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Consumer Fraud

Consumer Fraud is defined as an act or omission in the conduct of trade or commerce designed to mislead a consumer.

Chapter 815 of the Illinois Compiled Statutes (ILCS) entitled Consumer Fraud and Deceptive Business Practices Act provides this general definition at §505.2:

"Unfair methods of competition and unfair or deceptive acts or practices, including but not limited to the use or employment of any deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission of such material fact...."

A more detailed definition is:

“The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice; provided, however, that nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein such advertisement appears, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher, or operator has no knowledge of the intent, design or purpose of the advertiser."

For more information on Consumer Fraud cases, contact our offices to speak to a Foote-Meyers attorney who specializes in this area.