Notices

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

STEPHEN KERSCHNER;  BURTON WITT;  JAMES BRILL;  JEROLD S. RAWSON, and

ACCESS CHIROPRACTIC CENTER, LTD.

d/b/a FAMILY PAIN CLINIC,   Plaintiffs,

v.

ANSWER ILLINOIS, INC.,   Defendant.

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

PLEASE READ THIS NOTICE CAREFULLY.

THIS IS NOT A NOTICE OF A LAWSUIT AGAINST YOU.

YOU MAY BENEFIT FROM READING THIS NOTICE.

IF YOU WISH TO RECEIVE A PORTION

OF THE CLASS SETTLEMENT PROCEEDS,

YOU MUST RETURN A CLAIM FORM.

WHAT THIS LAWSUIT IS ABOUT

Plaintiffs filed this action in the Circuit Court of Cook County, Illinois. On behalf of a proposed class, plaintiff alleged that the defendant, Answer Illinois, Inc. ("Answer Illinois"), violated the Telephone Consumer Protection Act, 47 U.S.C. §227 ("TCPA"), by sending unsolicited facsimile advertisements to individuals and businesses.

Answer Illinois denies plaintiffs’ allegations, and has raised defenses to plaintiffs’ claims.

The parties desire to settle this lawsuit. The judge presiding over the lawsuit granted preliminary approval of the settlement, subject to a fairness hearing which will take place on September 1, 2005 at 11:00 a.m., in Room 2508 of the Circuit Court of Cook County, Illinois, Daley Center, 50 W. Washington, Chicago, Illinois, 60602.

This notice explains the nature of the lawsuit and the terms of the settlement and informs you of your legal rights and obligations.IN ORDER TO OBTAIN MONETARY BENEFITS OF THIS SETTLEMENT, YOU MUST SUBMIT A PROOF OF CLAIM FORM AS DESCRIBED BELOW.

NO ADMISSION OF LIABILITY

By settling this lawsuit, Answer Illinois is not admitting that it has done anything wrong. Answer Illinois expressly denies that it has done anything wrong.

THE PROPOSED SETTLEMENT

Plaintiffs and Answer Illinois have agreed to the settlement described below. IF YOU WISH TO RECEIVE A PORTION OF THE SETTLEMENT PROCEEDS, YOU MUST RETURN THE PROOF OF CLAIM FORM ATTACHED AT THE END OF THIS NOTICE IN ACCORDANCE WITH THE INSTRUCTIONS IN THIS NOTICE BY AUGUST 15, 2005. If you do not wish to be part of the settlement, you must opt-out. If you return your form and the settlement is finally approved, you will be sent a check for your portion of the settlement.Recovery to Class Members.Answer Illinois agrees to pay into a Settlement Fund the total sum of $110,000.00 (the "Settlement Fund"). An incentive award to the named plaintiffs, attorney’s fees to Class Counsel in the amount discussed below and the costs of notice and class administration will be paid from the Settlement Fund. After deduction of the named plaintiffs’ incentive award, attorney’s fees and the cost of notice to potential class members and class administration, qualified class members will receive from the Settlement Fund a pro-rata share of the Settlement Fund based upon the number of valid claims submitted by class members to each class member who: (i) does not opt-out; (ii) RETURNS THE PROOF OF CLAIM FORM INDICATING THAT THEY WANT TO PARTICIPATE IN THE MONETARY BENEFITS OF THE SETTLEMENT BEFORE EXPIRATION OF THE DEADLINE; and (iii) does not have their notice returned by the Postal Service without a valid forwarding address. No class member will receive more than $500.00, regardless of the number of faxes received. In the event funds remain in the Settlement Fund after payment of all valid claims, the remainder shall be donated to a charitable organization.

Attorney’s Fees. Plaintiff’s counsel will request approval of the Court for attorneys’ fees and costs of $27,500.00. Answer Illinois will not oppose or cause to be opposed an application by plaintiffs’ counsel for attorneys’ fees and costs of $27,500.00. Plaintiffs’ counsel will not request additional fees and costs from Answer Illinois or the class.

