we would be asking the court to reverse because the supreme court socially ruled as a matter of law that the allegations in the complaint did not rise to the level necessary to state a claim for the consumer fraud act that ruling it was essentially a factual finding that the court may on a two six fifteen motion which as i said the court knows the pleading the complaints must be liberally construed to give all reasonable inferences in favor of the plaintiff it's a very liberal liberal standard in favor of the pla f moreover we have the consumer fraud at that issue which also must be liberally construed as and so such with there's a a a two fold liberal construction standard at issue fact this is a factual inquiry as long as there is a plausible cause of action stated in the complaint then that is sufficient the court is not  involved in the case whether to take time as various actions actually violated the consumer fraud i have not yet been addressed by the trier of fact we are somewhat perplexed by the supreme court's finding that the notices were not misleading in our view whether or not data come through its demand notices violated the consumer fraud act or any other law is a factual issue which must be decided by the trier of fact once this causes remand mr zimmerman looking to the four corners of the value that your clients have been deprived on when you went when these data was put on the internet for anybody who wanted to just look at it we are alleging that there was a diminution in the value of the book because the misrepresentation was that the book is just what you hold in your head says that using passwords hidden in the book you could access some of the most entertaining material that did not make it you know and i think we all read that yes and it would just palmer did in the court below as he said your clients got the benefit of the bargain because they were able to go on the internet and have those extra chapter so they did get what they paid for their sort of i'm a new ones here then i want to see it if it's in the record all that the fact that only the buyers would have been other people would be well off and would specifically it goes through of mathematical example of the diminution in value to the book because there were additional about ten percent or reading material that was given away for free i'm lying with the password it's in the book and there was nothing available online for a little while well there were no passwords in the book i'm ok that there were no hidden escorts in the book and soap and that's why the the people bought the book in part on reliance on a promise that there was additional information that they could get from the book that would be available on him and they went on the internet in there was nothing there or there simply was not a password in the book but it was not sitting on the internet on what was it was that it was not there the author at least for a while read these for a while until way after we filed the complaint the author replied to these inquiries and said it's coming i don't have it yet we filed the lawsuit and then all of a sudden it appeared in draft form in track changes format with hit so it was hastily put up there in response to the complaint for all to see for free and in the complaint that we have before us today yet looking at the four corners of the complaint is there a cause of action that we can slice off for the time lag between the purchase of the book and the time that the additional information when i li attached to the complaint allegations where people were looking for the material and it was not available i think the the analogy here would be akin to  you if you have a cereal box for example you're walking down the cereal aisle and it says you know buy this cereal and you get a free toy or you go and you buy a videogame and they're representing that you know as you go through these mazes all the sudden if you reach a level six you will unlock a hidden code and then you can download another game ok that type of thing it's part of what you were biking otherwise they would just have a big bucket of free toys in the cereal aisle if it was not part of the purchase otherwise that the video game would simply put the code on the front of the package or hand out codes or hand out the free game in the password that was needed to get this bonus material or is it based on the fact that the bonus material wasn't put up in a timely way and had to be encouraged more than your complaint by the purchase of this product you get not only the physical book in your hand but you also get additional chapters that were not made part of the book right so is that the land time in getting the edition because ultimately the bonus material didn't go on the internet albeit for without a password accessible without a password whether the original advertisement said hidden passwords if it's all very nuanced and it's very important for us to have a clear understanding of what these nuances are because we have to to the extent that we're going to write an opinion we have to write something and we have to grasp those n of of two components it was the physical book and it was the additional chapters that were not physically in the pages of the book but were made part of the book and  whole they were part of the purchase of the product and the purchase price in compassed not only the physical book but the additional chapters that that were represented that you would be able to get as well as part of this purchase there's no way you could have gotten these additional chapters without buying the book flipping through reading it finding the hidden passwords and then going out on line and downloading the additional material using the passwords that is the misrepresentation we think you have to buy the book well i guess if we're going to look for the literal words that they don't exist but the literal words are necessary under the consumer fraud that under the bruno appliance case it's clearly held that the the innuendo is sufficient that the deception can be accomplished by innuendo you don't need affirmative misrepresentations these can be innocent or negligent representation and they don't even have to be false they simply be misleading as long as there is a capacity to deceive and i would ask the court to to think about what is what was the mean here what was the intention of the author in saying there are hidden passwords in this book i made it if if the attention of the author was simply to give it away for free then why not post it on the cover why not put it on his website where he had all kinds of other things on the website he had a lot he was answering questions why not just post it on there for free why seeking of that is there was also some comment or some part of the p r by you or there are random house that has all kinds of things on the office that people could access and he would answer questions for those kinds of things that suggest that