Chicago Business Litigation Lawyer Blog

If you believe you know someone who has been a victim of auto fraud or has been deceived into buying a flood, rebuilt wreck or salvage vechicle or who has been cheated on car financing or an extended warranty DiTommaso-Lubin may be able to help rectify the problem. We or experienced co-counsel are prepared to file suit in the right case anywhere in the country. For a free consultation on your rights as an employee, contact us today.

Our Auto Fraud, RV Fraud, and Boat Fraud private law firm and our affliated co-counsel handle individual and class action consumer rights, lemon law, and auto fraud lawsuits that government agencies and public interest law firms may decide not pursue. Class action lawsuits our law firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to employee and consumer fraud and rip-offs, and in the right case filing employee or consumer protection lawsuits and class-actions you too can help ensure that consumers' rights are protected from unscrupulous, illegal or dishonest practices.

As the below video shows it is easy for dishonest cars dealers to sell you a rebuilt wreck or flood vechicle by simply making quick cosmetic fixes.

If you believe you know someone who has been a victim of auto fraud or has been deceived into buying a flood, rebuilt wreck or salvage vechicle or who has been cheated on car financing or an extended warranty DiTommaso-Lubin may be able to help rectify the problem. We or experienced co-counsel are prepared to file suit in the right case anywhere in the country. For a free consultation on your rights as an employee, contact us today.

Our Auto Fraud, RV Fraud, and Boat Fraud private law firm and our affliated co-counsel handle individual and class action consumer rights, lemon law, and auto fraud lawsuits that government agencies and public interest law firms may decide not pursue. Class action lawsuits our law firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to employee and consumer fraud and rip-offs, and in the right case filing employee or consumer protection lawsuits and class-actions you too can help ensure that consumers' rights are protected from unscrupulous, illegal or dishonest practices.

Our Naperville, Evanston, Aurora, Waukegan, Arlington Heights, Downers Grove, Lisle, Evanston, Elgin, Elmhurst, Joliet, Elgin, Woodridge, Naperville, Highland Park, Northbrook, Wilmette, Wheaton, Waukegan, Oak Brook, Lombard, Hinsdale and Chicago consumer law, auto fraud and lemon law lawyers and attorneys provide assistance in car, RV and automobile and consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Chicago area consumer rights, predatory lending or consumer protection lawyers who can assist in lemon law, auto fraud, RV fraud, wage claim, lemon law, unfair debt collection, junk fax, prerecorded telephone solicitations, and other consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

This video describes how senior citizens and disabled persons are often targeted for consumer scams and rip-offs.

Based in Chicago, Wilmette and Oak Brook, Ill., DiTommaso-Lubin handles informercial, stock broker, auto dealer and RV dealer fraud and other consumer fraud and lemon law litigation for clients in Wheaton, Naperville,Wheaton, Waukegan, Evanston, Joliet, Aurora, Elgin, Lisle and in other parts of Illinois, the Midwest and throughout the United States. In addition to helping individuals and families, our Chicago class action attorneys have successfully handled numerous consumer rights class actions. If you believe you're a victim of fraud and misrepresentations or a deceptive business practice, please contact us as soon as possible to learn about your rights at a free consultation.

Our Chicago Auto Fraud and Lemon Law Lawyers can assist victims of auto dealers and automakers who purchased certified used cars that turned out to be rebuilt wrecks, salvage vechicles or involved in a serious accident. We have represented a number of victims of this practice. Automakers charge car dealers a fee to certify used cars. However the Automakers do not police their dealers to ensure that the dealers have properly certified and inspected the used cars before certifying them for the Automaker.

If you believe you know someone who has been a victim of auto fraud or have been deceived into buying a flood car or rebuilt wreck of salvage vechicle DiTommaso-Lubin may be able to help rectify the problem. We or experienced co-counsel are prepared to file suit in the right case anywhere in the country. For a free consultation on your rights as an employee, contact us today.

Our Auto Fraud, RV Fraud, and Boat Fraud private law firm and our affliated co-counsel handle individual and class action consumer rights, lemon law, and autofraud lawsuits that government agencies and public interest law firms may decide not pursue. Class action lawsuits our law firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to employee and consumer fraud and rip-offs, and in the right case filing employee or consumer protection lawsuits and class-actions you too can help ensure that consumers' rights are protected from unscrupulous, illegal or dishonest practices.

