Publications

Illinois Bar Journal
Articles on Consumer Protection

Amended reporting requirements for meat sellers March 2014 Illinois Law Update, Page 120 The Meat and Poultry Inspection Act has been amended to add new reporting requirements for "Type 1" licensees, or facilities that sell meat, poultry, and other meat products.
New ground for funeral license denial or revocation March 2014 Illinois Law Update, Page 120 The Illinois Funeral or Burial Funds Act has been amended to allow for the revocation, suspension, or denial of licensure to a funeral service provider if the applicant or licensee engages in a lockout in response to a strike, and the Comptroller has reason to believe that the lockout has negatively impacted consumers.
Pre-need funeral contracts see more consumer protection December 2013 Illinois Law Update, Page 612 The Comptroller recently amended the Illinois Funeral or Burial Funds Act to clarify the consumer protections for pre-need funeral and burial services. 38 Ill. Adm. Code 610.
Those publishing criminal record information may not remove or modify that information in exchange for payment December 2013 Illinois Law Update, Page 612 The Consumer Fraud and Deceptive Business Practices Act has been amended by making it unlawful for those who publish or disseminate criminal records information in print or electronic format, including members of the news media, to accept payment or other consideration for the removal or modification of such information.
Liquidated damages of $500 per Telephone Consumer Protection Act violation not punitive, and thus insurer must pay August 2013 Illinois Law Update, Page 392 On May 23, 2013, the Illinois Supreme Court held that the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. section 227(b)(3) (2006), was a remedial statute, not a punitive statute.
Ban on zinc button batteries. PA 097-1107 April 2013 Illinois Law Update, Page 176 Illinois lawmakers have amended the Mercury-added Product Prohibition Act to restrict the sale and distribution of zinc batteries. 410 ILCS 46/10 and 46/27.
New rules regulate marketing, consumer contracts by retail electric suppliers March 2013 Illinois Law Update, Page 124 Newly implemented rules adopted in part 412 of title 83 of the Illinois Administrative Code regulate marketing practices and set ground rules for consumer contracts and dispute resolution applicable for retail electric suppliers.
Court clarifies pleading requirements under Consumer Fraud Act February 2013 Illinois Law Update, Page 72 On November 20, 2012, the Illinois Appellate Court, First District, determined that a defendant's intent to induce reliance by a consumer is a necessary element to proving a section 2 claim under the Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"), regardless of whether the defendant's action was a misrepresentation or omission of material fact.
Loan is null and void if made pursuant to Consumer Installment Loan Act by lender who is not licensed under that Act. PA 097-1039 January 2013 Illinois Law Update, Page 16 Illinois lawmakers have amended the Consumer Installment Loan Act (205 ILCS 670/20) and the Payday Loan Reform Act (815 ILCS 122/4-10) by declaring a loan made pursuant to either act to be null and void if its lender is not licensed under such act.
Online dating sites must indicate whether they perform criminal background checks. PA 097-1056 November 2012 Illinois Law Update, Page 580 State lawmakers have amended the Consumer Fraud and Deceptive Business Practices Act to further protect online daters (815 ILCS 505/2MMM new).
Choice-of-law clause does not control applicability of Consumer Fraud Act September 2012 Illinois Law Update, Page 464 On June 20, 2012, the second district appellate court held that contractual choice-of-law and forum-selection clauses that provide for the application of Illinois law do not automatically permit a party to bring claims under the Illinois Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"). International Profit Associates, Inc. v. Linus Alarm Corp., ___ N.E.2d ___, 2012 IL App (2d) 110958.
The Dodd-Frank Act’s Impact on Consumer Litigation By Donna M. Goelz and Timothy J. Howard February 2012 Article, Page 100 Dodd-Frank is the most comprehensive overhaul of the financial services industry in recent history. Here's what it means for businesses and consumer finance litigators.
Hotels now required to install smoke detectors. PA 097-0447. November 2011 Illinois Law Update, Page 556 The Smoke Detector Act has been amended to require hotels to install at least one approved smoke detector within 15 feet of every guestroom. (425 ILCS 60/3).
