Appellate Court of Illinois

Summary judgment for defendant on a complaint seeking damages under the Telephone Consumer Protection Act of 1991 for advertisements sent to plaintiff by facsimile is affirmed where: 1) the affidavit by a former employee of the plaintiff was not improperly procured since it was the result of ex parte investigations after the filing of the complaint; and 2) plaintiff approved the inclusion of its contact information in a database and its agents signed and returned documents which expressly stated that the information would be provided to travel industry suppliers.

Appellate Information

• Decided 05/30/2008
• Published 06/03/2008

Judges

• Justice GALLAGHER delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Barnow and Associates, P.C., Chicago, IL (Ben Barnow, Sharon Harris and Erich Schork, of counsel);  William J. Harte, Ltd, Chicago, IL (William J. Harte, of counsel);  Stein & Bogot Ltd., Chicago, IL (Robert J. Stein III, of counsel);  and Margulis Law Group, Chesterfield, MO (Max Margulis, of counsel), for Appellant.


• For Appellees:
  
• Locke Lord Bissell & Liddell LLP, Chicago, IL (Albert E. Fowerbaugh, Jr., Hugh S. Balsam, Michael G. Salemi, of counsel), for Appellee.