Our Naperville, Evanston, Aurora, Waukegan, Arlington Heights, Downers Grove, Lisle, Evanston, Elgin, Elmhurst, Joliet, Elgin, Woodridge, Naperville, Highland Park, Northbrook, Wilmette, Wheaton, Waukegan, Oak Brook, Lombard, Hinsdale and Chicago consumer law, auto fraud and lemon law lawyers and attorneys provide assistance in car, RV and automobile and consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Chicago area consumer rights, predatory lending or consumer protection lawyers who can assist in lemon law, auto fraud, RV fraud, wage claim, lemon law, unfair debt collection, junk fax, prerecorded telephone solicitations, and other consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

As Illinois consumer rights lawyers we are pleased to see that Illinois Attorney General LIsa Madigan maintains an extensive website with many resources to provide information on important consumer rip-offs and ways for consumers to protect themselves. The website contains links to many publications and articles on consumer rights topics such as id theft, autobuying finance and repair, and consumer alerts and warnings. The website also provides access to consumer complaint forms to file with the Attorney General.

Our consumer rights private law firm handles individual and class action unfair debt collection and other consumer fraud cases that government agencies and public interest law firms such as the Illinois Attorney General may not pursue. Class action lawsuits our law firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers' rights are protected from consumer rip-offs and unscrupulous or dishonest practices.

Our Naperville, Evantston, Aurora, Waukegan, Joliet, Elgin, Highland Park, Northbrook, Wilmette, Wheaton, Oak Brook, and Chicago consumer lawyers provide assistance in fair debt collection, consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Chicago area consumer protection lawyers who can assist in lemon law, unfair debt collection, junk fax, prerecorded telephone solicitations, and other consumer, consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

Our Chicago, Wheaton, Naperville and Waukegan, Illinois consumer fraud attorneys found the below video on 4 common types of consumer fraud to be informative.

Based in Chicago, Wilmette and Oak Brook, Ill., DiTommaso-Lubin handles informercial, stock broker, auto dealer and RV dealer fraud and other consumer fraud litigation for clients in Wheaton, Naperville,Waukegan, Evanston, Joliet, Aurora, Elgin, Lisle and in other parts of Illinois, the Midwest and throughout the United States. In addition to helping individuals and families, our Chicago class action attorneys have successfully handled numerous consumer rights class actions. If you believe you're a victim of fraud and misrepresentations or a deceptive business practice, please contact us as soon as possible to learn about your rights at a free consultation.

DiTommaso-Lubin is pleased to announce that we are part of a large auto dealer fraud class action lawsuit that recently survived a dismissal motion in the Eastern District of Michigan. In Re: OnStar Contract Litigation is a proposed class action consolidating lawsuits from around the nation against OnStar Corporation and four automakers that include the company’s technology in their new vehicles.

Along with other attorneys, our auto dealer fraud lawyers represent consumers who purchased vehicles with a version of OnStar that relies on analog cellular phone technology. The FCC voted in 2002 to phase out that technology and replace it with digital by Feb. 18, 2008. The “sunset period” was intended to allow companies time to phase out products based on analog technology and replace them with digital products. Nonetheless, our consolidated suit alleges, OnStar and the car manufacturers continued to sell analog OnStar to consumers allegedly without notifying them of the phase-out. When allegedly it did belatedly inform analog customers that their product would no longer work, it offered them a chance to pay for an upgrade to digital technology.

The case was consolidated in the U.S. District Court for the Eastern District of Michigan. On Feb. 19, 2009, the court considered the defendants’ motions to dismiss. In its opinion and order, the court started by rejecting the defendants’ request for a choice-of-law determination, saying it is inappropriate to make a choice this early. Thus, it declined to consider motions related to choice of law. However, it did order limited discovery on the choice of law to allow the court to determine class certification.

The court then turned to challenges to the complaint itself. First, it dismissed claims under the Michigan Consumer Protection Act on the grounds that no named plaintiffs live or purchased their vehicles in Michigan. Next, it considered claims based on consumer protection statutes in all states where plaintiffs reside. Defendants challenged some of these as untimely, since the statute of limitations had run; plaintiffs countered that the statute should be tolled due to fraudulent concealment and a discovery rule should be applied. More importantly, the plaintiffs alleged that this should be decided after discovery, in a summary judgment motion. The court agreed and declined to dismiss those claims.

