IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PODIATRY IN MOTION, INC., )

on behalf of Plaintiff and )

the class members defined herein, )

)

Plaintiff, )

)

v. )

)

INTERVIEWING SERVICE OF AMERICA, )

LLC, and JOHN DOES 1-10, )

)

Defendants. )

COMPLAINT – CLASS ACTION

MATTERS COMMON TO MULTIPLE COUNTS

INTRODUCTION

1. Plaintiff Podiatry in Motion, Inc., brings this action to secure redress for the

actions of Defendant Interviewing Service of America, LLC, in sending or causing the sending

of unsolicited advertisements to telephone facsimile machines in violation of the Telephone

Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), and the common law.

2. The TCPA expressly prohibits unsolicited fax advertising. Unsolicited fax

advertising damages the recipients. The recipient is deprived of its paper and ink or toner and

the use of its fax machine. The recipient also wastes valuable time it would have spent on

something else. Unsolicited faxes prevent fax machines from receiving and sending authorized

faxes, cause wear and tear on fax machines, and require labor to attempt to identify the source

and purpose of the unsolicited faxes.

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PARTIES

3. Plaintiff Podiatry in Motion, Inc., is an Illinois corporation with offices in

Chicago, Illinois, where it maintains a telephone facsimile machine that automatically prints

onto paper with ink/ toner. 

4. Defendant Interviewing Service of America, LLC is a limited liability company

organized under California law with principal offices at 15400 Sherman Way, 4th Floor, Van

Nuys, CA 91406. Interviewing Service of America, LLC does business under the tradenames

ISA, SoapBoxSample, MySoapBox, and DocThought. 

5. Defendant Interviewing Service of America, LLC, d/b/a DocThought, provides

targeted market research which includes, in part, collection and processing of data.

6. John Does 1-10 are other natural or artificial persons that were involved in the

sending of the facsimile advertisements described below. Plaintiff does not know who they are. 

JURISDICTION AND VENUE

7. This Court has jurisdiction under 28 U.S.C. §§1331 and 1367. Mims v. Arrow

Financial Services, LLC, 132 S. Ct. 740, 751-53 (2012); Brill v. Countrywide Home Loans, Inc.,

427 F.3d 446 (7th Cir. 2005). 

8. Personal jurisdiction exists under 735 ILCS 5/2-209, in that Defendant:

a. Has committed tortious acts in Illinois by causing the transmission of

unlawful communications into the state.

b. Has transacted business in Illinois.

9. Venue in this District is proper for the same reason.

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FACTS

10. In June 2016, Podiatry in Motion, Inc., received an unsolicited fax

advertisement attached as Exhibit A on its facsimile machine. The fax offered to purchase

participation in a survey in exchange for an Amazon gift card. 

11. Such faxes are advertisements subject to the TCPA. Fischbein v. Olson 

Research Grp., Inc., No. 19-3018, 2020 WL 2505178 (3d Cir. May 15, 2020).

12. “DocThought” is a trade name of Interviewing Service of America, LLC.

 13. Discovery may reveal the transmission of additional faxes as well. 

14. Defendant Interviewing Service of America, LLC is responsible for sending or

causing the sending of the fax.

15. Defendant Interviewing Service of America, LLC derived economic benefit

from the sending of the fax.

16. Defendant Interviewing Service of America, LLC either negligently or wilfully

violated the rights of Plaintiff and other recipients in sending the faxes. 

17. Plaintiff had no prior relationship with Defendant and had not authorized the

sending of fax advertisements to Plaintiff.

18. On information and belief, the fax attached hereto was sent as part of a mass

broadcasting of faxes.

19. On information and belief, Defendant has transmitted similar unsolicited fax

advertisements to at least 40 other persons in Illinois.

20. There is no reasonable means for Plaintiff or other recipients of Defendant’s

unsolicited advertising faxes to avoid receiving illegal faxes. Fax machines must be left on and

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ready to receive the urgent communications authorized by their owners.

