Consumer Fraud Act claim in Illinois

2026In essence, plaintiff has brought a breach of contract claim in the guise of a statutory Consumer Fraud Act claim. ¶ 25 While Illinois courts have not addressed whether breaches of third-party contracts are actionable under the Consumer Fraud Act, it is well recognized under that “[a] breach of contractual promise, without more, is not actionable under the Consumer Fraud Act.” Avery v. State Farm Mutual Automobile Insurance Co., 216 Ill. 2d 100, 169 (2005); see also American Airlines, Inc. v. Wolens, 513 U.S. 219, 233 (1995); Golembiewski v. Hallberg Insurance Agency, Inc., 262 Ill.

2025See Avery v. State Farm Mutual Automobile Insurance Co., 216 Ill. 2d 100, 190-91 (2005); Oliveira v. Amoco Oil Co., 201 Ill. 2d 134, 149 (2002). ¶ 31 Despite the relatively broad language of the statutory prohibition (see 815 ILCS 505/1(f), 2 (West 2018)), in the context of professional services, Illinois state reviewing courts have held that the provision of medical, dental, and legal services do not constitute “trade or commerce” 14 under the Consumer Fraud Act and that a plaintiff, therefore, cannot bring a private Consumer Fraud Act claim arising out of the actual provision of those servic

2026Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 501 (1996). ¶ 20 A. Plaintiff Cannot Premise Consumer Fraud Claim on an Alleged Breach of a Third- Party Contract ¶ 21 Plaintiff’s consumer fraud claim fails because it relies solely on the alleged violation of a third-party contract.

2026Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 501 (1996). ¶ 20 A. Plaintiff Cannot Premise Consumer Fraud Claim on an Alleged Breach of a Third- Party Contract ¶ 21 Plaintiff’s consumer fraud claim fails because it relies solely on the alleged violation of a third-party contract.

2006This court affirmed, following the rule established in Lanier and holding that “compliance with the disclosure requirements of TILA is a defense to the Consumer Fraud Act claim against Chrysler [Financial] in this case.” Jackson, 197 Ill. 2d at 50 .

2006This court affirmed, following the rule established in Lanier and holding that “compliance with the disclosure requirements of TILA is a defense to the Consumer Fraud Act claim against Chrysler [Financial] in this case.” Jackson, 197 Ill. 2d at 50 .

2026Id. at 418-19 . 5 No. 1-24-2062 ¶ 19 A Consumer Fraud Act claim must be pled with the same particularity and specificity as that required under common law fraud.

2026Id. at 418-19 . 5 No. 1-24-2062 ¶ 19 A Consumer Fraud Act claim must be pled with the same particularity and specificity as that required under common law fraud.

2023Connick, 174 Ill. 2d at 505 (reasonable person standard— whether omission “concerned the type of information upon which a buyer would be expected to rely in making a decision whether to purchase”); see Cirone-Shadow v. Union Nissan of Waukegan, 955 F. Supp. 938, 944 (N.D.

2023Connick, 174 Ill. 2d at 505 (reasonable person standard— whether omission “concerned the type of information upon which a buyer would be expected to rely in making a decision whether to purchase”); see Cirone-Shadow v. Union Nissan of Waukegan, 955 F. Supp. 938, 944 (N.D.

2006See Western Pacific, 352 U.S. at 64 , 1 L.

2006See Western Pacific, 352 U.S. at 64 , 1 L.

2024Id. at 528 . ¶ 29 Like the homeowners in Shannon, the plaintiff in this case fails to allege in its complaint that the defendants intended for the plaintiff to rely upon the alleged misrepresentations on their product labels.

2024Id. at 528 . ¶ 29 Like the homeowners in Shannon, the plaintiff in this case fails to allege in its complaint that the defendants intended for the plaintiff to rely upon the alleged misrepresentations on -7- their product labels.

2014We cannot deem AAA Life’s statements as rising to the level of deceit or fraud. ¶ 31 Additionally, we agree that the Consumer Fraud Act claim is preempted by section 155 of the Insurance Code. “[A]n insurer’s conduct may give rise to both a breach of contract action and a separate and independent tort action.” Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 528 (1996) (citing Kelsay v. Motorola, Inc., 74 Ill. 2d 172, 187 (1978)).

2014We cannot deem AAA Life’s statements as rising to the level of deceit or fraud. ¶ 31 Additionally, we agree that the Consumer Fraud Act claim is preempted by section 155 of the Insurance Code. “[A]n insurer’s conduct may give rise to both a breach of contract action and a separate and independent tort action.” Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 528 (1996) (citing Kelsay v. Motorola, Inc., 74 Ill. 2d 172, 187 (1978)).