OnStar separated from other defendants to move to dismiss on the grounds that state consumer protection laws require more particular allegations of fraud than had been stated by the plaintiffs. The court rejected this argument, noting that the Sixth Circuit has rejected a strict reading of the fair notice requirement. The complaint itself should be sufficient to allow defendants to file an answer. It also rejected the argument that OnStar is not an appropriate defendant because the plaintiffs didn’t show that there was a true joint venture between them and the auto manufacturer defendants. There is no heightened standard for this, the court noted, and it is not appropriate to resolve at the pleadings stage.

The court next considered arguments for dismissal involving individual plaintiffs and their individual states’ consumer protection laws. With one exception, the court rejected all of the defendants’ arguments. In most cases, it found the caselaw cited insufficient. Nor did providing a pamphlet about OnStar sufficiently defeat the claim that OnStar failed to disclose the analog phase-out, as Subaru argued, the court said. However, the court did grant a dismissal as to two plaintiffs in the state of New York, because the applicable statute there bars plaintiffs from seeking exemplary or minimum damages in a class action.

Likewise, the court granted the motion to dismiss on the plaintiffs’ breach of express warranty claim. Express warranties come with time or mileage limitations, the court noted, and many of the plaintiffs have already exceeded those limitations. The defendants cited several cases in support of its position, and the court found plaintiffs’ arguments that there were other express warranties unconvincing. Thus, where vehicles have fulfilled the term of their express warranties before the scheduled analog phase-out on Feb. 18, 2008, the court said this claim must fail.

Finally, the court declined to rule on motions to dismiss claims based on breach of implied warranty and thus the federal Magnusson-Moss Warranty Act, because they require a choice of law that it found inappropriate at this stage. Thus, the dismissal motions were granted in part and denied in part and set for limited discovery.

DiTommaso-Lubin is proud to be a part of this auto-fraud class action lawsuit. Our firm regularly handles consumer fraud and consumer protection individual and class-action litigation, including lawsuits over defective products, “lemon” cars, trucks and RVs, deceptive advertising, billing fraud and debt collector abuses. Based in Chicago and Oak Brook, Illinois, near Wheaton, we defend consumers’ rights throughout the Midwest and the United States. If you’re ready to fight back against unfair and deceptive business practices, we offer free, confidential consultations. To set one up, you can contact us online or call toll-free at 1-877-990-4990.

The below video provides useful tips for avoiding internet fraud when purchasing a car online:

Our Naperville, Wheaton, Oak Brook, and Chicago consumer attorneys provide assistance in lemon law, breach of warranty auto-dealer, auto-fraud, RV fraud, and boat fraud cases. Click here to review examples of some of the consumer fraud and class action cases we have litigated. We represent consumers in cases where the sellers have concealed that cars, Rvs or boats have been in serious accidents, in a flood or have other hidden defects which the sellers concealed at the time of sale. We also litigate many other types of consumer fraud and consumer rights cases in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here.

Class action lawsuits our firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers' rights are protected from corporate misdeeds.

You can contact one of our Chicago area consumer protection lawyers here who can assist in lemon law, unfair debt collection, junk fax, prerecorded telephone solicitations, and other consumer, consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

If you believe you are the victim of a consumer fraud or scam that is harming many other individuals you should file a report with the Federal Trade Commission. The FTC maintains a Consumer Sentinel database which can be used by law enforcement authorities all over the world to fight consumer fraud. Click here if you want to learn more about that database or want to make a complaint with the FTC.

The FTC has this to say about its Consumer Sentinel database:

Your complaints can help us detect patterns of wrong-doing, and lead to investigations and prosecutions. The FTC enters all complaints it receives into Consumer Sentinel, a secure online database that is used by thousands of civil and criminal law enforcement authorities worldwide. The FTC does not resolve individual consumer complaints.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them.

If you are a victim of consumer fraud, unfair debt collection practices, or purchased a lemon automobile, rv or boat our Illinois based consumer fraud and class-action private sector lawyers may be able to assist you obtaining redress if the FTC, Illinois Attorney General or other government agency is unable to help you get your money back.

Class action lawsuits our firm has been involved in or spear-headed have led to very large consumer recoveries and in addition substantial awards totalling over a million dollars going to national and local consumer rights organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer organizations and law school legal aid clinics obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers' rights are protected from corporate misdeeds.

