Gamboa v. Alvarado

Plaintiffs sued Defendants under Consumer Fraud Act, alleging they were victims of immigration scam wherein Defendants falsely promised them they would obtain legalization or citizenship documents for Plaintiffs for $15,000 each, but failed to deliver on their promises and then refused to return their money. Illegality of contract is not a valid defense to Plaintiffs' claims, as Plaintiffs are not seeking enforcement of their agreement or asserting breach of contract, but are seeking reimbursement of monies they paid under apparently fraudulent contract. Plaintiffs were not in pari delicto with Defendants, as they spoke little English, and did not know that Defendants were lying or were unable to deliver on their promises, and would not necessarily know the agreement was illegal or that they had recourse under Section 2AA of Consumer Fraud Act. (CUNNINGHAM and CONNORS, concurring.)