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WEATHERMAN v. GARY-WHEATON BANK

No. 83822.

713 N.E.2d 543 (1999)

186 Ill.2d 472

239 Ill.Dec. 12

Phyllis J. WEATHERMAN et al., Indiv. and on Behalf of all Others Similarly Situated, Appellees, v. GARY-WHEATON BANK OF FOX VALLEY, N.A., n/k/a The First National Bank of Chicago, N.A., Appellant.

Supreme Court of Illinois.

June 17, 1999.

Attorney(s) appearing for the Case

Lynn A. Goldstein, The First National Bank of Chicago, Chicago, for First Nat. Bank of Chicago.

Jonathan Nachsin, Krislov & Associates, Ltd., Chicago, for Phyllis J. Weatherman.

Bruce J. Baker, Schiff Hardin & Waite, Chicago, for Amicus Curiae, Ill. Bankers Assoc.

James E. Trausch, Jaros, Tittle & O'Toole, Chicago, for Amicus Curiae, Ill. Mortgage Bankers Assoc.

Justice BILANDIC delivered the opinion of the court:

The issues presented in this appeal center on whether a lender violated the Illinois Consumer Fraud and Deceptive Business Practices Act (hereinafter Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 1992)) by charging loan applicants a mortgage assignment recording fee and a tax escrow suspension fee.

BACKGROUND

In October of 1992, plaintiffs...

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