Our Naperville, Waukegan, Wilmette,Wheaton, Oak Brook, and Chicago consumer attorneys provide assistance in consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Chicago area consumer protection lawyers here who can assist in lemon law, tele-marketing fraud, infomercial scams and frauds, unfair debt collection, junk fax, pre-recorded telephone solicitations, and other consumer, consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

One of the best websites to learn about consumer law issues and to find lawyers who specialize in consumer rights issues is the website of the National Association of Consumer Advocates.

The website contains numerous links to sections on Auto Fraud, Lemon Law, Predatory Lending Practices, Credit Reporting Problems and Debt Collection Abuse.

Class action lawsuits our firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers' rights are protected from corporate misdeeds.

Our Naperville, Wheaton, Oak Brook, and Chicago consumer attorneys provide assistance in consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Chicago area consumer protection lawyers here who can assist in lemon law, unfair debt collection, junk fax, prerecorded telephone solicitations, and other consumer, consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

The National Consumers League's Fraud Center is one of the best informational websites on the internet to learn about consumer rights and protection issues. Informed consumers are best armed to protect themselves from consumer scams and consumer frauds. The website contains sections for Telemarketing Fraud, Internet Fraud, Scams Against Businesses, Scams Against Elderly, Counterfeit Drugs, and a Fraud News section.

DiTommaso-Lubin is a private consumer rights law firm who associates with other law firms around the country that can help you recover funds lost due to fraud against brick and mortar companies in the United States with assets. All too often with many internet and telemarketing frauds this may not be possible as the scam artists may be overseas, hard to locate or without assets.

Class action lawsuits our firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers' rights are protected from corporate misdeeds.

Our Naperville, Waukegan, Wilmette, Wheaton, Oak Brook, and Chicago consumer attorneys provide assistance in consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Chicago area consumer protection lawyers here who can assist in lemon law, unfair debt collection, junk fax, prerecorded telephone solicitations, and other consumer, consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

One of the best websites to obtain information about consumer law topics and purchase consumer and lawyer oriented publications and books about consumer rights issues is the website of the National Consumer Law Center.

A particularly well done book offered by the National Consumer Law Center is called Surviving Debt. It is a "how to" book that consumers can use to learn about their rights regarding matters such as unfair debt collection practices. The National Consumer Law Center provides a detailed description of the book.

The National Consumer Law Center describes Surviving Debt as follows:

This new edition contains strategies on:

Dealing with debt collectors
Saving your home or car
Which debts to pay first and common mistakes consumers make that can actually get them into even more trouble
Managing credit card debt
Stopping eviction, lockouts and utility shut-offs
When you should and should not worry about your credit rating
When to refinance
Student loan consolidation options
How to find effective credit counseling agencies
Alternatives to filing bankruptcy and more
And includes a detailed index, and list of helpful websites
You Have Many Important Consumer Rights

If you are having debt problems, you may feel overwhelmed and powerless. During periods of financial hardship, you may not have the resources to pay pressing debts, to meet family needs, and to get necessary legal help. You may feel helpless to fight debt collectors pressing you for payment or threatening to seize your home, car, or other possessions.

In writing this book, we hope to help you even the playing field, and to make the best choices possible despite difficult financial circumstances. We will explain which debts you can ignore for a period of time while you get back on your feet. When you cannot ignore a particular debt without serious consequences, such as foreclosure or repossession, this book sets out helpful options to deal with these problems, both in the short term and the long run.

This book also explains your rights as a consumer. You are not powerless. Many federal and state laws are designed to provide help to people facing financial problems. These include protection against abusive debt collectors, relief from unfair business practices, limits on wage garnishments and seizures of property, and the right to eliminate many obligations in bankruptcy. In most cases, however, you need to know about your rights in order to exercise them. This book attempts both to explain these rights and tell you when and how to utilize them.

Class action lawsuits our firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. DiTommaso-Lubin is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers' rights are protected from corporate misdeeds.

Our Naperville, Aurora, Elgin, Wilmette, Highland Park, Waukegan, Wheaton, Oak Brook, and Chicago consumer attorneys provide assistance in consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Chicago area consumer protection lawyers here who can assist in lemon law, unfair debt collection, junk fax, prerecorded telephone solicitations, and other consumer, consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.

A statement that a car has not been involved in an accident and "it's fine" can constitute common-law fraud and a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, the First District Court of Appeal has ruled. In Hanson-Suminski v. Rohrman Midwest Motors, Inc., 1-07-0755 (Nov. 7, 2008), a customer successfully sued after she discovered that her used car had been in an accident, even though the dealer who sold it to her had told her it was not. The appeals court rejected the dealership's arguments that both the decision and the financial award were erroneous.

