Razor Capital v. Antaal

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (2d) 110904
Decision Date: 
July 11, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
JORGENSEN
Holding: 
Reversed and remanded.
Court improperly dismissed with prejudice complaint of transferee of credit card to collect on credit-card debt. Unwritten-contract cause of action was not properly pleaded, as complaint included no allegations or documents that Defendant accepted generic agreement contract terms when she used card. Plaintiff must plead that terms alleged are those under which it seeks to recover. Dismissal with prejudice is not a just result, as Plaintiff should be allowed to amend its complaint, as trial court expressed uncertainty as to pleading requirements. (HUTCHINSON and BURKE, concurring.)