Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

CE Design Ltd. v. C&T Pizza, Inc.

Court of Appeals of Illinois, First District, Sixth Division

May 8, 2015

CE DESIGN LTD., an Illinois Corporation, Individually and as the Representative of a Class of Similarly Situated Persons, Plaintiff-Appellee,
v.
C& T PIZZA, INC., Defendant-Appellant

Page 151

[Copyrighted Material Omitted]

Page 152

[Copyrighted Material Omitted]

Page 153

Appeal from the Circuit Court of Cook County. 06 CH 27638 . Honorable Rita M. Novak, Judge Presiding.

For Appellant: James K. Borcia, Ryan Taylor, TRESSLER LLP, Chicago, IL.

For Appellee: Phillip A. Bock, Robert M. Hatch, Jonathan B. Piper, BOCK & HATCH LLC, Chicago, IL; Brian J. Wanca, ANDERSON WANCA, Rolling Meadows, IL.

JUSTICE HALL delivered the judgment of the court, with opinion. Justices Lampkin and Rochford concurred in the judgment and opinion.

OPINION

HALL, JUSTICE

Page 154

[¶1] In this interlocutory appeal, defendant C& T Pizza, Inc., appeals a circuit court order granting plaintiff CE Design Ltd., class certification in an action alleging, inter alia, violation of the federal Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227(b)(1)(C) (2006)), which makes it unlawful to " use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement." Defendant raises several arguments as to why it believes the circuit court abused its discretion in certifying the class. We address the arguments in turn and find no merit in them.

[¶2] BACKGROUND

[¶3] Defendant C & T Pizza, Inc., doing business as Great Chicago Pizza, is a small company operating a pizza delivery restaurant in Schaumburg, Illinois. In March 2006, a fax broadcaster doing business as Business to Business Solutions (B2B) sent a fax to defendant advertising its services. B2B is a company based in New York and run by Caroline Abraham, who works with a Romanian company known as Macaw (also Maxileads), to send fax advertisements in the United States. See CE Design Ltd. v. Cy's Crabhouse North, Inc., 259 F.R.D. 135, 137 (N.D.Ill. 2009). Defendant's owner, Joseph Cianciolo, responded to B2B's advertisement and ultimately hired the company to advertise his Pizza business.

[¶4] Cianciolo consulted with B2B to create a fax advertisement and filled out a document from B2B with information and details about his pizza business. B2B took the information provided by Cianciolo and created an advertisement for the business. Defendant paid B2B $268 to send out 5,000 fax advertisements. B2B planned on transmitting the fax advertisements to zip codes and area codes near Cianciolo's pizza business. On May 4, 2006, B2B faxed defendant's advertisement to 2,765 fax numbers, of which 1,935 were successfully ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.