TIME WARNER ENTERTAINMENT CO. v. WHITEMAN

No. 49S02-0402-CV-47.

802 N.E.2d 886 (2004)

TIME WARNER ENTERTAINMENT COMPANY, L.P., Appellant (Defendant below), v. Kelly J. WHITEMAN and Jean Wilson, Appellees (Plaintiffs below).

Supreme Court of Indiana.

Rehearing Denied March 22, 2004.


Attorney(s) appearing for the Case

Scott D. Himsel, Brent D. Taylor, Jennifer K. Bowman, David K. Herzog, Baker & Daniels, Indianapolis, IN, Attorneys for Appellant.

Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Bingham McHale, LLP, Irwin B. Levin, Richard E. Shevitz, Scott D. Gilchrist, Cohen & Malad, P.C., Indianapolis, IN, Attorneys for Appellees.


ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 49A02-9910-CV-719.

SULLIVAN, Justice.

Two customers of a cable television company who paid the "late fees" imposed on their bills sued to get back a portion of the money they had paid, arguing that the fee imposed exceeded the cable company's cost of collection. The Court of Appeals held that they were not entitled to recover because they had made the payments voluntarily. We hold that the "voluntary...

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