Opinion
No. 88 C 0358.
December 13, 1989.
Daniel A. Edeman, Chicago, Ill., for plaintiff.
Peter B. Carey, Chicago, Ill., for defendants.
MEMORANDUM OPINION AND ORDER
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 nonresponsibility 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.
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 Systems Hallmark Imperial Roofing Affordable Awning County Lumber Brothers Home Improvements Cavalier Mega Construction Windy City Professional Home Improvements Alard Home Improvements A to Z Electric Abode Construction, Inc. Affordable Awning Co. Air Satellite Systems, Inc. Allied Crafts American Building Products, Inc. American Remodeling Home Improvement Astro Aluminum Award Lumber Construction Co., Inc. Beneficial Construction Co. Bild-It Construction Co., Inc. B H Construction Co., Inc. Budget Lumber Construction Budlong Builders, Inc. Cavalier Satellite Systems, Inc. Celebrity Builders, Inc. Clover Enterprises Correct General Contractors Cory Construction Courtesy Home Improvement Economy Home Improvement E.V.C. Enterprises 1st Chicago Builders 1st City Builders Fortune Lumber Co. Globe Builders Hallmark Builders Hi-quality Builders H.M. Levin Co. Image Entertainment Systems Landmark Builders Lester's Construction Co. Midwest Exteriors Modern General Contractors Mr. Build Lud Contractors Newlook Construction Corp. Parliament Builders, Inc. Sharel Interiors, Inc. Stone Construction Co. Thermalcraft, Inc. Thriftway Lumber Construction Town Country Home Products Monarch Builders, Inc. Unique Contractors U.S. Satellite Systems Scott Walton Associates Wilson Builders Allstate Construction, Inc. Alpha-Beta Construction Co. Budget Lumber Construction Gold Construction Diamond Remodeling 4 Seasons B. H. Construction American Remodeling Modern General Monarch Builders Economy Home Chicago Lumber Construction Paul Construction Correct General 2nd City Construction Ideal Construction 1st Chicago Builders John's Carpenter Service Davenport Construction Wilson Builders Wieboldt's Home Improvements Co. Alard Home Improvements Complete Homes A-1 Lumber Eagle Builders Kabinet Works J. H. Construction Century Home Improvements Bud Long Builders Northern Illinois Vinyl Chicagoland Aluminum Bell Remodeling Brothers Home Improvements Sheets Roofing Budget Construction Polcon Builders Foster Builders, Inc. Globe Builders Zell Construction Beneficial Construction Correct General Contractors True Value Construction Alpha Construction Homemakers Remodeling Dockett Sewer Satellite City Domen Construction All-American Aluminum