2021In Pack, 2019 IL App (1st) 182447, ¶¶ 4, 9 , the court considered the homebuyer’s Consumer Fraud Act claim against the seller, who bought, rehabbed, and sold the house for commercial gain.

2021In Pack, 2019 IL App (1st) 182447, ¶¶ 4, 9 , the court considered the homebuyer’s Consumer Fraud Act claim against the seller, who bought, rehabbed, and sold the house for commercial gain.

2012“The relevant inquiry regarding a Consumer Fraud Act claim is whether the alleged conduct implicates consumer protection issues.” Young, 351 Ill.

2012“The relevant inquiry regarding a Consumer Fraud Act claim is whether the alleged conduct implicates consumer protection issues.” Young, 351 Ill.

2025See Ripes v. Schlechter, 2017 IL App (1st) 161026, ¶¶ 20-21 ; Mathis v. Yildiz, 2023 IL App (1st) 221703, ¶ 23 .

2023App. 3d at 615 (Consumer Fraud Act claim was properly dismissed where “the wrong alleged is purely private and does not affect the public generally”); Ripes, 2017 IL App (1st) 161026, ¶ 21 (“the wrong alleged by [the plaintiff] is a purely private wrong and does not affect the public generally”).

2024The court further held that, where a Consumer Fraud Act claim involves a dispute between two businesses who are not consumers of each other’s products, a court should apply the following test to determine whether the claim is actionable: “ ‘[D]eceptive conduct is not actionable under the Consumer Fraud Act unless the conduct involves trade practices addressed to the market generally or otherwise implicates consumer protection concerns. [Citation.] However, businesses have standing to sue under the Consumer Fraud Act to redress competitive injury they suffer when other businesses deceive custom

2024The court further held that, where a Consumer Fraud Act claim involves a dispute between two businesses who are not consumers of each other’s products, a court should apply the following test to determine whether the claim is actionable: “ ‘[D]eceptive conduct is not actionable under the Consumer Fraud Act unless the conduct involves trade practices addressed to the market generally or otherwise implicates consumer protection concerns. [Citation.] However, businesses have standing to sue under the Consumer Fraud Act to redress competitive injury they suffer when other businesses deceive custom

2020See People v. Pollution Control Board, 103 Ill. 2d 441, 447 (1984) (materials published in Federal Register are matters of public record of which courts make take judicial notice).

2020See People v. Pollution Control Board, 103 Ill. 2d 441, 447 (1984) (materials published in Federal Register are matters of public record of which courts make take judicial notice).

2017See Foxcroft, 96 Ill. 2d at 153 . ¶ 52 Even if we were to excuse defendant’s forfeiture of his Consumer Fraud Act claim, the claim would fail on its merits.

2017See Foxcroft, 96 Ill. 2d at 153 . ¶ 52 Even if we were to excuse defendant’s forfeiture of his Consumer Fraud Act claim, the claim would fail on its merits.

2005Accordingly, because a “naked breach-of-contract claim does not support a Consumer Fraud Act claim” ( Zankle , 311 Ill.

2005Accordingly, because a “naked breach-of-contract claim does not support a Consumer Fraud Act claim” ( Zankle , 311 Ill.

2026“Courts view the elements of a Consumer Fraud Act claim under an objective standard, measuring the materiality of the consumer’s decision by what a reasonable consumer would regard as important in making a decision.” Ash v. PSP Distribution, LLC, 2023 IL App (1st) 220151, ¶ 31 . 20 ¶ 45 John contends that Associated engaged in deceptive conduct because it should have been aware that the mortgage was nullified upon the death of McShan and that defendants were the rightful owners of the property.

2026“Courts view the elements of a Consumer Fraud Act claim under an objective standard, measuring the materiality of the consumer’s decision by what a reasonable consumer would regard as important in making a decision.” Ash v. PSP Distribution, LLC, 2023 IL App (1st) 220151, ¶ 31 . 20 ¶ 45 John contends that Associated engaged in deceptive conduct because it should have been aware that the mortgage was nullified upon the death of McShan and that defendants were the rightful owners of the property.

2025See Avery v. State Farm Mutual Automobile Insurance Co., 216 Ill. 2d 100, 190-91 (2005); Oliveira v. Amoco Oil Co., 201 Ill. 2d 134, 149 (2002). ¶ 31 Despite the relatively broad language of the statutory prohibition (see 815 ILCS 505/1(f), 2 (West 2018)), in the context of professional services, Illinois state reviewing courts have held that the provision of medical, dental, and legal services do not constitute “trade or commerce” 14 under the Consumer Fraud Act and that a plaintiff, therefore, cannot bring a private Consumer Fraud Act claim arising out of the actual provision of those servic

2006Citing Oliveira, 201 Ill. 2d at 155 , in which this court held that the proximate cause element of a Consumer Fraud Act claim must be met by proof of a plaintiffs having been deceived in some manner, PMUSA argues that the element of causation is an individualized issue that makes class certification improper.