there is there is information accessible to the general to question an answer i agree but this specifically was not part of it in fact on that same blog where he was answering the questions on this website it's pages forty to forty two are not hundreds he specifically lists the table of contents of the book and in this bonus material is listed as part of the table of contents of the book it was clearly represented and clearly meant to give the impression that you have various chapters in the book and then you have bonus material which is also supposed to be part of the of the book the only way to get the bonus material is to go in to the book and find the hidden password and access it there was nothing there was no statement no innuendo ever given that you can go on to get this bonus material  the bonus material just didn't exist yet and so we've sufficiently alleged that and we've alleged that this book did not have the characteristics that it was advertised to have that is an unfair act under the deceptive trade practices act that constitutes a that's a cause of action here's characteristics that the book was advertised to have people relied on that people paid for it and it didn't have them and it was not until after we filed the complaint that all this stuff was hastily put up that's a factual question we weren't even able to get to that that's a that's a question for a jury to determine as to whether or not there was this was was created after the fact and it was created and put on because we caught them and we and we filed suit and they and they hurried up and they created this that's a factual issue that that's not susceptible to a decision on a six fifteen motion went with the allegations are in the complaint so i i i would ask that if i could reserve some more time if there aren't any additional because he bought the book thinking that you know these hidden passwords would give him access to some other material and all of a sudden the material was there with no passwords we needed so that's the nuance that represent there was an extra sit at that's the first thing the reference that's being written that section is being referred to is contained on page five hundred fifty of the book and what it says in addition to that's the extra value that's there in terms of exclusivity no one was ever promised they would have exclusive or privileged access to this material it would be made available to anyone with appropriate access thinking that they were getting something its losses and now they're not and that's what i understand his argument to be the two points first no representation was made that there would be exclusive access and the second seller can change the terms and still give the purchaser everything that was promised and yet make it more broadly available without harming consume it is a consumer fraud every time a seller put something on the plaintiffs here got everything that was promised he got the book and all of the bonus material and the key here i think under the section two sixteen six fifteen standard is when you look at the exhibits the complaint they contradict the allegations of the complaint and what the circuit court did was read the exhibit and said this exhibit contradicts the complaint and based on that contradiction the court's that i'm going to follow what the exhibit the exhibit never says you have to buy the book exhibit doesn't say the purchase of this book gives you an exclusive license to access these materials if this wasn't a case of a shrink wrapped license with software where you have to plaintiff still has to show some damage and here again plaintiff got the full benefit of his bargain he got the book and all of the bonus material that was known when the complaint was amended the material was posted injunctive relief was removed from the case of and at that point plaintiff sought revenge based on the reduced value based on the fact that a wonder part of the case and the amended complaint was filed not based on the material not being available but based on the absence of needing a pass will give us leave to amend it simply generally solving to a man that's not sufficient under the law the second issue will be the court found it if this paragraph exhibit three to the complaint if that's the basis for the in the complaint it's paragraph sixty one appendix seventeen it is alleged that defendants continue to conceal the fact that there are no hidden passwords in the book it is alleged that there are no had passwords and net access to the bonus material does not require the purchase of the book so it is alleged that there is no hidden passwords with respect to i believe the issue of nineteen that had the plaintiff in the class known of the true facts that they would not have purchased the book were they would not have paid the full asking price for the book and that in fact they had overpaid for the book in terms of the paid for is adequately alleged and those are sufficient damages under the consumer fraud act with respect to the breach of contract question i think the induce somebody to enter into a contract is actionable under the consumer fraud and so what we have played here is just that we have pled that these were misrepresentations that were made to well the plaintiff in this case learned about it before purchasing so and that is alleged that he knew about it before and he relied on that misrepresentation to purchase  and then the reliance was purchased the book so that he could find the hidden password so that he could then have access to the hidden a bonus material cultural reference that there was a  of free message boards and whatnot but it never states anywhere that the bonus material will be given away free on the blog or the message board in fact it specifically states you need to have a hidden password in order to access it were ever it is located so even if it was located on his blog or his free message board you would still need the hidden password to access it according to the misrepresentations here and i think the case law and specifically the federal trade commission interpretation of the act is that if there are two interpretations that you don't look at the truthful one and just buy into that if there is a a potentially misleading interpretation and there may be a potentially non misleading interpretation the under the liberal construction to liberal standards here in the of the consumer fraud it empty and a two six fifteen motion all well pled inferences must be given in favor of the plaintiff and here the court did just the opposite the court stepped into the shoes of the jury the finder of fact and in that said well i think there might be a non misleading interpretation i'm going to buy that one instead and that was the wrong thing to do on  motion to dismiss especially under these circumstances and with respect to the a medic i'm playing we simply added that in our response brief in the event the court work to a grant the motion we w