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· 4/18/2011

Jamison v. SUMMER INFANT (USA), INC.

Citations

  • 778 F. Supp. 2d 900
  • 74 U.C.C. Rep. Serv. 2d (West) 408
  • 2011 U.S. Dist. LEXIS 42615
  • 2011 WL 1486209

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • collecting cases and rejecting argument that an agency relationship between a manufacturer and immediate seller establishes privity with the consumer in Illinois
  • plaintiffs adequately pleaded actual damages by alleging they would not have purchased the product or paid the same price for the product but-for defendant’s deception
  • “[T]he omission or concealment of material facts can constitute the ‘deceptive act or practice’ that causes ‘actual damage to the plaintiff.’” (quoting 815 ILCS 505/2)
  • “[T]he ICFA applies to the omission of any material information in the conduct of trade or commerce[.]” (internal quotation marks omitted)
  • plaintiffs would not have purchased video monitors had they known that they were not encrypted, thereby placing consumers \at serious risk from both a safety and privacy standpoint\
  • plaintiffs would not have purchased video monitors had they known that they were not encrypted, thereby placing consumers “at serious risk from both a safety and privacy standpoint”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ruben Castillo

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.