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FIRST CAPITAL MORTG. v. UNION FEDERAL BANK

No. 1-06-0459.

872 N.E.2d 84 (2007)

FIRST CAPITAL MORTGAGE CORPORATION, Plaintiff-Appellant, v. UNION FEDERAL BANK OF INDIANAPOLIS, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

June 29, 2007.

Attorney(s) appearing for the Case

John J. Lydon, Gomberg, Sharfman, Gold & Olster, P.C., Chicago, for Appellant.

Martin W. McManaman, Mehreen S. Sherwani, Lowis & Gellen LLP, Chicago, and Thomas A. Herr, Michael H. Michmerhuizen, Barrett & McNagny LLP, Fort Wayne, for Appellee.

Justice McNULTY delivered the opinion of the court:

Must Illinois courts allow a private right of action under a federal statute that provides for such a right? The Telephone Consumer Protection Act of 1991 (the Act) (47 U.S.C. § 227(b)(3) (2000)) establishes a private right of action for its violation "if otherwise permitted" by state court rules. We hold that the Act requires Illinois courts to allow a private right of action unless a neutral rule of judicial...

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