Chicago Business Litigation Lawyer Blog
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 as aggravation and inconvenience. These types of damages are recoverable under the ICFA only if they are part of a total award that includes actual economic damages.
The Act primarily provides remedies for economic injuries. Actual damages under the ICFA encompass the diminished value of goods or services such as the car was worth far less than the purchase price because it was a rebuilt wreck. Such damages as in any tort or breach of contract case cannot be based on mere speculation or conjecture but if the defendant’s wrongdoing makes it difficult to calculate more leeway is permitted and damages can always be based on a reasonable valuation or estimate which is data or information driven. The plaintiff must demonstrate that the fraud proximately caused these damages. Hence, if inconvenience, aggravation, and inconvenience damages are the only damages alleged, they are generally not recognized.
In the context of fraud claims, damages for emotional distress, including “aggravation and inconvenience”, are recognized only when the inflicted distress would mean that it would cause a reasonable person under the circumstances such damages.
Lastly, punitive damages, which are awarded in cases of wilful and egregious behavior by the defendant, are also available for a violation of the ICFA.
Auto dealer fraud and consumer fraud cases are not to be taken lightly. They require the skills and experience of an Illinois Consumer Rights Lawyer who understands both the intricacies of the vehicles or other business relationships and products and the complexities of the law. We have handled auto fraud and consumer fraud cases for decades and have access to the best independent experts in the area. At our Auto Dealer Fraud Firm, we have the experience, knowledge, and dedication to help you seek justice and hold deceptive dealers accountable. Don’t navigate the legal maze alone—contact us today at 630-333-0333 or online to schedule a confidential free consultation and protect your consumer rights.