Publications

Articles on Consumer Protection

Proposal would require cable and video providers to give notice of rates and promotional prices to current customers

July
2017
Illinois Law Update
Page 18
A proposed amendment to the Public Utilities Act would require cable and video providers to give customers notice of rates and promotional prices by mail or email.

New disclosure requirements and return policy standards for ticket brokers and resellers

January
2016
Illinois Law Update
Page 18
The Ticket Sale and Resale Act has been amended to impose disclosure requirements and require ticket sellers or brokers to have a return policy that meets certain standards.

Bill expands requirements for disclosing data breaches

By Matthew Hector
July
2015
LawPulse
Page 12
Collectors of data will have to notify consumers and the Illinois Attorney General about a broader range of breaches if a newly passed bill becomes law.

Amended reporting requirements for meat sellers

March
2014
Illinois Law Update
Page 120
The Meat and Poultry Inspection Act has been amended to add new reporting requirements for "Type 1" licensees, or facilities that sell meat, poultry, and other meat products.

New ground for funeral license denial or revocation

March
2014
Illinois Law Update
Page 120
The Illinois Funeral or Burial Funds Act has been amended to allow for the revocation, suspension, or denial of licensure to a funeral service provider if the applicant or licensee engages in a lockout in response to a strike, and the Comptroller has reason to believe that the lockout has negatively impacted consumers.

Pre-need funeral contracts see more consumer protection

December
2013
Illinois Law Update
Page 612
The Comptroller recently amended the Illinois Funeral or Burial Funds Act to clarify the consumer protections for pre-need funeral and burial services. 38 Ill. Adm. Code 610.

Those publishing criminal record information may not remove or modify that information in exchange for payment

December
2013
Illinois Law Update
Page 612
The Consumer Fraud and Deceptive Business Practices Act has been amended by making it unlawful for those who publish or disseminate criminal records information in print or electronic format, including members of the news media, to accept payment or other consideration for the removal or modification of such information.

Liquidated damages of $500 per Telephone Consumer Protection Act violation not punitive, and thus insurer must pay

August
2013
Illinois Law Update
Page 392
On May 23, 2013, the Illinois Supreme Court held that the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. section 227(b)(3) (2006), was a remedial statute, not a punitive statute.

Ban on zinc button batteries. PA 097-1107

April
2013
Illinois Law Update
Page 176
Illinois lawmakers have amended the Mercury-added Product Prohibition Act to restrict the sale and distribution of zinc batteries. 410 ILCS 46/10 and 46/27.

New rules regulate marketing, consumer contracts by retail electric suppliers

March
2013
Illinois Law Update
Page 124
Newly implemented rules adopted in part 412 of title 83 of the Illinois Administrative Code regulate marketing practices and set ground rules for consumer contracts and dispute resolution applicable for retail electric suppliers.

Court clarifies pleading requirements under Consumer Fraud Act

February
2013
Illinois Law Update
Page 72
On November 20, 2012, the Illinois Appellate Court, First District, determined that a defendant's intent to induce reliance by a consumer is a necessary element to proving a section 2 claim under the Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"), regardless of whether the defendant's action was a misrepresentation or omission of material fact.

Loan is null and void if made pursuant to Consumer Installment Loan Act by lender who is not licensed under that Act. PA 097-1039

January
2013
Illinois Law Update
Page 16
Illinois lawmakers have amended the Consumer Installment Loan Act (205 ILCS 670/20) and the Payday Loan Reform Act (815 ILCS 122/4-10) by declaring a loan made pursuant to either act to be null and void if its lender is not licensed under such act.

Online dating sites must indicate whether they perform criminal background checks. PA 097-1056

November
2012
Illinois Law Update
Page 580
State lawmakers have amended the Consumer Fraud and Deceptive Business Practices Act to further protect online daters (815 ILCS 505/2MMM new).

