Publications

Articles on Consumer Protection

Consumer Fraud and Deceptive Business Practices Act amended for added consumer protection - PA 094-0074

September
2005
Illinois Law Update
Page 446
The Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/1 et seq) has been altered in an effort to provide heightened protection to the credit information of Illinois consumers.

The New Bankruptcy Law: A Consumer Lawyer’s Guide

By James J. Haller and William A. Mueller
September
2005
Article
Page 454
The new act takes effect next month: here are the most important changes to Chapters 7 and 13.

More protection for children under the age of 9 years - PA 094-0011

August
2005
Illinois Law Update
Page 390
On June 8, 2005, the Children's Product Safety Act ("Act") is amended by raising the age of children protected under the Act from under the age of 6 years, to any child under the age of 9 years. 

Business acts amended for improved consumer protection - PA 093-0950

July
2005
Illinois Law Update
Page 336
The Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505) consists of modified stipulations concerning automatic contract renewals.

New reg requires law firms to “properly dispose” of consumer info

By Helen W. Gunnarsson
July
2005
LawPulse
Page 330
Effective June 1, a Federal Trade Commission regulation requires businesses – including law firms – to destroy sensitive information derived from consumer credit reports.

Internet service providers now regulated by the Consumer Fraud and Deceptive Business Practices Act P.A. 093-1016

December
2004
Illinois Law Update
Page 620
Effective in 2005, Internet service providers will be regulated by the Illinois Consumer Fraud and Deceptive Business Practices Act. 

Consumer Fraud Act protections for car dealers deemed “special legislation”

By Helen W. Gunnarsson
December
2003
LawPulse
Page 594
A recent Illinois Supreme Court case hands car buyers a victory.

Consumers Protected from Fraud in Auto Repair P.A. 093-0565

December
2003
Illinois Law Update
Page 600
Effective January 1, 2004, the state will require more effective information sharing between consumers and facilities making car repairs. 

Legislature Increases Penalties for Home Repair Fraud P.A. 93-0542

November
2003
Illinois Law Update
Page 550
The Legislature added a provision to the Home Repair Fraud Act providing that if a person commits aggravated home repair fraud.

The Structured Settlement Protection Act helps judges say “no”

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.

Changes adopted for motor vehicle advertising

July
2003
Illinois Law Update
Page 332
The Illinois Office of the Attorney General recently implemented changes to 14 Ill Adm Code 475, concerning motor vehicle advertising.

Exception under Consumer Fraud Act for misleading statements inapplicable to realtors; amended complaint sufficiently pled claim of negligent misrepresentation, violations of Consumer Fraud Act, Real Estate License Act

July
2003
Illinois Law Update
Page 332
On April 15, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed and remanded in part the order of the circuit court of DuPage County dismissing the plaintiff's amended complaint with prejudice.

“UCITA” spells “anti-consumer”?

By Helen W. Gunnarsson
April
2003
LawPulse
Page 162
Adoption of the Uniform Computer Information Transactions Act would stack the deck in favor of software manufacturers and against the buying public, critics say.

Amendments to Consumer Fraud and Deceptive Business Practices Act requiring pre-filing notification to car dealers are unconstitutional

September
2002
Illinois Law Update
Page 454
On June 28, 2002, the Appellate Court of Illinois, First District, held that the 1993 and 1996 amendments to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1996).

Plaintiff’s “marketing theory” of causation insufficient to satisfy proximate cause under Illinois Consumer Fraud and Deceptive Business Practices Act

September
2002
Illinois Law Update
Page 454
On June 20, 2002, the Illinois Supreme Court reversed the appellate court and affirmed the trial court's dismissal of the plaintiff's amended class action complaint.

Law restricts the deceptive sale or promotion of health-related cash discount cards P. A. 92-0296

August
2002
Illinois Law Update
Page 402
On August 9, 2001, Gov. George H. Ryan signed into law House Bill 3179, which adds a new section to the Consumer Fraud and Deceptive Business Practices Act by restricting the deceptive sale or promotion of health-related discount cash cards.

Plaintiffs allegations of “bait and switch” advertising were sufficient to state claims under the Illinois Consumer Fraud and Consumer Loan Acts when lender advertised a new loan but refinanced an old loan at unfavorable rates

July
2002
Illinois Law Update
Page 344
On March 27, 2002, The Appellate Court of Illinois, First District, Third Division, reversed the dismissal of the plaintiffs' consumer class action under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1998) and the Illinois Consumer Installment Loan Act, 205 ILCS 670/18 (1998).

New rules for use of interpreters in retail transactions or negotiations P.A.92-0478

April
2002
Illinois Law Update
Page 176
New legislation amends the Consumer Fraud and Deceptive Business Practices Act concerning retail transactions conducted in a language other than English.

Legislation enacts the Prizes and Gifts Act; P.A. 92-436

February
2002
Illinois Law Update
Page 66
Legislation enacted in August aims to protect consumers from deceptive advertising of sweepstakes and other promotional contests.

Purchaser of used car stated claim for fraud based on concealment of known defect and statute of limitations for implied warranty began to toll anew when used vehicle was sold

January
2002
Illinois Law Update
Page 14
On October 19, 2001, the Appellate Court of Illinois, First District, reversed the Circuit Court of Cook County, which dismissed the plaintiff's complaint alleging consumer fraud and breach of the implied warranty of merchantability.

Motor vehicle advertising

June
2001
Illinois Law Update
Page 286
On March 20, 2001, the Illinois Attorney General adopted amendments to section 475 of the Illinois Administrative Code. 14 Ill Adm Code 475.

A Buyer’s Obligation to Give Notice of a Defective Product in Illinois

By Lisa Macrito
January
2001
Article
Page 34
What constitutes sufficient notice under Illinois' version of the UCC? This article reviews three important cases.

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

New law protects consumers from predatory lenders ; P.A. 91-698

July
2000
Illinois Law Update
Page 380
Public Act 91-698, which became effective when signed on May 6, is designed to protect Illinois consumers from predatory lenders by authorizing the Department of Financial Institutions and the Office of Banks and Real Estate to promulgate rules regulatin regulating the activities of lenders they license.

Consumer protection law protects caller ID benefits; P.A. 91-182

May
2000
Illinois Law Update
Page 252
Under a new Illinois law, consumers with caller identification service are now protected from telemarketer and automatic dialer schemes designed to impede the advantages of their service.

Illinois Electronic Mail Act created; P.A. 91-233

May
2000
Illinois Law Update
Page 252
Beginning January 1, 2000, electronic mail users now have increased protection over their accounts.

FDA pre-market approval of pacemakers did not preempt state law claims against manufacturer

February
2000
Illinois Law Update
Page 68
On December 2, 1999, the Illinois Supreme Court reversed the appellate court and found that FDA pre-market approval of pacemakers was not a federal requirement.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

Illinois Consumer Fraud Act: A Primer on Recent Developments

By James R. Keller
September
1999
Article
Page 474
The present state of the law for private causes of action under the Consumer Fraud Act.

The Consumer Fraud and Deceptive Business Practices Act does not apply to claims of excessive attorneys fees

January
1999
Illinois Law Update
Page 13
On October 22, 1998, the Illinois Supreme Court reversed the appellate court's holding that the Consumer Fraud and Deceptive Business Practices Act applied to the commercial aspects of a law practice, including billing for legal services.

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