consumer fraud claim (Illinois) · Go Syfert
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consumer fraud claim in Illinois

72 Illinois opinions name it 2 courts 1987–2025 10 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (19)

CaseFollowedCited
Connick v. Suzuki Motor Co., Ltd.green
ill · 1996 · cited in 25 Illinois opinions naming this issue, 1997–2021
2 sentences

2009See also Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 501 (1996) (a complaint alleging a consumer fraud violation must be pled with the same particularity as that required for common law fraud).

2009See also Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 501 (1996) (a complaint alleging a consumer fraud violation must be pled with the same particularity as that required for common law fraud).

1025
Avery v. State Farm Mutual Automobile Insurancegreen
ill · 2005 · cited in 11 Illinois opinions naming this issue, 2006–2023
2 sentences

2023Id. at 179 ; Pack v. Maslikiewicz, 2019 IL App (1st) 182447, ¶ 114 . ¶ 18 When a plaintiff’s breach of contract and consumer fraud counts rely on the same facts, the consumer fraud claim is “merely a breach of contract count clothed as a [consumer fraud count].” Sklodowski v. Countrywide Home Loans, Inc., 358 Ill.

2006See Avery, 216 Ill. 2d at 196-97 (no showing of actual damage in a consumer fraud claim where plaintiffs testimony established he sold the car for its fair market value despite the presence of “non-OEM” parts); Valenti v. Mitsubishi Motor Sales of America, Inc., 332 Ill.

811
Price v. Philip Morris, Inc.green
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014In a special concurrence, Justice Karmeier, joined by Justice Fitzgerald, concluded that the plaintiffs' consumer fraud claim failed because the "plaintiffs failed to establish that they sustained actual damages." Price I, 219 Ill. 2d at 275 , 848 N.E.2d at 55 (Karmeier, J., specially concurring, joined by Fitzgerald, J.).

2014In a special concurrence, Justice Karmeier, joined by Justice Fitzgerald, concluded that the plaintiffs' consumer fraud claim failed because the "plaintiffs failed to establish that they sustained actual damages." Price I, 219 Ill. 2d at 275 , 848 N.E.2d at 55 (Karmeier, J., specially concurring, joined by Fitzgerald, J.).

22
Golf v. Hendersongreen
illappct · 2007 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010App. 3d 271 , 876 N.E.2d 105 (2007), is misplaced where the cited language did not relate to a claim brought under section 2- 2201 of the Code but rather to a consumer fraud claim brought pursuant to section 2 of the Illinois Consumer Fraud and Deceptive 9 No. 1-09-0162 Business Practices Act (815 ILCS 505/2 (West 2004)).

2010App. 3d 271 , 876 N.E.2d 105 (2007), is misplaced where the cited language did not relate to a claim brought under section 2 — 2201 of the Code but rather to a consumer fraud claim brought pursuant to section 2 of the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2 (West 2004)).

22
Martin v. Heinold Commodities, Inc.green
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006Martin v. Heinold Commodities, Inc., 163 Ill. 2d 33, 76 (1994).

2006Martin v. Heinold Commodities, Inc., 163 Ill. 2d 33, 76 (1994).

22
Washington Courte Condominium Association-Four v. WASHINGTON-GOLF CORPORATIONgreen
illappct · 1994 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006E.g., Washington Courte Condominium Association- Four v. Washington-Golf Corp., 267 Ill.

2006E.g., Washington Courte Condominium Ass’n-Four v. Washington-Golf Corp., 267 Ill.

22
Miller v. William Chevrolet/GEO, Inc.green
illappct · 2001 · cited in 5 Illinois opinions naming this issue, 2002–2006
2 sentences

2006See Miller, 326 Ill.

2003Miller, 326 Ill.

15
Sklodowski v. Countrywide Home Loans, Inc.green
illappct · 2005 · cited in 3 Illinois opinions naming this issue, 2005–2023
2 sentences

2023Id. at 179 ; Pack v. Maslikiewicz, 2019 IL App (1st) 182447, ¶ 114 . ¶ 18 When a plaintiff’s breach of contract and consumer fraud counts rely on the same facts, the consumer fraud claim is “merely a breach of contract count clothed as a [consumer fraud count].” Sklodowski v. Countrywide Home Loans, Inc., 358 Ill.

