Consumer Fraud Attorney in Chicago
Consumer fraud is governed by the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1), also known as the “ICFA.” The ICFA is a regulatory and remedial statute intended to protect consumers, borrowers, and business persons against fraud, unfair methods of competition, and other unfair and deceptive business practices. The ICFA was enacted to provide broader consumer protection than a common law fraud cause of action. While a common law fraud claim requires a consumer to allege that the defendant intended to deceive the consumer, under the ICFA, a consumer is not required to allege that the defendant intended to deceive, but only that the defendant intended for the consumer to rely on the deception or practice.
In order to adequately plead a cause of action under the ICFA, a plaintiff must allege: (1) a deceptive act or practice by the defendant; (2) the defendant’s intent that the plaintiff rely on the deception; (3) that the deception occurred in the course of conduct involving trade or commerce; and (4) actual damage to the plaintiff (5) proximately caused by the deception. Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 501 (1996).
Alternatively, a plaintiff may recover against a defendant for an unfair practice as opposed to deceptive conduct. In order to allege that a practice is unfair, a plaintiff must plead that the practice: (1) offends public policy; (2) is immoral, unethical, oppressive, or unscrupulous; and (3) causes substantial injury to consumers. Robinson v. Toyota Motor Credit Corp., 201 Ill. 2d 403, 417 (2002).
If you have been the victim of an unfair or deceptive practice, please contact our consumer fraud attorney so that we can determine whether you have a viable case. If we prevail, you may even be entitled to recover you attorney’s fees from the defendant.
DISCLAIMER: The above is not to be construed as legal advice nor the creation of an attorney-client relationship. Each case will depend on its own facts.