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COVARRUBIAS v. BANCOMER, S.A.

No. 1-03-1729.

814 N.E.2d 947 (2004)

351 Ill. App.3d 737

286 Ill.Dec. 721

Jose COVARRUBIAS, Indiv. and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. BANCOMER, S.A., Bancomer Transfer Services, Inc., and Moises Jaimes, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

August 9, 2004.

Attorney(s) appearing for the Case

Johnson & Bell, Howard W. Foster and Garrett L. Boehm, Jr.; Diab, Macey & Bock, Malik R. Diab and Phillip A. Bock, Chicago, for Appellant.

Goldberg, Kohn, Bell, Black, Rosenbloom & Maritz, Ltd., Steven A. Levy, Matthew H. Metcalf; Pillsbury Winthrop LLP, Michael Finnegan and Nathan Spatz, Chicago, for Appellees.

Justice McNULTY delivered the opinion of the court:

José Covarrubias filed a class action lawsuit against Bancomer, S.A., alleging that its money transfer service violated the Consumer Fraud and Deceptive Business Practices Act (the Act), (815 ILCS 505/2 (West 2002)). Bancomer told customers they could send money to Mexico for a set fee. Jose alleged that Bancomer misrepresented the actual amounts collected for the service. The trial court found that Jose failed...

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