2005A plaintiff must plead a consumer fraud claim with “ ‘ “the same specificity that has always been a prerequisite to an action for common law fraud.” ’ [Citations].” Sklodowski, 358 Ill.

13
Gainer Bank, N.A. v. Jenkinsgreen
illappct · 1996 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See Gainer Bank, N.A. v. Jenkins, 284 Ill.

11
Burress-Taylor v. American Security Insurance Companygreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2025–2025
2 sentences

2025“A consumer fraud claim may not be based on a breach of a promise contained in the insurance policy.” Burress-Taylor v. -34- 1-24-0276 American Security Insurance Co., 2012 IL App (1st) 110554, ¶ 29 (finding that plaintiffs properly raised an independent fraud claim). ¶ 159 We concur with the trial court that preemption applied here, insofar as the Consumer Fraud Act claim against Travelers essentially duplicated the breach of contract and section 155 counts.

2025Burress-Taylor, 2012 IL App (1st) 110554, ¶ 29 . ¶ 163 For these reasons, we affirm the dismissal of count VII insofar as it was directed against Travelers. ¶ 164 This concludes our discussion of the plaintiffs’ claims against Travelers.

11
The Village of Bartonville v. Lopezgreen
ill · 2017 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024See Village of Bartonville v. Lopez, 2017 IL 120643, ¶ 34 . ¶ 63 C.

2024See Village of Bartonville v. Lopez, 2017 IL 120643, ¶ 34 . ¶ 63 C.

11
Zankle v. Queen Anne Landscapinggreen
illappct · 2000 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023App. 3d 696, 704 (2005); Zankle v. Queen Anne Landscaping, 311 Ill.

11
Breckenridge v. Cambridge Homes, Inc.green
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Avery, 216 Ill. 2d at 173 ; see also, e.g., Breckenridge v. Cambridge Homes, Inc., 246 Ill.

11
Rumford v. Countrywide Funding Corp.green
illappct · 1997 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023App. 3d 1082, 1093 (1994) (“In the absence of any evidence about the defendant’s practice, other than this isolated breach of contract claim, the directed verdict in favor of the plaintiff on the consumer fraud claim must be reversed.”), appeal denied, 157 Ill. 2d 499 (1994); cf. Rumford v. Countrywide Funding Corp., 287 Ill.

11
Martinez v. River Park Place, LLCgreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023App. 3d 330, 336 (1997) (holding that summary judgment in favor of the defendant was inappropriate where the plaintiff’s consumer fraud claim was “not based on a simple breach of contract but on an allegation that [the] defendant was engaged in a pattern of misrepresenting to customers that additional charges would not be assessed at the time their mortgages were released”), appeal denied, 174 Ill. 2d 594 (1997); see also Martinez v. River Park Place, LLC, 2012 IL App (1st) 111478, ¶ 38 .

2023App. 3d 330, 336 (1997) (holding that summary judgment in favor of the defendant was inappropriate where the plaintiff’s consumer fraud claim was “not based on a simple breach of contract but on an allegation that [the] defendant was engaged in a pattern of misrepresenting to customers that additional charges would not be assessed at the time their mortgages were released”), appeal denied, 174 Ill. 2d 594 (1997); see also Martinez v. River Park Place, LLC, 2012 IL App (1st) 111478, ¶ 38 .

11
Robinson v. Toyota Motor Credit Corp.green
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
Huss v. Sessler Ford, Inc.green
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
Knox College v. Celotex Corp.green
ill · 1981 · cited in 1 Illinois opinions naming this issue, 2016–2016
11
Golembiewski v. Hallberg Insurance Agency, Inc.green
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 1997–1997
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (25)

CaseCitedYears
Perona v. Volkswagen of America, Inc. green
illappct · 1997
2 sentences

2006Perona, 292 Ill.App.3d at 68 , 225 Ill.Dec. 868 , 684 N.E.2d 859 .

2006Perona, 292 Ill.App.3d at 68 , 225 Ill.Dec. 868 , 684 N.E.2d 859 .

42006–2006
Krautsack v. Anderson green
illappct · 2002
2 sentences

2006Krautsack I, 329 Ill.

2006Krautsack I, 329 Ill.App.3d at 679 , 263 Ill.Dec. 373 , 768 N.E.2d 133 .

