Illinois Appellate Court
Civil Court
Consumer Fraud Act
Plaintiff filed class action alleging that Defendant intentionally misrepresented and/or made material omissions as to storage capacity of USB flash drives, in terms of the decimal definition of "gigabyte" rather than the binary definition, in its method of advertising or packaging them, According to NIST (National INstitute of Standards and Technology) guidelines, even if Defendant's use of the term "gigabyte" to represent a billion bytes were deceptive, it falls within the "safe harbor" provision of Consumer Fraud Act and is not actionable. (OVERSTREET and WHARTON, concurring.)