In Illinois, the pleading requirements for consumer fraud and common law fraud differ in several key aspects:
- Common Law Fraud: To establish a case for common law fraud, you must demonstrate five elements:
- A false statement of material fact made by the defendant to the plaintiff.
- The defendant knew the statement was false.
- The statement was made with the intent that the plaintiff would rely on it.
- The plaintiff did rely on the statement.
- The plaintiff suffered damage due to this reliance.
- Consumer Fraud: Under the Illinois Consumer Fraud Act, the requirements are slightly different and only four elements are needed:
- A deceptive act or unfair practice (involving a public policy violation) by the defendant.
- The defendant intended for the plaintiff to rely on the deception.
- The deception or unfair practice occurred in the course of trade or commerce.
- The plaintiff suffered actual damage as a result of the defendant’s violation of the act.