Wigod v. Wells Fargo Bank, N.A.

Dist. Ct. erred in dismissing plaintiff's putative class action lawsuit alleging state-law claims of breach of contract, promissory estoppel, fraud and deceptive business practices under Ill. Consumer Fraud and Deceptive Business Practices Act (ICPA) arising out of alleged scheme in which defendant-bank issued 4-month temporary trial loan under Home Affordable Mortgage Program (HAMP) to plaintiff and other homeowners seeking to avoid foreclosure on their homes, but then refused to grant plaintiff and others permanent modifications on their mortgages even though plaintiff and others qualified for said modifications under HAMP guidelines. Plaintiff sufficiently alleged breach of contract, promissory estoppel, fraud and ICPA actions, but could not proceed on negligent misrepresentation or concealment counts since plaintiff asserted in those counts only economic damages arising from her contractual relationship with defendant. Moreover, although Ct. noted that HAMP did not provide plaintiff with private cause of action, Ct. rejected defendant's argument that instant state law claims were either preempted by federal law or constituted improper attempt to assert cause of action under HAMP.