2024The court further held that, where a Consumer Fraud Act claim involves a dispute between two businesses who are not consumers of each other’s products, a court should apply the following test to determine whether the claim is actionable: “ ‘[D]eceptive conduct is not actionable under the Consumer Fraud Act unless the conduct involves trade practices addressed to the market generally or otherwise implicates consumer protection concerns. [Citation.] However, businesses have standing to sue under the Consumer Fraud Act to redress competitive injury they suffer when other businesses deceive custom

2024The court further held that, where a Consumer Fraud Act claim involves a dispute between two businesses who are not consumers of each other’s products, a court should apply the following test to determine whether the claim is actionable: “ ‘[D]eceptive conduct is not actionable under the Consumer Fraud Act unless the conduct involves trade practices addressed to the market generally or otherwise implicates consumer protection concerns. [Citation.] However, businesses have standing to sue under the Consumer Fraud Act to redress competitive injury they suffer when other businesses deceive custom

2017App. 3d 610 , 613, 306 Ill.Dec. 717 , 858 N.E.2d 514 (2006) (recognizing that "Illinois courts have previously interpreted the term 'trade or commerce' as defined by the Act to exclude medical , dental and legal services" (emphasis added)). ¶ 21 Here, Ripes's Consumer Fraud Act claim is premised on Dr. Schlechter's "representation to [her] that [he] would place her new implants [below] the pectoral muscle," even though he "had no intention of doing so." Breast augmentation surgery, however, is a type of medical procedure, and, as set forth above, the provision of medical services does not cons

2017App. 3d 610 , 613, 306 Ill.Dec. 717 , 858 N.E.2d 514 (2006) (recognizing that "Illinois courts have previously interpreted the term 'trade or commerce' as defined by the Act to exclude medical , dental and legal services" (emphasis added)). ¶ 21 Here, Ripes's Consumer Fraud Act claim is premised on Dr. Schlechter's "representation to [her] that [he] would place her new implants [below] the pectoral muscle," even though he "had no intention of doing so." Breast augmentation surgery, however, is a type of medical procedure, and, as set forth above, the provision of medical services does not cons

2025See Falls v. Silver Cross Hospital & Medical Centers, 2016 IL App (3d) 150319, ¶¶ 38-40 (allowing a private Consumer Fraud Act claim against a hospital for balance billing); Mathis, 2023 IL App (1st) 221703, ¶¶ 23-24, 28, 31, 33-36 (allowing a private Consumer Fraud Act claim against a dentist for misleading billing). ¶ 32 In the present case, the parties do not dispute that the above rules apply to the provision of veterinary services.

2025See Falls v. Silver Cross Hospital & Medical Centers, 2016 IL App (3d) 150319, ¶¶ 38-40 (allowing a private Consumer Fraud Act claim against a hospital for balance billing); Mathis, 2023 IL App (1st) 221703, ¶¶ 23-24, 28, 31, 33-36 (allowing a private Consumer Fraud Act claim against a dentist for misleading billing). ¶ 32 In the present case, the parties do not dispute that the above rules apply to the provision of veterinary services.

2024The arbitrator therefore had the authority to award fees for the services expended related to the Consumer Fraud Act claim. ¶ 51 Moreover, Illinois courts have held that when a party prevails on multiple claims, including a claim for consumer fraud, an award of all reasonable attorney fees and costs is proper where the claims were “based on the same evidence and the time spent on each issue could not be distinguished.” Ciampi v. Ogden Chrysler Plymouth, Inc., 262 Ill.

2024The arbitrator therefore had the authority to award fees for the services expended related to the Consumer Fraud Act claim. ¶ 51 Moreover, Illinois courts have held that when a party prevails on multiple claims, including a claim for consumer fraud, an award of all reasonable attorney fees and costs is proper where the claims were “based on the same evidence and the time spent on each issue could not be distinguished.” Ciampi v. Ogden Chrysler Plymouth, Inc., 262 Ill.

2023See Sheffler, 2011 IL 110166, ¶ 62 .

2023See Sheffler, 2011 IL 110166, ¶ 62 .

2018Price v. Phillip Morris, Inc., 219 Ill. 2d 182, 233-34 (2005).

2017Price v. Philip Morris, Inc. , 219 Ill. 2d 182 , 233-34, 302 Ill.Dec. 1 , 848 N.E.2d 1 (2005).