New scams target real estate lawyers By Helen W. Gunnarsson November 2011 Lawpulse, Page 550 Scammers are using smartphones and apps to steal home-sale proceeds.
New warning requirements for child-related articles and jewelry containing lead. PA 097-0612. November 2011 Illinois Law Update, Page 556 The Lead Poisoning Prevention Act has been amended to (i) narrow its definition of child care articles and toys containing paint, (ii) change the minimum statement required to appear on children's products, and (iii) define body piercing jewelry and worn jewelry covered by the Act (410 ILCS 45/6).
Rebate offers need to be accompanied by conspicuous and clear disclosures. PA 097-0308. November 2011 Illinois Law Update, Page 556 Retailers offering merchandise rebate offers must now abide by new disclosure requirements. (815 ILCS 505/2LLL new).
New lead and mercury labeling requirements PA 095-1019 June 2009 Illinois Law Update, Page 284 The Illinois General Assembly amended section 6 of the Lead Poisoning Prevention Act and added two new sections to the Mercury-added Product Prohibition Act. 410 ILCS 45/6, 410 ILCS 46/22, 23. 
Living trust amendment drafted by a nonlawyer ruled invalid By Helen W. Gunnarsson September 2008 Lawpulse, Page 438 A living trust amendment drafted by a nonlawyer is invalid under the Consumer Fraud and Deceptive Business Practices Act, the Illinois Appellate Court rules.
Arbitration clause unconscionable where customer does not see agreement September 2007 Illinois Law Update, Page 460 On July 10, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County finding the Customer Agreement between Charlotte Bess and DirecTV procedurally unconscionable and therefore unenforceable.
No consumer fraud where plaintiff did not rely on allegedly misleading material April 2007 Illinois Law Update, Page 176 On February 2, 2007, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the plaintiff's consumer fraud, breach of warranty, and medical monitoring claims against defendant Bayer Corporation (Bayer), after its recall of the drug Baycol.
Bad faith needed for defendant to receive attorney fees under the Consumer Fraud Act March 2007 Illinois Law Update, Page 124 On December 21, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, and the Circuit Court of Cook County, striking the defendants' petition for fees.
Basic “right to privacy” inherently includes interests of secrecy and seclusion February 2007 Illinois Law Update, Page 72 On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 
Imitation music groups face new guidelines for avoiding consumer fraud - PA 094-0854 January 2007 Illinois Law Update, Page 14 The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act, forbidding performing music groups from misleading the public into false associations with other recording music groups.
New rules for work-at-home solicitations - PA094-0999 December 2006 Illinois Law Update, Page 650 The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 
Substantive Amendments to Contracts: Don’t Breathe New Life into Unwanted Provisions By Joan M. Kubalanza and Kevin J. Clancy March 2006 Article, Page 146 An amendment to a 1906 real estate lease produced a huge unexpected rent increase. Don't let it happen to you.
A big win for Big Tobacco By Helen W. Gunnarsson February 2006 Lawpulse, Page 62 The Illinois Supreme Court barred plaintiffs' class action claim and overturned a $10-plus billion award against Philip Morris. But experts doubt the case will have much precedential power outside Illinois.
No state-law claims of usury against a national bank January 2006 Illinois Law Update, Page 16 On November 10, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, granting summary judgment for defendant EquiCredit Corp of America.
Consumer Fraud and Deceptive Business Practices Act amended for added consumer protection - PA 094-0074 September 2005 Illinois Law Update, Page 446 The Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/1 et seq) has been altered in an effort to provide heightened protection to the credit information of Illinois consumers.
The New Bankruptcy Law: A Consumer Lawyer’s Guide By James J. Haller and William A. Mueller September 2005 Article, Page 454 The new act takes effect next month: here are the most important changes to Chapters 7 and 13.
More protection for children under the age of 9 years - PA 094-0011 August 2005 Illinois Law Update, Page 390 On June 8, 2005, the Children's Product Safety Act ("Act") is amended by raising the age of children protected under the Act from under the age of 6 years, to any child under the age of 9 years.