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PULCINI v. BALLY TOTAL FITNESS CORP.

No. 1-03-3501.

820 N.E.2d 31 (2004)

353 Ill. App.3d 712

289 Ill.Dec. 523

Krista PULCINI and Nora Bucher, Individually and on Behalf of a Class of Similarly Situated Individuals, Plaintiffs-Appellants, v. BALLY TOTAL FITNESS CORPORATION, a Delaware Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

As Modified Upon Denial of Rehearing December 17, 2004.

Attorney(s) appearing for the Case

Tabet DiVito & Rothstein LLC, Chicago (Gino L. DiVito); Blim & Edelson, LLC, Chicago (John Blim, Jay Edelson), for Appellants.

Young, Rosen, Finkel & Silbert, Ltd., Chicago (Alan Rosen, Norman T. Finkel and William R. Klein), for Appellee.

Justice McNULTY delivered the opinion of the court, as modified on denial of rehearing:

Nora Bucher and Krista Pulcini (some documents in the record, including the complaint, misspell the name as Palcini) sued Bally Total Fitness Corporation, charging that their contracts with Bally violated the Physical Fitness Services Act (Fitness Act) (815 ILCS 645/1 et seq. (West 1998)) and the Automatic Contract Renewal Act (Renewal Act) (815 ILCS 601/1 et seq.

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