COUNT I – TCPA

21. Plaintiff incorporates ¶¶ 1-20. 

22. The TCPA makes unlawful the “use of any telephone facsimile machine, 

computer or other device to send an unsolicited advertisement to a telephone facsimile machine

...” 47 U.S.C. §227(b)(1)(C).

23. The TCPA, 47 U.S.C. §227(b)(3), provides:

Private right of action.

A person or entity may, if otherwise permitted by the laws or rules of court

of a State, bring in an appropriate court of that State–

(A) an action based on a violation of this subsection or the regulations

prescribed under this subsection to enjoin such violation,

(B) an action to recover for actual monetary loss from such a

violation, or to receive $500 in damages for each such violation,

whichever is greater, or

(C) both such actions.

If the Court finds that the defendant willfully or knowingly violated this

subsection or the regulations prescribed under this subsection, the court

may, in its discretion, increase the amount of the award to an amount equal

to not more than 3 times the amount available under the subparagraph (B) of

this paragraph.

24. Plaintiff and each class member suffered damages as a result of receipt of the

unsolicited faxes, in the form of paper and ink or toner consumed as a result. Furthermore,

Plaintiff’s statutory right of privacy was invaded.

25. Plaintiff and each class member is entitled to statutory damages.

26. Defendant violated the TCPA even if its actions were only negligent.

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27. Defendant should be enjoined from committing similar violations in the future.

CLASS ALLEGATIONS

28. Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), Plaintiff brings this claim on behalf of 

a class, consisting of (a) all persons (b) who, on or after a date four years prior to the filing of

this action (28 U.S.C. §1658), (c) were sent faxes by or on behalf of Defendant Interviewing

Service of America, LLC seeking participants in surveys or focus groups for compensation (d) 

where Defendant does not have evidence of consent or an established business relationship prior

to the sending of the faxes.

29. The class is so numerous that joinder of all members is impractical. Plaintiff

alleges on information and belief that there are more than 40 members of the class.

30. There are questions of law and fact common to the class that predominate over 

any questions affecting only individual class members. The predominant common questions

include:

a. Whether Defendant engaged in a pattern of sending unsolicited fax

advertisements;

b. The manner in which Defendant compiled or obtained its list of fax

numbers;

c. Whether Defendant thereby violated the TCPA.

31. Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has

retained counsel experienced in handling class actions and claims involving unlawful business

practices. Neither Plaintiff nor Plaintiff's counsel have any interests which might cause them not

to vigorously pursue this action. 

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32. Plaintiff’s claims are typical of the claims of the class members. All are based on

the same factual and legal theories.

33. A class action is the superior method for the fair and efficient adjudication of this

controversy. The interest of class members in individually controlling the prosecution of

separate claims against Defendant is small because it is not economically feasible to bring

individual actions.

34. Numerous courts have certified class actions under the TCPA. Holtzman v.

Turza, 08cv2014, 2009 WL 3334909 (N.D.Ill. Oct. 14, 2009), aff’d in part, rev’d in part,

vacated in part, 728 F.3d 682 (7th Cir. 2013); Ballard RN Center, Inc. v. Kohll's Pharmacy and

Homecare, Inc. 2015 IL 118644, 48 N.E.3d 1060; American Copper & Brass, Inc. v. Lake City

Indus. Products, Inc., 757 F.3d 540, 544 (6th Cir. 2014); In re Sandusky Wellness Center, LLC,

570 Fed.Appx. 437, 437 (6th Cir. 2014); Sandusky Wellness Center, LLC v. Medtox Scientific,

Inc., 821 F.3d 992, 998 (8th Cir. 2016); Sadowski v. Med1 Online, LLC, 07cv2973, 2008 WL

2224892 (N.D.Ill. May 27, 2008); CE Design Ltd. v. Cy’s Crabhouse North, Inc., 259 F.R.D.

