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Home / Case Digests / 00-2078 Putnam, et al. v. Time Warner Cable

00-2078 Putnam, et al. v. Time Warner Cable

Where the plaintiff customers did not allege that they had received late bills, or that they intended to disregard the bills and late fees, the circuit court did not abuse its discretion in dismissing the customers’ claims for declaratory and injunctive relief.

The customers separately alleged that the late fee constituted unlawful liquidated damages; we conclude that, despite certain significant factors distinguishing the customers’ unlawful-liquidated-damages claim from the other claims, the unlawful-liquidated-damages claim also was properly dismissed by virtue of the customers’ voluntary payments.

DISSENTING OPINION: Schudson, J. “The unlawful-liquidated-damages issue is appropriate for certification and now merits supreme court review; also, I disagree with the majority’s conclusion on the customers’ claim for declaratory and injunctive relief.”

Affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Wells, J., Curley, J.

Attorneys:

For Appellant: Not available

For Respondent: Not available


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