Bruemmer v. Compaq Computer Corp.

State: Illinois

Court: 1st District Appellate

Docket No: 1-00-2557 Rel

Case Date: 03/29/2002

FIFTH DIVISION
March 29, 200

No. 1-00-2557

ROBERT BRUEMMER, Indiv. and for a Class of
Similarly Situated Persons,

Plaintiff-Appellant,

COMPAQ COMPUTER CORPORATION,

Defendant-Appellee.

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Appeal from the
Circuit Court of
Cook County

Honorable
Stephen A. Schiller,
Judge Presiding.

JUSTICE QUINN delivered the opinion of the court:

On October 20, 1998, plaintiff, Robert Bruemmer, filed a classaction complaint against the defendant, Compaq Computer Corporation,asserting consumer fraud and breach of contract causes of action underthe Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 1998)) and theUniform Commercial Code (810 ILCS 5/1-101 et seq. (West 1998)). Plaintiff alleged that defendant failed to refund the purchase price ofhis computer, as provided in the warranty, after defendant was unableto repair the malfunctioning computer. Plaintiff voluntarily withdrewand amended the complaint to include additional counts for violation ofthe Magnuson-Moss Warranty-Federal Trade Commission Improvement Act(Magnuson-Moss Warranty Act) (15 U.S.C.