44.  As set forth above, HealthPort specializes in the provision of inedical records  throughout the United States, including the State of Illinois and the State of Missouri.   46.  HealthPort charges attorneys and law firms, such as Plaintiff and the Class  members, a"Basic Fee" of $20.00 in connection with every request for medical records (i) that the  attorneys and law firms make to health care provides located in the State of Illinois and (ii) that  HealthPort services for the attorneys and/or law firms—even if HealthPort does not, in fact, copy  any medical records.   47.  As set forth above, 735 ILCS 5/8-2001(d) does not allow facilities such as  HealthPort to charge fees in connection with copying medical records when the facilities do not,  in fact, copy any medical records.   48.  Furthermore, HealthPort charges attorneys and law firms, such as Plaintiff and the  Class members, a"Basic Fee" of $22.82 in connection with every request for medical records (i)  that the attorneys and law firms make to health care provides located in the State of Missouri and  (ii) that HealthPort services for the attorneys and/or law firms—even if HealthPort does not, in  fact, retrieve or furnish any medical records.   49.  As set forth above, section 191.227 of the Revised Statutes of Missouri does not  allow facilities such as HealthPort to charge fees for searching for and retrieving medical records  when the facilities do not, in fact, retrieve or furnish any medical records.  51. � Plaintiff brings this action on behalf of itself and a proposed class (the "Class")  defined as follows: '  The Class. All attorneys or law firms:  (i)  that requested, on behalf of the attorneys' or law firms'  clients, for health care providers located in the State of  Illinois or the State of Missouri to provide medical records  and  (ii)  that HealthPort charged a"Basic Fee" when HealthPort did  not retrieve any medical records,  at any time during the applicable liability period.  �  52. � Additionally, Plaintiff brings this action on behalf of itself and a proposed subclass  (the "Illinois Subclass") defined as follows:  The Illinois Subclass. All attorneys or law firms:  (i)  that, while residing in the State of Illinois, requested, on  behalf of the attorneys' or law firms' clients, for health care  providers located in the State of Illinois to provide medical  records and  (ii)  that HealthPort charged a"Basic Fee" when HealthPort did  not copy any medical records,  at any time during the applicable liability period.  �  54.  Excluded from the Class are: (a) Defendant's board members, executive-level  officers, and attorneys, and immediately family members of any of the foregoing persons; (b)  governmental entities; (c) the Court, the Court's immediate family, and the Court staff; and (d)  any person that timely and properly excludes himself or herself from the Class in accordance with  the procedures the Court will approve.  Numerosity   55.  At this time, Plaintiff does not know the exact number of inembers of the Class;  however, given the nature of the claims and Defendant's widespread charging of legally prohibited  fees when it searches for but does not retrieve, copy, or furnish medical records, Plaintiff believes  the members of the Class are so numerous that joinder is impracticable. 735 ILCS 5/2-801(1).  Common Questions of Fact or Law   56.  There are questions of fact or law common to the Class that predominate over  questions that may affect individual Class members, including the following:  a.  whether HealthPort charged Plaintiff and the Class members  a"Basic Fee" in connection with a request for a copy of their  clients' medical records, even though HealthPort did not  retrieve, copy, or furnish any medical records;  b.  whether HealthPort's actions, as set forth herein, violate 735  60. � Plaintiff brings this cause of action on behalf of the Class for violation of the  70.  Plaintiff realleges and incorporates the above paragraphs of this Class Action  Complaint as if set forth herein.   71.  Plaintiff brings this cause of action on behalf of the Class for violation of the  89.  Plaintiff realleges and incorporates the above paragraphs of this Class Action  Complaint as if set forth herein.   90.  Plaintiff brings this cause of action on behalf of the Illinois Subclass for violation  of the ICFA.   91.  Under the ICFA, "the term `person' includes any natural person or his legal  representative, partnership, corporation (domestic and foreign), company, trust, business entity or  association, and any agent, employee, salesman, partner, officer, director, member, stockholder,  associate, trustee or cestui que trust thereof." 815 ILCS 505/1(c).   92.  Plaintiff is a"person" under the ICFA. Id.   93.  Defendant is a"person" under the ICFA. Id.   94.  Under the ICFA, the "term `merchandise' includes any objects, wares, goods,  commodities, intangibles, real estate situated outside the State of Illinois, or services." 815 ILCS  505/1(b).   96. � Under the ICFA, "the term `sale' includes any sale, offer for sale, or attempt to sell  any merchandise for cash or on credit." 815 ILCS 505/1(d).   97.  HealthPort's actions at issue constitute "sales" under the ICFA. Id.   98.  Under the ICFA, the terms "trade" and "commerce" mean "the advertising, offering  for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal  or mixed, and any other article, commodity, or thing of value wherever situated, and shall include  any trade or commerce directly or indirectly affecting the people of this State." 815 ICLS 505/1(f).   LAW OFFICE OF BRENT GAINES,  individually and on behalf of all others  similarly situated,  r t i+L--  ST. CLA1R Ct~~NTY  Violation of Georgia's Uniform Deceptive Trade Practices Act, Ga. Code § 10-1-370 et seq.  (On Behalf of the Class)   Violation of Illinois's Consumer Fraud and Deceptive Business Practices Act,  815 ILCS 505/1 et seq.  (On Behalf of the Illinois Subclass)   Violation of Georgia's Fair Business Practices Act of 1975, Ga. Code § 10-1-390 et seq.  (On Behalf of the Class)  