Richard Schaefer, individually and on behalf of a group, filed a class action lawsuit June 26 in St. Clair County Circuit Court (Case No. 12-L-334), which states that OfficeMax advertised that it would refill printer ink cartridges for $10 each.
In the lawsuit, Schaefer claims in September 2011 he went to an OfficeMax in Belleville, IL, and paid $10 to have his HP 901 cartridge refilled. He alleges that he returned to the same OfficeMax a month later because the same ink cartridge was already empty.
When he questioned why his cartridge ran out of ink so quickly, Schaefer alleges a customer service representative told him that OfficeMax instructs its employees to only refill cartridges halfway. Schaefer claims he was also told that if he wanted a full ink cartridge he could purchase a new one, which he claims he did.
Later that month Schaefer says he went to a different OfficeMax in Illinois, and asked for another HP 901 printer cartridge to be refilled. Like the previous cartridge, Schaefer claims it too was empty in less than 30 days, after printing no more than 50 pages. This, he says, led him to believe his cartridge was only filled halfway.
Schaefer claims OfficeMax did not clarify or advertise it only refilled cartridges halfway. If that is the company policy, he contends he should only be charged half the price.
The proposed class alleges OfficeMax's procedure of only refilling cartridges halfway was deceptive and misleading. It accuses the company of violating Illinois' Consumer Fraud and Deceptive Business Practices Act and claims the practice garnered the company unjust enrichment.
The class asks for a judgement of $10 million, plus punitive damages and court costs.
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Last updated on Jul-13-12