
    Rosetta HEASTIE, Plaintiff, v. COMMUNITY BANK OF GREATER PEORIA; Community Financial Services, Inc.; and U.S. Satellite Systems, Inc., Defendants.
    No. 88 C 0358.
    United States District Court, N.D. Illinois, E.D.
    Dec. 13, 1989.
    Daniel A. Edeman, Chicago, 111., for plaintiff.
    Peter B. Carey, Chicago, 111., for defendants.
   MEMORANDUM OPINION AND ORDER

MARVIN E. ASPEN, District Judge:

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(Z) 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-l 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

Doekett Sewer

Satellite City

Domen Construction

All-American Aluminum  