Camasta v. Jos. A. Bank Clothiers, Inc.

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s lawsuit alleging that defendant violated Ill. Consumer Fraud and Deceptive Business Practices Act when it labeled as sales promotion its offer to give plaintiff two free shirts upon purchase of one shirt, where, according to plaintiff, said sales promotion was actually defendant’s practice to advertise normal retail prices as temporary price reduction. Plaintiff failed to allege that he paid more than actual value of merchandise he received, or that he actually shopped around and found same shirts for lower price. Fact that plaintiff claimed that he had impractical ability to comparison shop did not require different result, where case law required that plaintiff gather sufficient factual information to include in complaint alleging fraud.