Relief to Named Plaintiff. Answer Illinois agrees to pay $2,000.00 to each of the named plaintiffs, for a total of $10,000.00, in addition to the class recovery discussed above.

Costs. Costs associated with the notice and administration of the settlement will be paid from the Settlement Fund.

Release: Unless you exclude yourself from the Settlement, you will be part of the class. By staying in the class, all of the Court’s orders will apply to you, and you give Answer Illinois and all Answer Illinois entities, including Answer Illinois’ predecessors and successors a "release" of all claims relating to their sending of unsolicited advertisements by fax. A release means you can’t sue or be part of any other lawsuit against Answer Illinois or any other Answer Illinois entity relating in any way to their sending of unsolicited advertisements by fax ever again, including any claims about your receipt of unauthorized advertisements from any Answer Illinois entity by fax.

CLASS COUNSEL’S OPINION OF THE VALUE OF THE SETTLEMENT

In an individual action, a prevailing plaintiff may be able to recover $500 in statutory damages under the TCPA ($1500 if a willful violation is shown).

Of course, if an individual does not prevail, he will receive no payment. There have also been questions raised as to the constitutionality of the TCPA and concerning whether certain states recognize private causes of action under the TCPA.

Under certain state laws, prevailing Plaintiffs may recover lesser amounts, as some states have adopted their own statutes. Those statutes may also contain defenses which do not exist under the TCPA and which defenses may prohibit any recovery whatsoever. Despite diligent efforts, Class Counsel has not been able to establish how many or which persons or businesses received unsolicited advertisements by fax from Answer Illinois. As a result, there is doubt as to whether this case would be maintainable as a class action absent this Settlement. In the absence of this Settlement, each individual who received an unsolicited faxed advertisement would have to prosecute a lawsuit individually, and therefore lose the benefits of class representation.

For these reasons, Class Counsel believes that the settlement is fair and reasonable and that the class members should accept this settlement.

FAIRNESS HEARING

A hearing will be held on the fairness of the proposed settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement, including the amount of the award to plaintiffs’ counsel of costs and attorney’s fees. The hearing will take place on September 1, 2005 at 11:00 a.m. before Judge McGann in Room 2508 of the Richard J. Daley Center, 50 W. Washington, Chicago, Illinois, 60602. YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING UNLESS YOU PLAN TO OBJECT TO THE SETTLEMENT.

YOUR OPTIONS

1. If you wish to receive a portion of the settlement proceeds, you must complete and return the proof of claim form at the back of this notice indicating that you wish to participate in the settlement. The completed proof of claim form must be post-marked or received at the same address on or before August 15, 2005. You will be represented by the attorneys for plaintiff without additional charge. Or, if you prefer, you may enter your own appearance or ask the Court to allow you to participate in the settlement through your own attorney. If you wish to participate on your own or through your own attorney, an appearance must be filed with the Court by August 15, 2005. If you participate through your own attorney, it will be at your expense. Any party who returns a claim form or otherwise does not exclude his or herself from the settlement, as described below, will be bound by the settlement agreement and release of claims against Answer Illinois, as approved by the Court.

2. You have the right to exclude yourself from both the class action and the settlement by filing a written request for exclusion with the Clerk of the Circuit Court of Cook County, Illinois, Daley Center, 50 W. Washington, Chicago, Illinois, 60602. The request for exclusion must be received by the Clerk of the Court on or before August 15, 2005, and must list your name, address, and the name and number of the case. You must also serve copies of the request for exclusion on each of the attorneys for the plaintiffs and for Answer Illinois, at the following addresses by the same date.

