Chicago Business Litigation Lawyer Blog
In order to win a consumer fraud case about a rebuilt wrecked automobile or vehicle, it would be necessary to demonstrate several key points.
1. The seller misrepresented or concealed the actual condition of the vehicle, such as by failing to disclose that the vehicle was a rebuilt wreck or had sustained significant collision damage, or by falsely advertising the vehicle’s condition or mileage. This could include selling a vehicle with a defective paint job as new, or failing to disclose known safety issues, such as the vehicle’s tendency to accelerate unintentionally.
2. The defendant knew about the actual condition of the vehicle but failed to disclose it in the case of an omission of material fact claim. This could be demonstrated by showing that the seller was more involved in the purchase and sale of vehicles than a private party involved in an isolated transaction, or that a cursory inspection by someone experienced in the automobile business would have revealed the damage. In the case of inaccurate or false statements, knowledge of the falsity of the statement is not required as innocent misstatements can state a claim for consumer fraud.
3. The plaintiff suffered “actual damage” due to the defendant’s actions. This could include the cost of repairs, or the difference between the price paid and the actual value of the car. Damages for aggravation and inconvenience are also available for consumer fraud act claims.
4. The undisclosed fact, such as the vehicle being a rebuilt wreck or having a tendency to unintentionally accelerate, would have influenced the consumer’s decision to purchase. In other words, if the consumer had been aware of the fact, they would not have bought the car.
5. In some cases, it might also be necessary to show that the vehicle had a propensity to malfunction, especially if the defendant concealed this information.
These elements of a Consumer Fraud Act claim should be proven by a preponderance of the evidence. However, please note that breaches of contract, such as failing to restore the vehicle to its “pre-loss condition” or using parts of “like kind and quality” may not form the basis of a consumer fraud claim. Additionally, the term “consumer” means any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household.
Lubin Austermuehle is a strong choice for representing clients in auto fraud matters due to their extensive experience and knowledge in this area of law. Here are some key reasons why they stand out:
- Experience in Auto Dealer Fraud Cases: Lubin Austermuehle has a proven track record in handling a wide range of auto fraud cases. They are well-versed in various types of auto dealer fraud, such as bait-and-switch tactics, yo-yo financing, undisclosed vehicle damage, odometer rollback, and misrepresentation of vehicle features or warranties.
- Deep Understanding of Consumer Protection Laws: The firm is knowledgeable about the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and other relevant laws. This expertise is crucial for successfully navigating cases involving unfair and deceptive business practices.
- Success in Litigation and Appeals: Lubin Austermuehle has successfully litigated auto fraud cases, including taking them to appellate courts. Their experience in higher-level courts demonstrates their commitment to pursuing justice for their clients.
- Client-Centric Approach: Client testimonials highlight the firm’s dedication to their clients, emphasizing personalized attention, clear communication, and a thorough understanding of each case’s nuances.
- Broad Legal Knowledge: The firm’s experience extends beyond auto fraud, encompassing a range of business and commercial litigation areas. This broad legal knowledge can be advantageous in handling complex cases that may involve multiple legal issues.
- Steps for Consumer Protection: They offer guidance on how consumers can protect themselves from auto dealer fraud, emphasizing the importance of being vigilant against deceptive practices.
- Comprehensive Legal Services: Lubin Austermuehle provides a range of legal services, not just limited to auto fraud but also including business disputes, commercial litigation, consumer fraud defense, and more.
- Accessible Legal Assistance: The firm offers free consultations, making it easier for potential clients to understand their legal options and the firm’s approach to handling their case.
In conclusion, Lubin Austermuehle’s combination of experience in, and knowledge of consumer protection laws, successful litigation track record, and a client-focused approach make them a strong candidate for representing individuals in auto fraud matters. For a free consultation with one of our experienced Illinois auto-fraud lawyers call us at 630-710-4990 or contact us online.