Tangorra v. M&K Automotive, Inc.

Plaintiff appealed from the dismissal of her first amended complaint in which she alleged that the defendant violated the Consumer Fraud and Deceptive Business Practices Act by selling her a used vehicle “as is” and unlawfully disclaiming a limited power train warranty under section 2L of the Act. Plaintiff also alleged in the second count of the complaint that defendant violated section 2 of the Act by attempting to bind her to an invalid arbitration provision and in refusing the pay her arbitration fees. The appellate court affirmed the dismissal of count I of the complaint but reversed the dismissal of count II and remanded for further proceedings. (TAILOR and HYMAN, concurring)