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TRAVEL 100 GROUP v. MEDITERRANEAN SHIPPING

No. 1-06-3744.

889 N.E.2d 781 (2008)

TRAVEL 100 GROUP, INC., on Behalf of Itself and All Others Similarly Situated, Plaintiff-Appellant, v. MEDITERRANEAN SHIPPING COMPANY (USA) INC., d/b/a MSC Cruises, a Corporation Organized Under the Laws of the State of New York, Defendant-Appellee (Mediterranean Shipping Company (USA) Inc., Third-Party Plaintiff; Captaris, Inc., Third-Party Defendant).

Appellate Court of Illinois, First District, Fifth Division.

May 30, 2008.

Attorney(s) appearing for the Case

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.

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

Justice GALLAGHER delivered the opinion of the court:

Plaintiff Travel 100 Group, Inc., appeals the circuit court's entry of summary judgment for defendant Mediterranean Shipping Company (USA), Inc., (MSC) on Travel 100's complaint seeking damages under the Telephone Consumer Protection Act of 1991 (the TCPA) (47 U.S.C. § 227 (2000)) for advertisements sent to Travel 100 by facsimile. For the reasons that follow, we affirm.

BACKGROUND

This appeal...

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