Notices

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

DR. LEONARD SALTZMAN,               )

                                                 )

               Plaintiff,                       )        No. 98 CH 2278

                                                 )

      v.                                        )        Judge Julia M. Nowicki

                                                )

ENHANCED SERVICES BILLING,        )

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.

TO COLLECT PAYMENT UNDER THIS SETTLEMENT YOU MUST

SUBMIT A PROOF OF CLAIM FORM BY OCTOBER 1, 2005.

WHAT THIS LAWSUIT IS ABOUT

Plaintiff filed this action in the Circuit Court of Cook County, Illinois, Chancery Division against two defendants Infodex, Inc. and Enhanced Services Billing, Inc. (Defendant). On behalf of a class, Plaintiff alleged that Infodex provided and billed for Infodex Net Listing services that Plaintiff and the class members never received or authorized. Plaintiff also alleged that Defendant should not have processed the Infodex charges because Plaintiff and the class members did not receive or authorize Infodex to provide and bill for those services. Plaintiff alleged that these practices violated the Illinois Consumer Fraud Act, 815 ILCS 505/2 et seq. Defendant denied and continues to deny Plaintiff’s material allegations, denies any wrongdoing and expressly states that it is not liable for any of the claims that Plaintiff alleged in the action. Nevertheless, Defendant agreed to settle the entire lawsuit and provide complete recovery to the class on its own, without any contribution from Infodex whatsoever.  

Judge Nowicki has granted preliminary approval of a settlement agreement, subject to a fairness hearing which will take place on OCTOBER 21, 2005 at 10:00 a.m., in Room 2510 of the Richard J. Daley Center, Chicago, IL 60602.

This notice explains the nature of the lawsuit and the terms of the settlement, and informs you of your legal rights and obligations.

NO ADMISSION OF LIABILITY BY DEFENDANT

By settling this lawsuit, Defendant is not admitting that it did anything wrong. Defendant expressly denies that it did anything wrong.

THE PROPOSED SETTLEMENT

Plaintiff and Defendant have agreed to the settlement described below. If you do not wish to be part of the settlement, you must opt-out of the class. If the settlement is finally approved, and you timely submit a claim form, you will be sent a check for your portion of the settlement.

Class Recovery. Defendant agrees to pay $122,344.60 to settle the claims of the class. This amount reflects the total amount processed by Defendant for charges by Infodex for services that was not previously refunded to Illinois consumers. Shares of the $122,344.60 will be distributed among the class members who timely submit a Proof of Claim and do not opt-out. Class members will receive a share of the class recovery in an amount equal to the charge(s) on their telephone bills. There are approximately 4,500 total class members. Any unpaid portion of the Class fund will be donated to the Chicago Bar Foundation.

Attorney's Fees. In addition to the Class Recovery, class counsel will receive attorney’s fees and costs of $115,000 to be paid by Defendant, subject to the approval of the Circuit Court of Cook County, Illinois ("Court"). Defendant has agreed not to oppose a request for approval of attorney’s fees and costs of $115,000. Class counsel will not request additional fees and costs from the class. You will not have to pay any attorney’s fees to class counsel out of your share of the class recovery described above.

Relief to Plaintiff. Defendant agrees to pay $4,000 to Plaintiff Dr. Leonard Saltzman in recognition of his services as class representative.

Costs. Defendant will pay for the costs associated with class notice and administration of this Settlement.

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 the Defendant a "release." A release means you cannot sue or be part of any other lawsuit against Defendant about the claims or issues in this lawsuit ever again.

CLASS COUNSEL'S OPINION OF THE VALUE OF THE SETTLEMENT

Plaintiff has alleged that the Defendant processed Infodex Net Listing charges that were placed on Illinois consumers’ telephone bills for services the consumers never received or authorized. Defendant has voluntarily agreed to refund all of the amounts charged by Infodex. Therefore, the class members will receive 100% of all damages they suffered as a result of the conduct complained of in this case.

