Vital Rehab Faces Lawsuit Over Unsolicited Faxes, Damages Sought

Dr. Robert Gerber has found himself at the heart of a legal battle against Vital Rehabilitation Clinics & Services, Inc. and several unidentified individuals referred to as John Does 1-10. According to Gerber, the fax promoting the defendant's services was not only unexpected but also unwelcome.

The complaint, filed on September 19, 2023, in the United States District Court for the Northern District of Illinois, Eastern Division, alleges that the defendants are responsible for sending or causing the sending of these unsolicited faxes. Gerber believes such actions have resulted in damages, including the consumption of paper, ink, and toner, a waste of time, and an invasion of privacy.

"All persons who, on or after a date four years before the filing of this action, were sent faxes by or on behalf of Defendant Vital Rehabilitation Clinics & Services, Inc. promoting its goods or services for sale, where Defendant does not have a record showing consent or an established business relationship before the sending of the faxes," are included in the class definition.

The complaint alleges that the defendants' actions violated the Telephone Consumer Protection Act (TCPA), the Illinois Consumer Fraud Act (ICFA), and common law. The TCPA, enacted in 1991, restricts telephone solicitations and the use of automated telephone equipment. The ICFA, on the other hand, is designed to protect consumers, borrowers, and business persons against fraud, unfair methods of competition, and other unfair and deceptive business practices.

The complaint further claims that the defendants' actions constitute conversion and trespass to chattels. Conversion is the unauthorized act that deprives an owner of personal property without their consent. Trespass to chattels occurs when a person intentionally interferes with another person's lawful possession of a chattel (movable personal property).

In terms of damages, Gerber seeks actual damages, statutory damages, and an injunction against further transmission of unsolicited fax advertising and the costs of the suit. The actual damages would cover the costs of paper, ink, and toner consumed by the unsolicited faxes. The statutory damages would be awarded as a penalty for violating the TCPA and ICFA.

This case serves as a reminder of the importance of consumer protection laws and the potential consequences of violating them. It also highlights the ongoing tension between businesses seeking to promote their services to a shrinking pool of customers and individuals who value their privacy and the sanctity of their personal property.