135 (N.D.Ill. 2009); Targin Sign Systems, Inc. v. Preferred Chiropractic Center, Ltd., 679

F.Supp.2d 894 (N.D.Ill. 2010); Garrett v. Ragle Dental Laboratory, Inc., 10cv1315, 2010 WL

4074379 (N.D.Ill. Oct. 12, 2010); Hinman v. M&M Rental Center, Inc., 545 F.Supp.2d 802

(N.D.Ill. 2008); G.M. Sign, Inc. v. Group C Communications, Inc., 08cv4521, 2010 WL 744262

(N.D.Ill. Feb. 25, 2010); Kavu, Inc. v. Omnipak Corp., 246 F.R.D. 642 (W.D.Wash. 2007);

Display South, Inc. v. Express Computer Supply, Inc., 961 So.2d 451, 455 (La.App. 2007);

Display South, Inc. v. Graphics House Sports Promotions, Inc., 992 So.2d 510 (La.App. 2008);

Lampkin v. GGH, Inc., 146 P.3d 847 (Ok.App. 2006); ESI Ergonomic Solutions, LLC v. United

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Artists Theatre Circuit, Inc., 203 Ariz. 94, 50 P.3d 844 (2002); Core Funding Group, LLC v.

Young, 792 N.E.2d 547 (Ind.App. 2003); Critchfield Physical Therapy v. Taranto Group, Inc.,

293 Kan. 285, 263 P.3d 767 (2011); Karen S. Little, L.L.C. v. Drury Inns, Inc., 306 S.W.3d 577

(Mo.App. 2010); Lindsay Transmission, LLC v. Office Depot, Inc., 4:12cv221, 2013 WL

275568 (E.D.Mo. Feb. 24, 2013).

35. Management of this class action is likely to present significantly fewer difficulties

that those presented in many class actions, e.g. for securities fraud.

WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff and

the class and against Defendant for:

a. Actual damages;

b. Statutory damages;

c. An injunction against the further transmission of unsolicited fax

advertising;

d. Costs of suit;

e. Such other or further relief as the Court deems just and proper.

COUNT II – CONVERSION

36. Plaintiff incorporates ¶¶ 1-20.

37. By sending Plaintiff and the class members unsolicited faxes, Defendant

converted to its own use ink or toner and paper belonging to Plaintiff and the class members.

38. Immediately prior to the sending of the unsolicited faxes, Plaintiff and the class

members owned and had an unqualified and immediate right to the possession of the paper and

ink or toner used to print the faxes.

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39. By sending the unsolicited faxes, Defendant appropriated to its own use the

paper and ink or toner used to print the faxes and used them in such manner as to make them

unusable. Such appropriation was wrongful and without authorization. 

40. Defendant knew or should have known that such appropriation of the paper and

ink or toner was wrongful and without authorization. 

41. Plaintiff and the class members were deprived of the paper and ink or toner, 

which could no longer be used for any other purpose. Plaintiff and each class member thereby

suffered damages as a result of receipt of the unsolicited faxes.

42. Defendant should be enjoined from committing similar violations in the future.

CLASS ALLEGATIONS

43. Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), Plaintiff brings this claim on behalf of 

a class, consisting of (a) all persons with Illinois fax numbers (b) who, on or after a date five

years prior to the filing of this action, (c) were sent faxes by or on behalf of Defendant

Interviewing Service of America, LLC , seeking participants in surveys or focus groups for

compensation (d) where Defendant does not have evidence of consent or an established business

relationship prior to the sending of the faxes.

44. The class is so numerous that joinder of all members is impractical. Plaintiff

alleges on information and belief that there are more than 40 members of the class.

45. There are questions of law and fact common to the class that predominate over 

any questions affecting only individual class members. The predominant common questions

include:

a. Whether Defendant engaged in a pattern of sending unsolicited fax

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advertisements;

 b. Whether Defendant thereby converted the property of Plaintiff.

46. Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has

retained counsel experienced in handling class actions and claims involving unlawful business

practices. Neither Plaintiff nor Plaintiff’s counsel have any interests which might cause them not

to vigorously pursue this action. 

 47. Plaintiff’s claims are typical of the claims of the class members. All are based on

 the same factual and legal theories.

