People, ex rel. Madigan v. United Construction of America

To plead a violation of Section 2 of Consumer Fraud Act, Attorney General must allege that defendants committed a deceptive act or practice, that defendants intended for customers to rely on that deceptive act or practice, and that the deception occurred in the course of conduct involving trade or commerce. If Attorney General alleges that deceptive act was a misrepresentation, she must also allege that defendants intended for consumers to rely on that misrepresentation. Attorney General need not demonstrate that defendants’ actions proximately harmed any consumers to establish her standing to litigate a violation of the Act and to seek injunctive and other relief as authorized in Section 7 of Act. (HARRIS, concurring; QUINN, specially concurring.)