Dist. Ct. did not err in dismissing with prejudice plaintiffs’ class action alleging that defendant committed unfair and deceptive business practices under Illinois and Missouri statutes by advertising and selling one-hour massages but providing instead massages that lasted only 50 minutes. Plaintiffs’ lawsuit was subject to enhanced pleading requirements under Rule 9(b), where instant claim sounded in fraud because it relied upon same baseline allegation that defendant intentionally misled consumers by hiding information about length of massage time on its website. Moreover, plaintiff seeking recovery under Illinois statute failed to establish any damages arising out of defendant’s representation, since there was no allegation in complaint that her belief about length of massage caused her to make appointment for said massage. With respect to claim arising under Missouri statute, plaintiff failed to state in complaint what she saw on defendant’s website that led her to believe that she was paying for one hour of massage time, or what she paid for said massage. Also, Dist. Ct. could properly dismiss complaint with prejudice, where plaintiffs did not request from Dist. Ct. leave to amend complaint or suggest ways in which they might cure defects. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Fraud