In re Illinois Bell Link-Up II and Late Charge Litigation

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 113349
Decision Date: 
June 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
PIERCE
Holding: 
Affirmed.
Class action suit was filed for damages from Illinois Bell's assessment of late payment charges on consumer bills mailed without a dated postmark. After reaching settlement, AT& T changed billing procedures, no longer dating outside of envelope with mailing date but printing string of unidentifiable numbers on the bill itself. Class counsel appealed circuit court's denial of class's motion for summary judgment and motion to enforce settlement agreement. Court properly denied class's motion for summary judgment on issue of damages, as class counsel failed to maintain his burden to show damages proximately caused by breach of settlement agreement and actual losses due to breach. (STERBA and HYMAN, concurring.)