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WELLINGTON HOMES, INC. v. WEST DUNDEE CHINA

No. 2-12-0740.

984 N.E.2d 554 (2013)

2013 IL App (2d) 120740

368 Ill. Dec. 608

WELLINGTON HOMES, INC., Individually and as the Representative of a Class of Similarly Situated Persons, Plaintiff-Appellee, v. WEST DUNDEE CHINA PALACE RESTAURANT, INC., Ahmad Azmi, and Tehmina Azmi, Defendants-Appellants.

Appellate Court of Illinois, Second District.

Rehearing Denied March 13, 2013.

Attorney(s) appearing for the Case

Edward K. Grasse and Christopher D. Willis , Busse, Busse & Grasse, PC, Chicago, IL, for Appellants.

Brian J. Wanca , David M. Oppenheim , Anderson & Wanca, Rolling Meadows, James A. Bock , Robert M. Hatch , James M. Smith , Bock & Hatch, LLC, Chicago, IL, for Appellee.

OPINION

Justice ZENOFF delivered the judgment of the court, with opinion.

¶ 1 The federal Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227 (2006)) prohibits, among other things, the use of "any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement." 47 U.S.C. § 227(b)(1)(C) (2006). In addition to permitting state attorneys general and the Federal Communications...

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