Choice-of-law clause does not control applicability of Consumer Fraud Act

September
2012
Illinois Law Update
Page 464
On June 20, 2012, the second district appellate court held that contractual choice-of-law and forum-selection clauses that provide for the application of Illinois law do not automatically permit a party to bring claims under the Illinois Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"). International Profit Associates, Inc. v. Linus Alarm Corp., ___ N.E.2d ___, 2012 IL App (2d) 110958.

The Dodd-Frank Act’s Impact on Consumer Litigation

By Donna M. Goelz and Timothy J. Howard
February
2012
Article
Page 100
Dodd-Frank is the most comprehensive overhaul of the financial services industry in recent history. Here's what it means for businesses and consumer finance litigators.

Hotels now required to install smoke detectors. PA 097-0447.

November
2011
Illinois Law Update
Page 556
The Smoke Detector Act has been amended to require hotels to install at least one approved smoke detector within 15 feet of every guestroom. (425 ILCS 60/3).

New scams target real estate lawyers

By Helen W. Gunnarsson
November
2011
LawPulse
Page 550
Scammers are using smartphones and apps to steal home-sale proceeds.

New warning requirements for child-related articles and jewelry containing lead. PA 097-0612.

November
2011
Illinois Law Update
Page 556
The Lead Poisoning Prevention Act has been amended to (i) narrow its definition of child care articles and toys containing paint, (ii) change the minimum statement required to appear on children's products, and (iii) define body piercing jewelry and worn jewelry covered by the Act (410 ILCS 45/6).

Rebate offers need to be accompanied by conspicuous and clear disclosures. PA 097-0308.

November
2011
Illinois Law Update
Page 556
Retailers offering merchandise rebate offers must now abide by new disclosure requirements. (815 ILCS 505/2LLL new).

New lead and mercury labeling requirements PA 095-1019

June
2009
Illinois Law Update
Page 284
The Illinois General Assembly amended section 6 of the Lead Poisoning Prevention Act and added two new sections to the Mercury-added Product Prohibition Act. 410 ILCS 45/6, 410 ILCS 46/22, 23. 

Living trust amendment drafted by a nonlawyer ruled invalid

By Helen W. Gunnarsson
September
2008
LawPulse
Page 438
A living trust amendment drafted by a nonlawyer is invalid under the Consumer Fraud and Deceptive Business Practices Act, the Illinois Appellate Court rules.

Arbitration clause unconscionable where customer does not see agreement

September
2007
Illinois Law Update
Page 460
On July 10, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County finding the Customer Agreement between Charlotte Bess and DirecTV procedurally unconscionable and therefore unenforceable.

No consumer fraud where plaintiff did not rely on allegedly misleading material

April
2007
Illinois Law Update
Page 176
On February 2, 2007, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the plaintiff's consumer fraud, breach of warranty, and medical monitoring claims against defendant Bayer Corporation (Bayer), after its recall of the drug Baycol.

Bad faith needed for defendant to receive attorney fees under the Consumer Fraud Act

March
2007
Illinois Law Update
Page 124
On December 21, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, and the Circuit Court of Cook County, striking the defendants' petition for fees.

Basic “right to privacy” inherently includes interests of secrecy and seclusion

February
2007
Illinois Law Update
Page 72
On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 

Imitation music groups face new guidelines for avoiding consumer fraud - PA 094-0854

January
2007
Illinois Law Update
Page 14
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act, forbidding performing music groups from misleading the public into false associations with other recording music groups.

New rules for work-at-home solicitations - PA094-0999

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 

Substantive Amendments to Contracts: Don’t Breathe New Life into Unwanted Provisions

By Joan M. Kubalanza and Kevin J. Clancy
March
2006
Article
Page 146
An amendment to a 1906 real estate lease produced a huge unexpected rent increase. Don't let it happen to you.

A big win for Big Tobacco

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
The Illinois Supreme Court barred plaintiffs' class action claim and overturned a $10-plus billion award against Philip Morris. But experts doubt the case will have much precedential power outside Illinois.

No state-law claims of usury against a national bank

January
2006
Illinois Law Update
Page 16
On November 10, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, granting summary judgment for defendant EquiCredit Corp of America.

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