BELLEVILLE, Ill. (CN) - OfficeMax sells customers ink cartridge printer refills that are only half full of ink, a class action claims in St. Clair County Court.
Richard Schaefer claims that he and class member "each paid $10 to have defendants 'refill' their printer ink cartridge at an OfficeMax 'refill' station and were damaged when in fact only half of the ink cartridge was refilled by the defendants."
The complaint continues: "This practice of only half-refilling printer ink cartridges is carried out through a uniform scheme and common course of conduct by defendants throughout Illinois. Defendants have fraudulently and unjustly charged plaintiff and the class $10.00 for half refills. Defendants should have either refilled the ink cartridges in full or charged $5.00 for the half refills. ...
"No reasonable customer would expect 'refill' to mean 'half fill.'
"OfficeMax failed to disclose its common practice of half refilling printer ink cartridges with the intent that plaintiff and members of the proposed class would rely on this omission in paying for printer ink cartridge refills instead of purchasing a new printer ink cartridge."
Schaefer seeks class damages for consumer fraud, deceptive trade and unjust enrichment.
He is represented by Kevin Hoerner, with Becker, Paulson & Hoerner, of Belleville.
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