ABC company nudged by other 'As,' says suit against Yellow Book

Steve Gonzalez May 26, 2008, 4:00am

ABC Healthcare Plans, Inc. filed suit against Yellow Book in Madison County Circuit Court May 19, alleging "much" lost revenue due to Yellow Book violating its own listing placement policies.

Represented by Neal Wallace of Godfrey, ABC claims Yellow Book made misrepresentations regarding companies that would be in front of them in 35 phone book listings.

According to ABC, Yellow Book represented that the only companies that would be in front of them would be insurance companies and brokers that had legally filed and obtained state government recognition of a name that fell alphabetically before "ABC."

ABC alleges that despite representations made by Yellow book, "numerous" other businesses were given better positioning based on the name "A" even though those businesses had not registered under the Illinois Assumed Business Name Act under those names.

"Yellow Book's fraudulent statements deprived ABC of the benefit of the bargain," the complaint states.

"Restoration of the status quo has been rendered impossible by circumstances not the fault of ABC," the complaint also states.

ABC is seeking a judgment for actual damages of $44,306, punitive damages in excess of $10,000, attorney's fees and costs of the suit.

The case has been assigned to Circuit Judge Nicholas Byron.

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