G.M. Sign, Inc. v. Swiderski Electronics, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (2d) 130711
Decision Date: 
August 12, 2014
District: 
2d Dist.
Division/County: 
McHenry Co.
Justice: 
JORGENSEN
Holding: 
Reversed in part and vacated in part; remanded.
Class action alleging that Defendants sent unsolicited fax advertisements in violation of Telephone Consumer Protection Act. 12-day time limit in Defendants' settlement offer rendered its tender a conditional offer. Under the offer's terms, once the 12-day period expired, tender could not be effected, as time limit was a material condition of offer as it had effect of revoking or terminating the offer before court ruled on motion to dismiss. A tender must be unconditional to moot a plaintiff's claim.(BURKE and McLAREN, concurring.)