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Conflict of Laws Keyed to Brilmayer
Hall v. Sprint Spectrum L.P.
Citation:
376 Ill. App. 3d 822, 876 N.E.2d 1036, 315 Ill. Sec. 446 (2007)Facts
Defendants, Sprint Spectrum L.P. and SprintCom, Inc. (collectively referred to as “Sprint”), provided wireless communications services to millions of customers throughout the U.S. Sprint was headquartered in Overland Park, Kansas, and conducted business throughout the U.S. In June 2003, Jessica Hall, a resident of Illinois, entered into a cell phone service contract with Sprint at a Radio Shack store in Illinois. Jessica agreed to be bound to a one-year contract and to pay a $150.00 early termination fee if she did not remain a customer for a full year. Her account included two phone numbers. Jessica attempted to cancel her contract during the year, but Sprint refused to assent to the cancellation unless she paid the early termination fee twice, once for each of her phone numbers.
Jessica filed a putative class action lawsuit in the circuit court of Madison County, Illinois, alleging five causes of action including breach of contract, violation of the Kansas Consumer Protection Act, statutory fraud under the Illinois Consumer Fraud Act and other states where Sprint does business, unjust enrichment, and relief from unlawful penalties. In her first amended complaint, Jessica alleged that Sprint included a choice of law provision in all of its contracts. The trial court certified the 48-state class, including anyone who was charged an early termination fee because they cancelled their agreement before the end of the one-year term. Sprint appealed.
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