 48. A class action is the superior method for the fair and efficient adjudication of this

controversy. The interest of class members in individually controlling the prosecution of

separate claims against Defendant is small because it is not economically feasible to bring

individual actions.

 49. Management of this class action is likely to present significantly fewer difficulties

that those presented in many class actions, e.g. for securities fraud.

WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff and

the class and against Defendant for:

a. Appropriate damages;

b. An injunction against the further transmission of unsolicited fax

advertising;

c. Costs of suit;

d. Such other or further relief as the Court deems just and proper.

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COUNT III – TRESPASS TO CHATTELS

50. Plaintiff incorporates ¶¶ 1-20. 

51. Plaintiff and the class members were entitled to possession of the equipment they

used to receive faxes.

52. Defendant’s sending Plaintiff and the class members unsolicited faxes interfered

with their use of the receiving equipment and constitutes a trespass to such equipment. Chair

King v. Houston Cellular, 95cv1066, 1995 WL 1693093 at *2 (S.D. Tex. Nov. 7, 1995) (denying

a motion to dismiss with respect to plaintiff's trespass to chattels claim for unsolicited faxes),

vacated on jurisdictional grounds 131 F.3d 507 (5th Cir. 1997).

53. Defendant acted either intentionally or negligently in engaging in such conduct.

54. Plaintiff and each class member suffered damages as a result of receipt of the

unsolicited faxes.

55. Defendant should be enjoined from continuing trespasses.

CLASS ALLEGATIONS

56. Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), Plaintiff brings this claim on behalf of 

a class, consisting of (a) all persons with Illinois fax numbers (b) who, on or after a date five

years prior to the filing of this action, (c) were sent faxes by or on behalf of Defendant

Interviewing Service of America, LLC , seeking participants in surveys or focus groups for

compensation (d) where Defendant does not have evidence of consent or an established business

relationship prior to the sending of the faxes.

57. The class is so numerous that joinder of all members is impractical. Plaintiff

alleges on information and belief that there are more than 40 members of the class.

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58. There are questions of law and fact common to the class that predominate over 

any questions affecting only individual class members. The predominant common questions

include:

a. Whether Defendant engaged in a pattern of sending unsolicited fax

advertisements;

b. Whether Defendant thereby committed a trespass to chattels.

59. Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has

retained counsel experienced in handling class actions and claims involving unlawful business

practices. Neither Plaintiff nor Plaintiff’s counsel have any interests which might cause them not

to vigorously pursue this action. 

 60. Plaintiff’s claims are typical of the claims of the class members. All are based on

 the same factual and legal theories.

 61. A class action is the superior method for the fair and efficient adjudication of this

controversy. The interest of class members in individually controlling the prosecution of

separate claims against Defendant is small because it is not economically feasible to bring

individual actions.

 62. Management of this class action is likely to present significantly fewer difficulties

that those presented in many class actions, e.g. for securities fraud.

WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff and

the class and against Defendant for:

a. Appropriate damages;

b. An injunction against the further transmission of unsolicited fax

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advertising;

c. Costs of suit;

d. Such other or further relief as the Court deems just and proper.

/s/ Daniel A. Edelman

Daniel A. Edelman

Daniel A. Edelman

Cathleen M. Combs

Dulijaza Clark

EDELMAN, COMBS, LATTURNER & GOODWIN, LLC

20 S. Clark Street, Suite 1500

Chicago, Illinois 60603

(312) 739-4200

(312) 419-0379 (FAX)

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NOTICE OF LIEN AND ASSIGNMENT

 Please be advised that we claim a lien upon any recovery herein for 1/3 or such amount as

a court awards. All rights relating to attorney’s fees have been assigned to counsel.

/s/ Daniel A. Edelman

Daniel A. Edelman

Daniel A. Edelman

EDELMAN, COMBS, LATTURNER

& GOODWIN, LLC

20 S. Clark Street, Suite 1500

Chicago, Illinois 60603

(312) 739-4200

(312) 419-0379 (FAX)

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EXHIBIT A

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