Publications

Illinois Bar Journal
Articles on Consumer Protection

Business acts amended for improved consumer protection - PA 093-0950 July 2005 Illinois Law Update, Page 336 The Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505) consists of modified stipulations concerning automatic contract renewals.
New reg requires law firms to “properly dispose” of consumer info By Helen W. Gunnarsson July 2005 Lawpulse, Page 330 Effective June 1, a Federal Trade Commission regulation requires businesses – including law firms – to destroy sensitive information derived from consumer credit reports.
Internet service providers now regulated by the Consumer Fraud and Deceptive Business Practices Act P.A. 093-1016 December 2004 Illinois Law Update, Page 620 Effective in 2005, Internet service providers will be regulated by the Illinois Consumer Fraud and Deceptive Business Practices Act. 
Consumer Fraud Act protections for car dealers deemed “special legislation” By Helen W. Gunnarsson December 2003 Lawpulse, Page 594 A recent Illinois Supreme Court case hands car buyers a victory.
Consumers Protected from Fraud in Auto Repair P.A. 093-0565 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the state will require more effective information sharing between consumers and facilities making car repairs. 
Legislature Increases Penalties for Home Repair Fraud P.A. 93-0542 November 2003 Illinois Law Update, Page 550 The Legislature added a provision to the Home Repair Fraud Act providing that if a person commits aggravated home repair fraud.
The Structured Settlement Protection Act helps judges say “no” By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.
Changes adopted for motor vehicle advertising July 2003 Illinois Law Update, Page 332 The Illinois Office of the Attorney General recently implemented changes to 14 Ill Adm Code 475, concerning motor vehicle advertising.
Exception under Consumer Fraud Act for misleading statements inapplicable to realtors; amended complaint sufficiently pled claim of negligent misrepresentation, violations of Consumer Fraud Act, Real Estate License Act July 2003 Illinois Law Update, Page 332 On April 15, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed and remanded in part the order of the circuit court of DuPage County dismissing the plaintiff's amended complaint with prejudice.
“UCITA” spells “anti-consumer”? By Helen W. Gunnarsson April 2003 Lawpulse, Page 162 Adoption of the Uniform Computer Information Transactions Act would stack the deck in favor of software manufacturers and against the buying public, critics say.
Amendments to Consumer Fraud and Deceptive Business Practices Act requiring pre-filing notification to car dealers are unconstitutional September 2002 Illinois Law Update, Page 454 On June 28, 2002, the Appellate Court of Illinois, First District, held that the 1993 and 1996 amendments to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1996).
Plaintiff’s “marketing theory” of causation insufficient to satisfy proximate cause under Illinois Consumer Fraud and Deceptive Business Practices Act September 2002 Illinois Law Update, Page 454 On June 20, 2002, the Illinois Supreme Court reversed the appellate court and affirmed the trial court's dismissal of the plaintiff's amended class action complaint.
Law restricts the deceptive sale or promotion of health-related cash discount cards P. A. 92-0296 August 2002 Illinois Law Update, Page 402 On August 9, 2001, Gov. George H. Ryan signed into law House Bill 3179, which adds a new section to the Consumer Fraud and Deceptive Business Practices Act by restricting the deceptive sale or promotion of health-related discount cash cards.
Plaintiffs allegations of “bait and switch” advertising were sufficient to state claims under the Illinois Consumer Fraud and Consumer Loan Acts when lender advertised a new loan but refinanced an old loan at unfavorable rates July 2002 Illinois Law Update, Page 344 On March 27, 2002, The Appellate Court of Illinois, First District, Third Division, reversed the dismissal of the plaintiffs' consumer class action under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1998) and the Illinois Consumer Installment Loan Act, 205 ILCS 670/18 (1998).
New rules for use of interpreters in retail transactions or negotiations P.A.92-0478 April 2002 Illinois Law Update, Page 176 New legislation amends the Consumer Fraud and Deceptive Business Practices Act concerning retail transactions conducted in a language other than English.
Legislation enacts the Prizes and Gifts Act; P.A. 92-436 February 2002 Illinois Law Update, Page 66 Legislation enacted in August aims to protect consumers from deceptive advertising of sweepstakes and other promotional contests.
Purchaser of used car stated claim for fraud based on concealment of known defect and statute of limitations for implied warranty began to toll anew when used vehicle was sold January 2002 Illinois Law Update, Page 14 On October 19, 2001, the Appellate Court of Illinois, First District, reversed the Circuit Court of Cook County, which dismissed the plaintiff's complaint alleging consumer fraud and breach of the implied warranty of merchantability.
Motor vehicle advertising June 2001 Illinois Law Update, Page 286 On March 20, 2001, the Illinois Attorney General adopted amendments to section 475 of the Illinois Administrative Code. 14 Ill Adm Code 475.
A Buyer’s Obligation to Give Notice of a Defective Product in Illinois By Lisa Macrito January 2001 Article, Page 34 What constitutes sufficient notice under Illinois' version of the UCC? This article reviews three important cases.
The Lawyer’s Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
New law protects consumers from predatory lenders ; P.A. 91-698 July 2000 Illinois Law Update, Page 380 Public Act 91-698, which became effective when signed on May 6, is designed to protect Illinois consumers from predatory lenders by authorizing the Department of Financial Institutions and the Office of Banks and Real Estate to promulgate rules regulatin regulating the activities of lenders they license.
Consumer protection law protects caller ID benefits; P.A. 91-182 May 2000 Illinois Law Update, Page 252 Under a new Illinois law, consumers with caller identification service are now protected from telemarketer and automatic dialer schemes designed to impede the advantages of their service.
Illinois Electronic Mail Act created; P.A. 91-233 May 2000 Illinois Law Update, Page 252 Beginning January 1, 2000, electronic mail users now have increased protection over their accounts.
FDA pre-market approval of pacemakers did not preempt state law claims against manufacturer February 2000 Illinois Law Update, Page 68 On December 2, 1999, the Illinois Supreme Court reversed the appellate court and found that FDA pre-market approval of pacemakers was not a federal requirement.
The Lawyer’s Journal By Bonnie McGrath November 1999 Column, Page 570 Watch out, HMOs.
Illinois Consumer Fraud Act: A Primer on Recent Developments By James R. Keller September 1999 Article, Page 474 The present state of the law for private causes of action under the Consumer Fraud Act.
The Consumer Fraud and Deceptive Business Practices Act does not apply to claims of excessive attorneys fees January 1999 Illinois Law Update, Page 13 On October 22, 1998, the Illinois Supreme Court reversed the appellate court's holding that the Consumer Fraud and Deceptive Business Practices Act applied to the commercial aspects of a law practice, including billing for legal services.