Hall v. Sprint Spectrum L.P.

              1
NOTICE
Decision filed 10/31/06. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-05-0314
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
JESSICA HALL, Individually and on Behalf ) Appeal from the
of Others Similarly Situated, ) Circuit Court of
) Madison County.
Plaintiffs-Appellees, )
)
v. ) No. 04-L-113
)
SPRINT SPECTRUM L.P., d/b/a SPRINT )
PCS GROUP, and SPRINTCOM, INC., )
d/b/a SPRINT PCS GROUP, ) Honorable
) Nicholas G. Byron,
Defendants-Appellants. ) Judge, presiding.
________________________________________________________________________
JUSTICE GOLDENHERSH delivered the opinion of the court:
Plaintiff, Jessica Hall, individually and on behalf of others similarly situated, filed suit
against defendants, Sprint Spectrum L.P., doing business as Sprint PCS Group, and
SprintCom, Inc., doing business as Sprint PCS Group. The parties stipulated to a protective
order entered by the circuit court of Madison County. Pursuant to a motion by plaintiff, the
circuit court later modified the protective order. On appeal, defendants raise issues
regarding whether the trial court erred in modifying the protective order. We affirm and
remand.
FACTS
Plaintiff filed suit alleging the abuse of an "Early Termination Fee" (ETF). The ETF
was a part of a contract to provide cellular phone service. Under the terms of the contract,
a customer is obligated to pay the ETF if he or she chooses to end the contract before the
expiration of an agreed period of service. Defendants contend that the ETF is a valid part
of a term rate plan. Plaintiff contends that the ETF operates as an unlawful penalty to