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HEASTIE v. COMMUNITY BANK OF GREATER PEORIA

December 13, 1989

ROSETTA HEASTIE, Plaintiff,
v.
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.

 Community Bank extended credit to various consumers under referral arrangements. Heastie's relationship with Continental is illustrative. A U.S. Satellite representative convinced Heastie to buy a satellite dish. However, she did not have the $ 4,000 purchase price. Although U.S. Satellite told Heastie that it would "look" for a source of credit, it had previously entered into a agreement to refer individuals seeking credit to Community Bank. Community Bank had similar referral agreements with other entities.

 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.

 DATED December 13, 1989

 APPENDIX

 U.S. Satellite

 Midland Climatrol

 Better Built

 Facelifters

 Budget Lumber

 City Home Services

 Sharp Garages

 Continental Communications

 Steveco Construction

 Alumaside

 Celebrity Builders

 Parliment Builders

 Cory Construction

 Greystone

 Ulrich Plumbing

 All General

 Dunrite

 Image Entertainment

 Supreme

 New Look Construction

 Fortune Lumber

 L. & S. Building Supply

 Crown Construction

 Empire Carpets

 Classic Construction

 Father & Son

 A to Z Electric

 State Farm Construction

 Thriftway Construction

 Allied Craft

 Mid City

 Mark 5 Roofing

 City & Suburban

 Supreme Aluminum

 B. & B. Hardware

 Trans Continental Satellite ...


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