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updated: 7/21/2011 4:59 PM

Kane Co. judge to hear Groupon case

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Adam Dremak bought a $25 Groupon gift certificate in November to get $50 worth of merchandise from Nordstrom's Rack, but he failed to use it within the five-week time frame.

Now, the Riverside man is asking a Kane County judge to issue an injunction against Chicago-based Groupon as well as to elevate the lawsuit -- which was filed in March -- to class-action status.

Dremak, through his St. Charles attorney Robert Foote, argues that Groupon's "Daily Deals" are in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, which prohibits expiration dates of less than 5 years on gift certificates.

"Groupon and its retail partners are fully aware that many consumers will not be able to redeem their 'Groupon' gift certificate before the expiration dates, leaving them with nothing, while Groupon and its retail partners pocket the money," the suit argues.

Foote, who could not be reached for comment, wants Kane County Judge Thomas Mueller to stop Groupon from advertising and marketing its gift certificates, and ultimately change deals to have expiration dates of not less than 5 years.

July 28 is a hearing date for Mueller to consider the request. Whether or not any action will be taken is unclear.

Groupon has not responded to the lawsuit and has until Monday to do so.

Ronald Lepinskas, Groupon's defense attorney, said he was not authorized to comment on the case. An email request to a Groupon spokesman was not immediately returned.

The company, which turned down a multibillion dollar offer from Google, has several similar lawsuits filed against it with similar claims.

In the past, the company has said gift certificates could be redeemed at face value if not used on time.