Plaintiff filed a lawsuit alleging that the defendant engaged in an unfair business practice under the Consumer Fraud and Deceptive Business Practices Act when the defendant’s agent charged an allegedly excessive and unreasonable fee to provide required disclosure documents under the Condominium Property Act. The circuit court dismissed the complaint pursuant to section 2-615 and plaintiff appealed, arguing that he properly stated a Consumer Fraud Act claim. The Illinois Supreme court affirmed the judgments of the lower courts, finding that plaintiff failed to state a legally sufficient claim because the complaint did not sufficiently allege a public policy violation or that the business practice was immoral, unethical, oppressive, or unscrupulous. (OVERSTREET, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring. TAILOR took no part in the decision)
Illinois Appellate Court
Civil Court
Consumer Fraud Act