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Groupon fires back, seeks to move lawsuit to Cook County

Chicago-based Groupon has fired back in the latest lawsuit against it, saying claims that its daily deals are in violation of consumer protection laws are “manufactured, not real.”

Groupon also wants a lawsuit filed by Riverside resident Adam Dremak moved from Kane County to Cook County Court or sent to an arbitrator.

Attorneys from both sides met briefly today with Kane County Judge Thomas Mueller, who on Sept. 14 will consider the motion to move the lawsuit.

In court filings, Groupon attorney Ronald Lepinskas argued that Dremak lives in Cook County and the company is headquartered there as well.

St. Charles attorney Robert Foote filed a lawsuit in March on behalf of Dremak, arguing 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.

Dremak bought a $25 gift certificate in November for $50 worth of merchandise at Nordstrom Rack but failed to use it within the five-week time frame.

Lepinskas' firm filed a response to the suit this week, saying Dremak should be ordered to first go to arbitration because that condition was in the “Terms of Use” box that Groupon users check off on their computer screen when they sign up at the popular discount site.

“Plaintiff's purported complaint that he has lost in purchasing a Groupon voucher is manufactured, not real. As plaintiff knows, he has the option to get his money back on demand through the ‘Groupon Promise,'” Lepinskas' response said. “The purposes of the Illinois gift-certificate law under which plaintiff has purportedly sued — to avoid hidden fees and to ensure that a customer who pays $25 for a gift card receives $25 in value in return, were never violated and have never been in any danger of violation.”

Lepinskas also states that Dremak's suit is “virtually a copy” of 15 other lawsuits filed across the country and notes that Groupon attorneys prefer a federal judge in California consider several cases at once.

Foote declined further comment outside of court today.

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