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HEASTIE v. COMMUNITY BANK OF GREATER PEORIA
December 13, 1989
ROSETTA HEASTIE, Plaintiff,
COMMUNITY BANK OF GREATER PEORIA; COMMUNITY FINANCIAL SERVICES, INC.; and U. S. SATELLITE SYSTEMS, INC., Defendants
Marvin E. Aspen, United States District Judge.
The opinion of the court was delivered by: ASPEN
MARVIN E. ASPEN, UNITED STATES DISTRICT JUDGE
Rosetta Heastie filed this class action against the Community Bank of Greater Peoria, Community Financial Services, Inc. and U.S. Satellite Systems, Inc. On September 7, 1989, we granted partial summary judgment in favor of Heastie and other members of the class. Because we lacked sufficient information to render judgment with respect to the remaining members of the class, we ordered the parties to submit statements of fact, pursuant to local Rules 12(l) and 12(m). Having received the parties' joint statement of facts, we grant summary judgment in favor of the additional class members described below.
Heastie and other members of the class received documents from Community Bank which included a non-responsibility clause. This clause contained the following language; "I (We) understand that the selection of the dealer and the acceptance of the materials used and the work performed is my (our) responsibility and that the financial institution does not guarantee the material or workmanship or inspect the work performed." In her motion for summary judgment, Heastie argued that this provision violated the Consumer Fraud Act. We agreed and granted summary judgment in favor of Heastie and those members of the class who dealt with U.S. Satellite.
When we issued our earlier opinion, 727 F. Supp. 1133 there was no evidence as to whether the members of the class who were referred to Community Bank by other entities had also been given credit agreements that included the illegal non-responsibility clause. However, pursuant to our order, the parties have submitted a statement of facts which includes a list of home improvement contractors that had referral agreements with Community Bank. Consumers who transacted business with these contractors and obtained financing from Community Bank received a document with a non-responsibility provision identical to the provision which we held to violate the Consumer Fraud Act. A list of these contractors is attached as an Appendix to this order. In accordance with our order of September 7, 1989, we grant summary judgment in favor of those class members who transacted business with these contractors, obtained financing from Community Bank and received a document containing the non-responsibility provision. It is so ordered.
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