prescribed by in more detail infra in this Memorandum & Order's discussion regarding plaintiffs' breach of contract claim, there is a material issue of disputed fact regarding whether the fee was voluntarily incurred, specifically whether Horn and other class members were advised of the fee in advance of receiving the faxed payoff statements and whether they could have opted out. As correctly noted by Judge Spatt in denying defendants' motion to dismiss, the question regarding whether or not the Facsimile Fee should have been included in the finance charge depends on whether it was voluntarily assumed by the borrower. See McAnaney I, 357 F.Supp.2d at 585. Indeed, if the jury was to make the factual finding that the Facsimile Fee was require 1878293, at *5 (N.D.Ill. Aug. 18, 2004) (<HOLDING>). 17 . Plaintiffs incorrectly cite Inge v. Rock
holding that required courier fees must be included in the finance charge holding that under the particular facts alleged in the indictment vehicular homicide was a lesser offense included in the murder charge holding that the defendants violated tila as a matter of law by failing to disclose as part of the finance charge the charge imposed for payment of federal express delivery holding that the felonymurder charge must be submitted to the jury in a capital case where the evidence clearly indicates the appropriateness of the charge holding that each element required under the act must be included in the written notice and each element must be sufficiently clear and accurate 