Radiology practices tap anti-SLAPP law, claim billing vendor’s lawsuit meant to intimidate providers

A group of radiology practices is invoking its state’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, claiming a billing vendor is attempting to silence critics via litigation.

California Managed Imaging first filed suit against Zotec Partners in July, stating it experienced ongoing payment issues caused by “gross misconduct” on the part of the Carmel, Indiana-based vendor. The company responded by countersuing in August, calling CMI’s claim a “smokescreen” to hide the provider group’s own violation of a business agreement.

Radiologists have responded by accusing Zotec of attempting to stifle their legally protected ability to speak about billing concerns. CMI and its attorneys allege that, after they shared their concerns, Zotec “retaliated with a vengeance” and “wrongfully interfered” with compliance investigations and data access as the group attempted to deal with its billing challenges. They also believe Zotec was “exacting retribution” after CMI switched its billing management to Collaborative Imaging, a company that provides similar services and was founded by a former Zotec employee.

“Ironically, Zotec was so focused on ‘sending a message’ with this over-the-top cross-complaint that it pled claims that arise from the exercise of protected speech,” said CMI—a collaboration of practices including Pueblo Radiology, Modesto Radiological Medical Group, San Luis Imaging and Radiology Associates of San Luis Obispo—in its October court filing.