The plaintiff, Traci Hanson-Suminski, bought a used 2002 Honda Civic from defendant Arlington Acura in Palatine, Ill. On the test drive, she asked the salesman if the car had been in an accident, to which he replied "No, it's fine." She did not take the car to an independent mechanic or get a Carfax sheet, nor did the salesman advise her that she could do so. She discovered that the car had indeed been in a rollover accident causing "moderate or severe" damage the following year, when she tried to trade it in. At trial, witnesses testified that the car had a "green light" at the auction where the dealership bought it, indicating no title problems, but that a car in good condition should have been more expensive. The plaintiff prevailed on her common-law fraud claim at a jury trial and on her Consumer Fraud Act claim at a bench trial. To avoid an illegal double recovery, the judge ruled that the Consumer Fraud Act claim would be satisfied with the jury's common-law fraud verdict.

On appeal, the defendant argued that the plaintiff should not have prevailed on her Consumer Fraud Act claim, in part because she failed to show that fraud could have been avoided with reasonable prudence, and because the salesman's statement was mere "puffery." In its opinion, the appeals court cited Harkala v. Wildwood Reality, Inc., 200 Ill. App. 3d 447, 453 (1990), to show that the plaintiff had no obligation to double-check the salesman's statement that the car had not been in an accident. Furthermore, it said, a car's accident history is not a matter of public knowledge, as that case required. "Puffery" is a legal term for exaggerations used in advertising, which no reasonable person would believe. Because it was reasonable to believe the salesman was not lying, and it is not reasonable to think that car salespeople always claim cars are accident-free, the court said, it dismissed the puffery claim as without merit.

The defendant also appealed as to damages, arguing that the amount of damages was excessive because it was based on "optimal retail value" of the car rather than the price the plaintiff actually paid. The court disagreed, pointing to caselaw saying that absolute certainty of an item's value is not required in consumer fraud damages awards; there must only be adequate basis for the award in the record. The defendant then argued that the Consumer Fraud Act award was barred by the common-law fraud award and the doctrine of election of remedies -- which says that a plaintiff who makes two inconsistent legal claims for the same injury must choose which remedy to rely on, or the second is waived. However, the appeals court noted that both fraud claims were part of the same action and that in fact one claim was satisfied by the judgment of the other, so election of remedies did not apply.

DiTommaso-Lubin has an active practice in auto dealer and RV dealer fraud, including consumer fraud class actions. If you believe you're a victim of deceptive practices by an auto dealer or have bought a "lemon," please contact our Chicago class action and consumer attorneys today to learn about your rights and the legal remedies available to you.

A federal breach of warranty case of ours IWOI v. Monaco Couch recently survived a motion to dismiss in U.S. District Court for the Northern District of Illinois. Our client, a limited liability company formed in Montana, bought a motor home in Illinois and allegedly discovered that it had a twisted frame causing it to list to one side, requiring constant steering corrections. On discovering this alleged defect, the individual owning the LLC brought it back to the dealership the very next day for the first of three unsuccessful repair attempts. Per the manufacturer's warranty, he submitted his complaints in writing to the manufacturer, Monaco Coach after these three repair attempts. The alleged defects remain, and we alleged in our filings that neither the manufacturer nor the dealer has agreed to accept the motor home for return or fixed the problems.

Our client sued both the manufacturer and the dealer under the federal Magnuson-Moss Warranty Act, the Illinois Consumer Fraud Act and other state claims. In defense, the defendants argued that our client was not a "consumer" within the meaning of federal law; this claim was flatly denied by the Court, which found no allegations in the Complaint to support it. On the Illinois Consumer Fraud Act issues, the Court also identified several alleged facts suggesting that Monaco Coach may well have known of the problems before the RV was sold, as we alleged. Thus, those claims also survived.

Furthermore, the trial court decided that our client could revoke its acceptance of the dealer's "AS IS" condition and the dealer's disclaimer of all implied warranties, a claim under the Illinois Commercial Code. The Seventh Circuit has addressed this issue in Priebe v. Autobarn, Ltd., 240 F.3d 584, 588 (7th Cir. 2001), in which it adopted an earlier ruling stating that consumers may revoke their acceptance even when the dealer has properly disclaimed implied warranties, if the evidence is clear that the vehicle's substantial defects clearly impair its value to the plaintiff. This allowed our client's Magnuson-Moss Act and state conversion claims to survive as well.