22006–2006
Tri-G, Inc. v. Burke, Bosselman and Weaver green
illappct · 2004
2 sentences

2006In addition, it reversed the trial court’s denial of Tri-G’s request for attorney fees and costs pursuant to the Consumer Fraud Act and remanded the cause to the trial court to allow Tri-G to request attorney fees and costs incurred in bringing the consumer fraud claim. 353 Ill.

2006In addition, it reversed the trial court's denial of Tri-G's request for attorney fees and costs pursuant to the Consumer Fraud Act and remanded the cause to the trial court to allow Tri-G to request attorney fees and costs incurred in bringing the consumer fraud claim. 353 Ill.App.3d at 224-26 , 288 Ill.Dec. 580 , 817 N.E.2d 1230 .

22006–2006
Kelly v. Sears Roebuck and Co. green
illappct · 1999
2 sentences

2006App. 3d 969, 973 , 773 N.E.2d 1199 (2002) (plaintiff failed to meet burden of showing present injury for breach of warranty claim where evidence showed she sold the car for fair market value); Kelly v. Sears Roebuck & Co., 308 Ill.

2006App. 3d 969 , 773 N.E.2d 1199 (2002) (plaintiff failed to meet burden of showing present injury for breach of warranty claim where evidence showed he sold the car for fair market value); Kelly v. Sears Roebuck & Co., 308 Ill.

22006–2006
McGuire v. Ameritech Cellular Corp. green
illappct · 2000
2 sentences

2006McGuire, 314 Ill.

2006McGuire, 314 Ill.

22006–2006
Shannon v. Boise Cascade Corp. green
ill · 2004
2 sentences

2006As Cosmo correctly asserts, in Shannon v. Boise Cascade Corp., 208 Ill. 2d 517, 525 , 805 N.E.2d 213 (2004), our supreme court held that, since the deceptive advertising at issue did not deceive the plaintiff, no claim under the Consumer Fraud Act could be maintained.

2006As Cosmo correctly asserts, in Shannon v. Boise Cascade Corp., 208 Ill. 2d 517, 525 , 805 N.E.2d 213 (2004), our supreme court held that, since the deceptive advertising at issue did not deceive the plaintiff, no claim under the Consumer Fraud Act could be maintained.

22006–2006
Valenti v. Mitsubishi Motor Sales of America, Inc. green
illappct · 2002
2 sentences

2006See Avery, 216 Ill. 2d at 196-97 (no showing of actual damage in a consumer fraud claim where plaintiffs testimony established he sold the car for its fair market value despite the presence of “non-OEM” parts); Valenti v. Mitsubishi Motor Sales of America, Inc., 332 Ill.

2006See Avery, 216 Ill. 2d at 196-97 (no showing of actual damage in a consumer fraud claim where plaintiff=s testimony established he sold the car for its fair market value despite the presence of non-OEM parts); Valenti v. Mitsubishi Motor Sales of America, Inc., 332 Ill.

22006–2006
Avery v. State Farm Mutual Automobile Insurance green
illappct · 2001
2 sentences

2005As in the circuit court, the appellate court held that a common question of fact predominated for the class based upon State Farm’s uniform practice of specifying non-OEM parts and providing its insureds with a written estimate and a “Quality Replacement Parts” brochure: “In regard to the consumer-fraud claim, the record contained evidence that State Farm engaged in an ongoing course of conduct nationwide, in which it specified inferior non-OEM parts whenever those parts were cheaper and available, that State Farm knew those parts were inferior, that State Farm did not inform its policyholders

2005As in the circuit court, the appellate court held that a common question of fact predominated for the class based upon State Farm's uniform practice of specifying non-OEM parts and providing its insureds with a written estimate and a "Quality Replacement Parts" brochure: "In regard to the consumer-fraud claim, the record contained evidence that State Farm engaged in an ongoing course of conduct nationwide, in which it specified inferior non-OEM parts whenever those parts were cheaper and available, that State Farm knew those parts were inferior, that State Farm did not inform its policyholders

22005–2005
Majcher v. Laurel Motors, Inc. green
illappct · 1997
2 sentences

2003App. 3d 719, 732 , 680 N.E.2d 416 (1997)) and this entitlement is limited to only those fees incurred by the plaintiff that were for work specifically related to the consumer fraud claim.

2003App. 3d 719, 732 , 680 N.E.2d 416 (1997)) and this entitlement is limited to only those fees incurred by the plaintiff that were for work specifically related to the consumer fraud claim.