Because the settlement provides the class members with complete relief for the claims alleged, counsel for the class believes that the settlement is in the best interest of the class members, 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 Class Counsel of costs and attorney’s fees. The hearing will take place on OCTOBER 21, 2005 at 10:00 a.m. before Judge Nowicki in Room 2510 of the Richard J. Daley Center, Chicago, IL 60602. YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING.

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 end of this notice by OCTOBER 1, 2005, indicating that you wish to participate in the settlement. If the settlement is finally approved by the Court, you will receive a check in the amount of the Infodex charge(s) on your telephone bills. 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 Clerk of the Circuit Court of Cook County, Illinois, Chancery Division, by OCTOBER 1, 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 himself or herself from the class, as described below, will be bound by the settlement agreement and release of claims against the Defendant, as approved by the Court.

2. You have the right to exclude yourself from the class by filing a written request for exclusion with the Clerk of the Circuit Court of Cook County, Illinois, Chancery Division, Richard J. Daley Center, Chicago, IL 60602. The request for exclusion must be received by the Clerk of the Circuit Court on or before OCTOBER 1, 2005, and must refer to your name, address, and the name and number of the case. You must also serve copies of the request for exclusion from the class on the attorneys for the Plaintiff listed below by the same date.

Daniel A. Edelman

James O. Latturner

Heather Piccirilli (2885)Edelman, Combs, Latturner & Goodwin, LLC

120 South LaSalle Street, Suite 1800

Chicago, IL 60603(312) 739-4200

312-419-0379 (FAX)

edcombs@aol.com

www.edcombs.com

(Counsel for Plaintiff and the Class)

3. If you object to the settlement, and wish to submit an objection rather than exclude yourself from the class, you must submit your objection in writing to the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J. Daley Center, Chicago, IL 60602. The objection must be received by the Clerk of the Circuit Court on or before OCTOBER 1, 2005, and must refer to the name and number of the case. You must also serve copies of your objection on the attorneys for the Plaintiff 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, you may also appear at the hearing before Judge Nowicki on OCTOBER 21, 2005 at 10:00 a.m. YOU ARE NOT REQUIRED TO ATTEND THIS HEARING. Please note that it is not sufficient to simply state that you object. You must state and explain all of the reasons why the settlement should not be approved.

IMPORTANT: THE COURT REQUIRES THAT ANY REQUESTS FOR EXCLUSION OR OBJECTIONS BE RECEIVED BY THE CLERK OF THE CIRCUIT COURT BY OCTOBER 1, 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, you will not receive any payment under this agreement. If you remain in the class but do not return a proof of claim form by OCTOBER 1, 2005, you will be bound by the settlement agreement and release but will not receive payment under this settlement. Only those class members who complete and return a valid proof of claim form post-marked on or before OCTOBER 1, 2005 will receive payment under this settlement.

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 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, Chancery Division, Richard J. Daley Center, Chicago, IL 60602. The Clerk of the Circuit Court 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 have concerning this notice should be directed to Edelman, Combs, Latturner & Goodwin, LLC (2885), at the address listed above. Please include the case name and number, your name and your current return address on any letters, not just envelopes. Please do not contact the defendant’s attorneys; they are not in a position to give you any advice about this settlement.

DO NOT CONTACT THE JUDGE REGARDING THIS NOTICE

____________________________________________________________________________________

PROOF OF CLAIM

IMPORTANT: THIS CLAIM FORM MUST BE POSTMARKED OR RECEIVED ON OR BEFORE OCTOBER 1, 2005, TO THE FOLLOWING ADDRESS:

Rosie Washington-Chambers

McDermott Will & Emery, LLP

227 West Monroe Street, Suite 4400

Chicago, Illinois 60606

Please print the following information:

NAME:                                          _________________________________

                                         If filing on behalf of a business,

                                        please print the name of the business

ADDRESS:                                    _________________________________

CITY/STATE:                               _________________________________

ZIP CODE:                                    _________________________________

BILLING TELEPHONE NUMBER: _________________________________

                                            Telephone number at time of

                                            Infodex charges, if known

I hereby certify, that I received one or more telephone bills that reflected Infodex Net Listing services that I neither received nor authorized and that I paid for such services.

                               _________________________________

                               YOUR SIGNATURE