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ITALIA FOODS, INC. v. SUN TOURS, INC.

No. 2-08-1148.

927 N.E.2d 682 (2010)

ITALIA FOODS, INC., Indiv. and as the Representative of a Class of Similarly Situated Persons, Plaintiff-Appellee, v. SUN TOURS, INC., d/b/a Hobbit Travel, and Paul Grosso, Defendants-Appellants.

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing April 5, 2010.

Attorney(s) appearing for the Case

Michael D. Richman, Henry Pietrkowski, Reed Smith LLP, Chicago, IL; Charles W. Smith, Smith & LaLuzerne, Ltd., Waukegan, IL, for Paul Grosso, Sun Tours, Inc.

Philip A. Bock, Robert M. Hatch, Bock & Hatch, LLC, Chicago, IL; Brian J. Wanca, Ryan M. Kelly, Anderson & Wanca, Rolling Meadows, IL, for Italia Foods, Inc.

Modified Upon Denial of Rehearing

Justice JORGENSEN delivered the opinion of the court:

I. INTRODUCTION

In this interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill.2d R. 308), we are asked to answer three certified questions:

"(1) Does the language and purpose of the federal Telephone Consumer Protection Act [(TCPA) (47 U.S.C. § 227 (2000))1] require that the Illinois General Assembly enact...

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