Yes, a business can be considered a consumer under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and can therefore file a suit under this Act. The ICFA allows private plaintiffs, including corporations, to file a suit if they can demonstrate damage due to a violation of the…
Articles Posted in Consumer Protection Laws
Punitive Damages can be Awarded in Auto Fraud Cases
Several cases in Illinois have awarded punitive damages for auto fraud by used car dealers. One such case is “Gent v. Collinsville Volkswagen, Inc.” where the court upheld punitive damages against the dealership for fraud or gross negligence, though the award was reduced from $12,000 to $3,000 as it was…
Navigating the Legal Landscape: Recent Consumer Fraud Act Opinions in Illinois Courts
Consumer protection is a cornerstone of the legal system, and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) plays a pivotal role in safeguarding consumers from deceptive practices. Recent opinions from the Illinois Supreme Court and various state and federal courts in Illinois have provided crucial guidance on…
Unpacking the Unfairness Doctrine: Illinois Consumer Fraud and Deceptive Business Practices Act
Introduction Consumer protection laws play a vital role in safeguarding consumers from deceptive and unfair business practices. In the state of Illinois, the Consumer Fraud and Deceptive Business Practices Act (ICFA) serves as a robust framework for addressing such issues. One essential aspect of the ICFA is the “unfairness doctrine,”…
Right-to-Repair Violations Lead to FTC Action against Harley-Davison and Westinghouse Generator Maker
The Federal Trade Commission is taking action against motorcycle manufacturer Harley-Davidson and Westinghouse outdoor generator maker MWE Investments for illegally restricting customers’ right to repair their purchased products. The FTC has charged that the companies’ warranties included terms that conveyed that the warranties would be void if customers used independent…
California Court Rules that Jury Must Decide Issue of Willfulness in Fair Credit Reporting Act Class Action
A California state appellate court recently issued an opinion reviving a class-action lawsuit concerning alleged violations of requirements employers must follow when performing employment-related background checks. In its opinion, the Court reversed summary judgment entered in favor of book retailer Barnes & Noble in a class-action lawsuit accusing the retailer…
Unanimous Supreme Court Curbs Consumer Relief by Blocking FTC from Obtaining Monetary Remedies in Most Consumer Protection Cases
In a unanimous ruling, the Supreme Court recently came down hard on the Federal Trade Commission by eliminating its ability to seek monetary relief in court under Section 13(b) of the Federal Trade Commission Act (FTC Act). The ruling comes as quite a blow to the FTC which has been…
New York Enacts Consumer Protection Statute Targeting Auto-Renewal Subscriptions
Many states have passed laws in the past few years taking aim at automatic renewals in contracts such as subscription-based services. As people have found themselves home more and more during the COVID pandemic, the number of subscription services with automatic renewals have exploded. New York recently passed a law…
Students’ Personal Information Was Allegedly Sold to Third Parties Without Their Knowledge
Many people have become wary of online forms asking for personal information since many of them prove to be opportunities for dishonest people and institutions to use and share that information for their own purposes. But there are institutions most of us assume to be trustworthy, and for most people,…
Arizona State Attorney General’s Office Recovers Millions for Consumers
Depending on the state in which they live, consumers sometimes have a hard time recovering the money they may have been deceived into giving to scammers who take their money and disappear, or to buy products that turn out to be harmful. Sometimes they can’t sue because they signed away…