Zahn v. North American Power & Gas, LLC

Dist. Ct. erred in dismissing for failure to state cause of action plaintiff’s lawsuit alleging that defendant breached contract, as well as violated Ill. Consumer Fraud and Deceptive Business Practices Act by charging plaintiff higher per kilowatt hour rate than what defendant stated in its new customer contract with plaintiff. As alleged in instant complaint, dispute as to what was promised and what actually occurred was sufficient to state viable breach of contract or deceptive business practice claim. Ct. further noted prior Ill. Supreme Ct. decision that found that Illinois trial court had subject-matter jurisdiction over this type of claim brought by residential customer against Alternative Retail Electric Supplier.