorney General
Atty. No. 2052-49
Office of the Attorney General
302 West Washington St., 5 th Floor
Indianapolis, Indiana 46204
Tel: (317) 232-1011
Email: msweeney@atg.in.gov

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