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Articles Posted in Consumer Fraud/Consumer Protection

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Can the Illinois Attorney General Sue my Company for Consumer Fraud?

Yes, the Illinois Attorney General can sue your company for consumer fraud (In re Tapper, 123 B.R. 594 (1991)), (People of State of Ill. ex rel. Hartigan v. Commonwealth Mortg. Corp. of America, 732 F.Supp. 885 (1990), (People of State of Ill. v. Life of Mid-America Ins. Co., 805 F.2d 763 (1986).…

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Why Should Your Company Hire Lubin Austermuehle to Defend it in an Illinois Attorney General Consumer Fraud Investigation?

Hiring Lubin Austermuehle to defend your company in an Illinois Attorney General consumer fraud investigation could be strategically beneficial for several reasons: Focus on Consumer Law: Lubin Austermuehle likely has a comprehensive understanding of consumer law, particularly as it pertains to the regulations and practices within Illinois. This focus on…

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Can a Business Sue as a Consumer Under the Illinois Consumer Fraud Act

Yes, a business can be considered a consumer under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and can therefore file a suit under this Act. The ICFA allows private plaintiffs, including corporations, to file a suit if they can demonstrate damage due to a violation of the…

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Punitive Damages can be Awarded in Auto Fraud Cases

Several cases in Illinois have awarded punitive damages for auto fraud by used car dealers. One such case is “Gent v. Collinsville Volkswagen, Inc.” where the court upheld punitive damages against the dealership for fraud or gross negligence, though the award was reduced from $12,000 to $3,000 as it was…

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Fake Internet Reviews Can be Deceptive Practices Under UDAP Laws

Fake internet reviews can potentially state claims for deception under Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) laws. UDAAP laws are designed to protect consumers from deceptive practices by businesses, including misleading statements about products and services. This protection ensures consumer confidence, particularly in financial transactions, and it addresses…

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The Different Requirements for Pleading Consumer Fraud as Opposed to Common Law Fraud

In Illinois, the pleading requirements for consumer fraud and common law fraud differ in several key aspects: Common Law Fraud: To establish a case for common law fraud, you must demonstrate five elements: A false statement of material fact made by the defendant to the plaintiff. The defendant knew the…

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Emotional Distress Aggravation and Inconvenience Damages are Available in Consumer Fraud Cases in Ilinois Including Auto Fraud Cases

In Illinois, damages for inconvenience and aggravation can be claimed in cases of fraud and consumer fraud, but there are important conditions to consider. Under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), plaintiffs can assert damages stemming from the defendant’s conduct, which can include emotional damages such…

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Finding Justice with Lubin Austermuehle Law Firm: Your Trusted Partner in Car Dealer Consumer Fraud Cases Involving Flood Vehicles and Rebuilt Wrecks in Illinois

In the realm of consumer rights protection and legal representation, Lubin Austermuehle Law Firm stands out as a trusted and distinguished advocate for individuals who have fallen victim to car dealer consumer fraud in Illinois. When it comes to cases involving flood vehicles and rebuilt wrecks, their expertise and commitment…

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Navigating the Legal Landscape: Recent Consumer Fraud Act Opinions in Illinois Courts

Consumer protection is a cornerstone of the legal system, and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) plays a pivotal role in safeguarding consumers from deceptive practices. Recent opinions from the Illinois Supreme Court and various state and federal courts in Illinois have provided crucial guidance on…

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Unpacking the Unfairness Doctrine: Illinois Consumer Fraud and Deceptive Business Practices Act

Introduction Consumer protection laws play a vital role in safeguarding consumers from deceptive and unfair business practices. In the state of Illinois, the Consumer Fraud and Deceptive Business Practices Act (ICFA) serves as a robust framework for addressing such issues. One essential aspect of the ICFA is the “unfairness doctrine,”…

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