Although this case is at the trial court level, we believe the judge's interpretation of Seventh Circuit and Illinois precedent on Magnuson-Moss and the Illinois Consumer Fraud Act is good news for consumers. As auto and RV dealer fraud lawyers in Chicago, Naperville and Oak Brook, Ill., we believe automotive dealers take advantage of consumers' lack of education about their rights far more often than they are caught. When they are caught, they should not be allowed to wiggle out of liability for their actions with an unfair, high-pressure contract that the consumer has little room to renegotiate. Both the Magnuson-Moss Act (which governs how warranties may be offered) and the Illinois Consumer Fraud Act were specifically intended to help consumers fight this behavior.

If you believe you may be a victim of automotive dealer fraud or another type of consumer fraud and you're ready to fight back, please contact DiTommaso-Lubin online, via telephone or at our offices near or in Naperville, Wheaton, Oak Brook or Chicago.

To see more about our firm and the consumer rights, consumer fraud, lemon law and class action cases we have handled click here.

Are you a consumer with questions or concerns related to potential fraud and do not know what government agency to contact? The Chicago Federal Reserve Bank provides a web page that allows you to link to government agencies that may help you. The web page has links to federal and state banking agencies, federal and state securities agencies, and state insurance agencies located in Illinois, Indiana, Iowa, Michigan, and Wisconsin. You can also link to various useful financial , insurance, and banking tools, and to lists of financial services regulators, and consumer complaint filing information. Click here to link to the Chicago Federal Reserve Fraud web page.

If you need legal assistance in pursuing a civil lawsuit because government regulators cannot help you in recovering money lost due to fraud, our private sector lawyers can assist you by clicking here to contact us.

Our law firm helps Chicago area consumers who are victims of auto and RV fraud or who purchased vechicles that are lemons to pursue lawsuits to regain their lost investment. For more information about our Nationwide Consumer Rights lawyers click here.

There are many practical ways to protect yourself from auto and RV fraud or from purchasing a lemon vechicle.

The National Association of Consumer Advocates provides the following well thought out advice on how to avoid auto fraud:

Auto Fraud Purchasing a new or used automobile is a major investment for the average American today. Not only is there the initial cost of the automobile itself to consider. In a commuter society, reliable transportation is a key factor to financial prosperity for most Americans. Many of us depend on our cars to get to the places where we can earn more money, so that we can not only pay off the car loan, but also the car insurance, the mortgage, the credit card, and the household bills. Having a dependable vehicle is as central as ever to the way most Americans earn their daily bread.

The last thing an auto buyer should expect after buying a new or used car are problems that result from auto fraud, which occurs when the seller of the vehicle either fails to disclose the complete history of the car you are buying, or alters or destroys evidence pertaining to any part of the vehicle's age, condition or inherent or acquired defects. Auto fraud can come in a variety of forms when purchasing a used car. Odometer rollbacks, salvage or flood vehicles, yo-yo sales, credit consolidation sales, and resale of damaged vehicles without full disclosure are all examples of auto fraud.

SIX QUICK STEPS TO AVOID AUTO FRAUD:
Tip 1: Make friends with a mechanic
A mechanic can be your best friend when it comes time to purchase a car. More than anybody else, a good and experienced mechanic can tell you the specific problems to watch out for when buying a particular brand or model of a car, and can also tell you which cars are relatively hassle-free. Based on what type of car you are looking for, your needs for the car could widely vary. Once you know the type of vehicle you want, twenty minutes talking to a friendly mechanic can help you determine the best manufacturer.

Tip 2: Arrange for financing through your bank or credit union
Whenever possible, you'll want to seek financing approval from your bank or credit union before shopping for your car. Banks almost always offer a substantially lower rate than what a used car dealership will offer. If you have a prior lending history with your bank and are in good standing, you can usually receive up to 90 per cent financing. Car dealerships make huge profits by providing their own financing to auto buyers, so they want you to borrow from them. By securing an auto loan through your bank for an amount you can afford before purchasing a car, you'll find yourself in far more control when negotiating a final price.

Tip 3: Ask for a copy of the warranty, take it home and read it
Many used car dealers are notorious for providing "dealer warranties." While the big print in these documents promises comprehensive coverage and prompt service for the vehicle you buy, it is the small print that dealers refer to when something actually does go wrong with your car. The phrase "wear and tear items not included" is a common one in dealer warranties, and one you will hear over and over again if your car begins to have problems.