Daniel A. Edelman

Cathleen M. Combs

Julie Clark

EDELMAN, COMBS, LATTURNER

& GOODWIN, LLC

120 South LaSalle Street, 18^TH floor,

Chicago, Illinois 60603

(312) 739-4200

Fax: (312) 419-0379

www.edcombs.com

(Attorneys for the plaintiff and the class)

John J. O’Malley
Seyfarth Shaw
55 East Monroe

Chicago, IL 60603

(312) 346-8000

Fax: (312) 269-8869

(Attorneys for Answer Illinois)

3. If you object to the settlement, and wish to submit an objection rather than simply exclude yourself from the class action, you must submit your objection in writing to the Clerk of the Circuit Court of Cook County, Illinois, Daley Center, 50 W. Washington, Chicago, Illinois, 60602. The objection must be received by the Clerk of the Court on or before August 15, 2005, and must refer to the name and number of the case. You must also serve copies of your objection on each of the attorneys for the plaintiffs and for Answer Illinois listed above by the same date. Any objection must include your name and address, the name and number of the case, and a statement of the reasons why you believe that the Court should find that the proposed settlement is not in the best interests of the class. If you do file an objection and wish it to be considered, you must also appear at the hearing before Judge McGann on September 1, 2005 at 11:00 a.m. YOU ARE NOT REQUIRED TO ATTEND THIS HEARING UNLESS YOU PLAN TO OBJECT TO THE SETTLEMENT. Please note that it is not sufficient to simply state that you object. You must state reasons why the settlement should not be approved.

IMPORTANT: THE COURT REQUIRES THAT ANY REQUESTS FOR EXCLUSION OR OBJECTIONS BE RECEIVED BY THE CLERK BY AUGUST 15, 2005. IF YOU MAIL A REQUEST FOR EXCLUSION OR OBJECTION, YOU BEAR THE RISK OF THE REQUEST FOR EXCLUSION OR OBJECTION NOT BEING RECEIVED BY THE CLERK BY THE DEADLINE.

If you choose to exclude yourself from the class action and settlement you will not receive payment under this agreement. If you remain in the class action but do not return a proof of claim form by August 15, 2005, you will be bound by the Settlement Agreement and release, but will not receive payment under this agreement. Only those class members who complete and return a valid proof of claim form post-marked on or before August 15, 2005 will receive payment under this agreement.

If the settlement is not approved, the case will proceed as if no settlement had been attempted. There can be no assurance that if the settlement is not approved, the court will allow this case to proceed as a class action, or that a class will recover more than is provided in the settlement, or indeed, anything.

This description of the case is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, including a copy of the settlement agreement, you should visit the office of the Clerk of the Circuit Court of Cook County, Illinois, Daley Center, 50 W. Washington, Chicago, Illinois, 60602. The Clerk will make the files relating to this lawsuit available to you for inspection and copying at your own expense.

INQUIRIES

Any questions you or your attorney has concerning this notice should be directed to Edelman, Combs, Latturner & Goodwin, LLC at the address listed above. Please include the case name and number, your name and your current return address on any letters, not just the envelopes. Please do not contact the Court Clerk or Answer Illinois’ attorneys; they are not in a position to give you any advice about this settlement._____________________________________________________________________________________

PROOF OF CLAIM

IMPORTANT: THIS CLAIM FORM MUST BE POSTMARKED OR RECEIVED ON OR BEFORE AUGUST 15, 2005, AND MAILED TO THE FOLLOWING ADDRESS:

EDELMAN, COMBS, LATTURNER & GOODWIN, LLC

120 S. LASALLE ST, 18^TH FLOOR

CHICAGO, IL 60603

Please print the following information:

NAME: ________________________________

ADDRESS: ________________________________

ZIP CODE: ________________________________

TELEPHONE: ________________________________

E-MAIL: ________________________________

By participating in this settlement I hereby release Answer Illinois of all claims that related in any way to their sending of unsolicited advertisements by fax.

Additionally, I hereby certify, under penalty of perjury, that I received an unsolicited facsimile advertisement from or on behalf of Answer Illinois, after February 1, 1999.

______________________________

(YOUR SIGNATURE)

If filing on behalf of business, please print the name of the business: _____________________________