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PACE COMMUNICATIONS v. EXPRESS PRODUCTS

No. 2-13-1058.

18 N.E.3d 202 (2014)

2014 IL App (2d) 131058

385 Ill. Dec. 202

PACE COMMUNICATIONS SERVICES CORPORATION and Tunica Pharmacy, Inc., Individually and as the Representatives of a Class of Similarly Situated Persons, Plaintiffs and Citation Petitioners-Appellants, v. EXPRESS PRODUCTS, INC., Defendant (Cumberland Mutual Fire Insurance Company, Citation Respondent-Appellee).

Appellate Court of Illinois, Second District.

September 10, 2014.

Attorney(s) appearing for the Case

Brian J. Wanca and David M. Oppenheim , both of Anderson & Wanca, of Rolling Meadows, and Phillip A. Bock , of Bock & Hatch, LLC, of Chicago, for appellants.

James P. Moran and Stephen A. Rehfeldt , both of Mulherin, Rehfeldt & Varchetto, P.C., of Wheaton, and Michael A. Hamilton , Louis H. Kozloff , and Mark H. Rosenberg , all of Nelson Levine de Luca & Hamilton LLC, of Blue Bell, Pennsylvania, for appellee.

OPINION

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

¶ 1 Pace Communications Services Corporation and Tunica Pharmacy, Inc., represented a class of similarly situated persons (collectively, plaintiffs) in a class action (the class action) against Express Products, Inc. (Express), for, among other allegations, violations of the Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227 (2000)). Cumberland Mutual Fire...

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