Remember that car dealers are always trying to increase the final sales cost of your car through add-ons and features. A dealer warranty is often pitched as a vital add-on by the car salesperson, but unfortunately, when push comes to shove the true value of the warranty is sometimes questionable. Make sure you clarify exactly what is covered with the car salesman. If your concerns are not explicitly answered in the warranty, ask for a signed, authorized amendment from the dealer with the correct wording that you are seeking.

Tip 4: If necessary, amend the warranty to protect yourself from Lemon fraud
After you have satisfied yourself that you are getting adequate repair and maintenance coverage for the price of your warranty, you'll want to make sure the following statements are somewhere on the warranty:

"THIS CAR HAS NOT BEEN RETURNED TO A DEALER OR MANUFACTURER BECAUSE OF LEMON LAW DEFECTS OR COMPLAINTS."

"THIS CAR HAS BEEN INSPECTED FOR COLLISION DAMAGE AND COLLISION REPAIRS AND HAS BEEN FOUND TO BE FREE OF COLLISION DAMAGE OR REPAIRS."

If these statements aren't on the warranty, insist that they be added, acknowledged and signed by an authorized representative of the dealership.

Tip 5: Take it for a long spin
Leave a copy of your driver's license with the dealer and take the car out for a while. Drive the car in multiple road conditions: city streets with heavy traffic, highways with open spaces, straight and curvy roads, and hills. Test the brakes, steering, features, air conditioning and gauges. If you can arrange it, pick up your new friend the mechanic and bring his highly trained ear along for the ride. Let him take a look under the hood. If he likes what he sees, and you have faith in his judgment, then you are probably in good shape.

Tip 6: Don't be in a rush
Above all else, don't let a car salesman rush or cajole you into a one-day, stop and shop sale. Avoid impulse buying. It is to the salesman's benefit, and only his benefit, if the sale happens quickly. It is to your benefit to do as much research as possible to insure you purchase a safe and reliable vehicle. You should be prepared to spend at least two weeks doing adequate research before making a used car purchase.

Lemon Law
State lemon laws have been created to protect consumers when they have purchased a defective vehicle. Typically, a lemon law requires a manufacturer to provide a refund or replacement for a defective new vehicle that is not repaired within a reasonable number of attempts. Most such laws provide for refund or replacement when a substantial defect cannot be fixed in 4 tries, a safety defect within 2 tries or the auto is out of service for 30 days, within the first 12-18,000 miles/12-24 months.

Beyond state lemon laws, a consumer has the right to a refund or replacement of a lemon vehicle under the Uniform Commercial Code (UCC). The main difference is the UCC law does not define a lemon so it's up to a court to decide if an auto company must give you a refund or or a new car. The federal Magnuson-Moss Warranty Act provides for the award of attorney fees from the manufacturer if you have to sue to return a lemon under the UCC. Many state lemon laws also provide for attorney fees.

Practical Tips for Using Lemon Laws
Success in using state lemon laws depends upon keeping good records and providing the right notice to your vehicle’s manufacturer:

Repair Record: Keep close track of the number of repair attempts and the time the car is out of service. Submit a written, dated list of problems to the dealer each time the car is in for repairs (keep a copy). List the symptoms your car has; for example, "stalling" instead of "check carburetor." This establishes a record of what problem was addressed even though the dealer may work on different parts in attempting to fix the problem. Insist on getting a copy of the repair order that lists the symptoms described, repairs done, any parts replaced, and the time the car was in the repair shop.

Notice Required: You must follow your state's notice requirement before you are entitled to a refund or replacement. Where written notice to the manufacturer is required, send a certified, return receipt letter stating your vehicle's need for repair to the manufacturer's consumer relations office and to the nearest zone/regional office listed in your owner's manual or warranty booklet. Make sure you send this notice by the time you take the car in for the repair attempt that qualifies it as a lemon. Give the dealer a copy of this letter when you deliver the car for repair; keep a copy.

Your Refund Or Replacement: After you believe your vehicle qualifies as a lemon and you have followed the above steps, ask the manufacturer for a refund or replacement. You may have to pay a small offset for use of the car but no more than for the mileage up until the first repair attempt which qualified you for the lemon law. If the manufacturer has a valid arbitration program that is incorporated into your written warranty, you may be required to go through arbitration to get your refund or replacement.