By Matthew A. Quick The court in Hirsch v Optima, Inc, 397 Ill App3d 102 (2009) found where a builder knew of leaking and flooding problems of a condominium and told owner to not disclose leakage, a claim for fraudulent misrepresentation and consumer fraud can stand where indirect misrepresentation is alleged. Negligent performance of voluntary undertaking can be established without element of reliance, if theory is that tortfeasor's conduct increased risk of harm.