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LADY DI'S, INC. v. ENHANCED SERVICES BILLING, INC.

No. 10-3903.

654 F.3d 728 (2011)

LADY DI'S, INC., Plaintiff-Appellant, v. ENHANCED SERVICES BILLING, INC. and ILD Telecommunications, Inc. d/b/a ILD Teleservices, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 2011.

Attorney(s) appearing for the Case

Scott D. Gilchrist (argued), Attorney, Cohen & Malad, Indianapolis, IN, for Plaintiff-Appellant.

Dina M. Cox (argued), Attorney, Lewis Wagner, LLP, Daniel R. Roy , Attorney, Baker & Daniels LLP, Indianapolis, IN, for Defendants-Appellees.

Before ROVNER and HAMILTON, Circuit Judges, and LEFKOW, District Judge.

HAMILTON, Circuit Judge.

Plaintiff Lady Di's, Inc. alleged in this proposed class action that defendants Enhanced Services Billing, Inc. ("ESBI") and ILD Telecommunications, Inc. are billing aggregators engaged in "cramming" by placing unauthorized charges on customers' telephone bills. The plaintiff alleged that the defendants arranged to have unauthorized charges placed on its telephone bill and, in the six years before...

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