22003–2003
Schorsch v. Fireside Chrysler-Plymouth, Mazda, Inc. green
illappct · 1997
2 sentences

2003Schorsch v. Fireside Chrysler-Plymouth, Mazda, Inc., 286 Ill.

2003Schorsch v. Fireside Chrysler-Plymouth, Mazda, Inc. , 286 Ill.

22003–2003
Jackson v. South Holland Dodge, Inc. green
ill · 2001
2 sentences

2002Jackson, 197 Ill.2d at 50 , 258 Ill.Dec. 79 , 755 N.E.2d 462 .

2002Jackson, 197 Ill. 2d at 50 .

22002–2002
Spengler v. v. & R MARATHON, INC. green
illappct · 1987
2 sentences

1992App. 3d at 667 , quoting Spengler v. V & R Marathon, Inc. (1987), 162 Ill.

1990Stat. 1987, ch. 1211/2, par. 262.) Although a claim under the Consumer Fraud Act differs from a common law fraud action, a consumer fraud claim “must be pleaded with the same specificity that has always been a prerequisite to an action for common law fraud. [Citation.]” Spengler v. V&R Marathon, Inc. (1987), 162 Ill.

21990–1992
Tri-Plex Technical Services, Ltd. v. Jon-Don, LLC green
ill · 2024
2 sentences

2024Tri-Plex Technical Services, Ltd. v. Jon-Don LLC, 2024 IL 129183 , ¶ 26.

2024Tri-Plex Technical Services, Ltd. v. Jon-Don LLC, 2024 IL 129183 , ¶ 26.

12024–2024
DOD Technologies v. Mesierow Insurance Services, Inc. green
illappct · 2008
1 sentence

2023Id. - 36 - Nos. 1-21-1097 & 1-22-0308 (cons.) ¶ 90 Here, Remprex’s first amended complaint alleged that Lloyd’s engaged in unfair and deceptive acts and practices by creating through its advertising the expectation among prospective insureds that media liability claims would be covered; selling policies purporting to cover media liability; and then arbitrarily and without basis denying coverage for such claims.

12023–2023
Pack v. Maslikiewicz green
illappct · 2019
1 sentence

2023Id. at 179 ; Pack v. Maslikiewicz, 2019 IL App (1st) 182447, ¶ 114 . ¶ 18 When a plaintiff’s breach of contract and consumer fraud counts rely on the same facts, the consumer fraud claim is “merely a breach of contract count clothed as a [consumer fraud count].” Sklodowski v. Countrywide Home Loans, Inc., 358 Ill.

12023–2023
Motorola Solutions, Inc. v. Zurich Insurance Co. green
illappct · 2015
12021–2021
Burkhart v. Wolf Motors of Naperville, Inc. green
illappct · 2016
12016–2016
Oliveira v. Amoco Oil Co. green
ill · 2002
12009–2009
Werderman v. Liberty Ventures, LLC green
illappct · 2006
12008–2008
Royal Imperial Group, Inc. v. Joseph Blumberg & Associates, Inc. green
illappct · 1992
11994–1994
Zinser v. Rose green
illappct · 1993
11994–1994
Jones v. Universal Casualty Co. green
illappct · 1994
11994–1994
Maguire v. Holcomb green
illappct · 1988
11993–1993
Shea v. Preservation Chicago, Inc. green
illappct · 1990
11992–1992
Fitzgerald v. Chicago Title & Trust Co. green
ill · 1978
11987–1987

Statutes the citing opinions construe

IL § 815 ILCS 505/1 (52) IL § 815 ILCS 505/2 (41) IL § 815 ILCS 505/10a (29) IL § 735 ILCS 5/2-615 (16) IL § 735 ILCS 5/2-1005 (12) IL § 815 ILCS 505/10b (10) IL § 215 ILCS 5/155 (6) IL § 815 ILCS 505/11a (6) USC § 15u.s.c.2301 (6) CFR § 16c.f.r.433.2 (5) IL § 735 ILCS 5/2-619 (5) IL § 735 ILCS 5/2-802 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 72 (1987–2025) NJ 23 (1988–2026) VT 17 (1993–2025) IA 9 (1998–2025) AZ 7 (1986–2016) CA 2 (2014–2024) DE 2 (2015–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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