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Articles Posted in Consumer Fraud/Consumer Protection

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Deciphering Illinois Used Car Fraud: Recent Court Decisions

Buying a used car can be an exciting experience, but it comes with risks, particularly when it involves fraud. Fortunately, Illinois has robust consumer protection laws, and recent court decisions shed light on how these laws are applied in cases of used car fraud. In this blog post, we’ll explore…

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Bringing Used Car Fraud Lawsuits in Illinois

Bringing a used car fraud case under the Illinois Consumer Fraud Act (ICFA) can be a complex process, but it’s essential to protect your rights as a consumer. If you believe you’ve been a victim of used car fraud in Illinois, here are the steps you should consider taking: 1.…

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Car Fraud Plaintiffs Entitled to Net Worth Discovery in Consumer Fraud Cases Seeking Punitive Damages

Plaintiff seeks damages from Defendants under the Illinois Consumer Fraud and Deceptive Business Practices Act, including punitive damages, which are expressly recoverable under the Act. 815 ILCS 505/10a. Illinois courts mandate allowing for punitive damages net-worth-related discovery, when, such damages are available as a matter of law. In Pickering v.…

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Federal Appeals Court Narrows Meaning of “Automatic Telephone Dialing System” Under Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) imposes liability for calling or texting cellular phone numbers using an Automatic Telephone Dialing System (ATDS) without sufficient prior express consent. The TCPA defines an ATDS as “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a…

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Right-to-Repair Violations Lead to FTC Action against Harley-Davison and Westinghouse Generator Maker

The Federal Trade Commission is taking action against motorcycle manufacturer Harley-Davidson and Westinghouse outdoor generator maker MWE Investments for illegally restricting customers’ right to repair their purchased products. The FTC has charged that the companies’ warranties included terms that conveyed that the warranties would be void if customers used independent…

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Court Rules Disgruntled Customer Must Arbitrate Claims against Used Car Dealer

Arbitration has been a hot topic in legal circles and court opinions over the last decade. The U.S. Supreme Court and Federal Appeals courts have issued a number of high-profile decisions addressing issues of the enforceability of arbitration agreements, who gets to decide the threshold issue of arbitrability, and whether…

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Unanimous Supreme Court Curbs Consumer Relief by Blocking FTC from Obtaining Monetary Remedies in Most Consumer Protection Cases

In a unanimous ruling, the Supreme Court recently came down hard on the Federal Trade Commission by eliminating its ability to seek monetary relief in court under Section 13(b) of the Federal Trade Commission Act (FTC Act). The ruling comes as quite a blow to the FTC which has been…

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Illinois Judge Dismisses Class Action Lawsuit against Insurance Company over Denial of COVID-related Lost Income Claims

Insurance company State Farm is breathing a little easier after a Cook County judge recently dismissed a putative class action lawsuit filed against the insurer by the owner of an Evanston restaurant over the insurer’s denial of loss of income claims. In the complaint, the restaurant alleged that it and…

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New York Enacts Consumer Protection Statute Targeting Auto-Renewal Subscriptions

Many states have passed laws in the past few years taking aim at automatic renewals in contracts such as subscription-based services. As people have found themselves home more and more during the COVID pandemic, the number of subscription services with automatic renewals have exploded. New York recently passed a law…

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Arizona State Attorney General’s Office Recovers Millions for Consumers

Depending on the state in which they live, consumers sometimes have a hard time recovering the money they may have been deceived into giving to scammers who take their money and disappear, or to buy products that turn out to be harmful. Sometimes they can’t sue because they signed away…

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