Kosydor v. American Express Centurion Services Corporation

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (5th) 120110
Decision Date: 
November 13, 2012
District: 
5th Dist.
Division/County: 
Union Co.
Justice: 
WELCH
Holding: 
Affirmed.
Plaintiff filed suit against credit card company and its law firm, alleging malicious and fraudulent collection practices in violation of Consumer Fraud Act. No objective manifestations of creditor's intent to name and serve someone other than the Plaintiff, or to sue anyone other than the Plaintiff, in prior action in which default judgment was entered, and thus res judicata applies. Consumer Fraud Act does not apply to conduct of attorneys when representing any client in the practice of law, even against a third party. (CHAPMAN and WEXSTTEN, concurring.)