May 7, 2008
ROSEMARY MULLIGAN, ) Appeal from
Individually and on Behalf of ) the Circuit Court
All Others Similarly Situated, ) of Cook County.
No. 04 CH 03620
QVC, INC., a Corporation, ) Honorable
) Dorothy K. Kinnaird,
Defendant-Appellee. ) Judge Presiding.
JUSTICE THEIS delivered the opinion of the court:
Plaintiff Rosemary Mulligan brought this putative consumer class action lawsuit against
defendant QVC, Inc., for violations of the Illinois Consumer Fraud and Deceptive Business
Practices Act (the Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 2004)) and unjust
enrichment. Mulligan alleged that QVC’s listed “retail value” overstated the prevailing market
price for certain products it sold and falsely created the impression that consumers were
receiving a bargain by purchasing at lower QVC prices. The circuit court denied Mulligan’s
motions for class certification, finding that individual issues of law and fact predominated.
Thereafter, the circuit court granted QVC’s motion for summary judgment on Mulligan’s
individual claims and denied her cross-motion for summary judgment, ruling that Mulligan
failed to create a genuine issue of material fact to support the elements of her consumer fraud