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List of Forms by Chapter - Chapter 1 — The Illinois Consumer Fraud and Deceptive Business Practices Act
- I. [1.1] Cause of Action
- II. [1.2] What Law Controls
- III. [1.3] Elements of an Action Under the Consumer Fraud and Deceptive Business Practices Act
- IV. [1.4] Relevant Standard Jury Instructions
- V. [1.5] Statute of Limitations
- VI. [1.6] Parties
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VII. Special Considerations - [1.7] Application of the Consumer Fraud and Deceptive Business Practices Act to Nonresidents
- [1.8] Credit and Debit Card Account Numbers
- [1.9] Telemarketers Offering Free Goods or Services on a Trial Basis
- [1.10] Identity Theft
- [1.11] Waiver or Modification of Rights Under the Consumer Fraud and Deceptive Business Practices Act Are Void and Unenforceable
- [1.12] Mailed Solicitations
- [1.13] Violations of Other Acts
- [1.14] Motor Vehicle Dealers
- [1.15] Consumer Fraud and Deceptive Business Practices Act and Data Breach Litigation
- VIII. [1.16] Remedies — Special Issues
- IX. [1.17] Checklist for Complaint
- X. [1.23] Affirmative Defenses Specific to Cause of Action
- XI. [1.24] Appeal
- XII. [1.25] Preemption
- XIII. [1.26] Sample Form
- Chapter 2 — The Fair Debt Collection Practices Act
- I. [2.1] Cause of Action
- II. [2.2] What Law Controls
- III. [2.3] Elements
- IV. [2.4] Relevant Standard Jury Instructions
- V. [2.5] Statute of Limitations
- VI. [2.6] Parties
- VII. Special Considerations
- [2.7] What Is a “Debt”
- [2.8] Substantive Violations of the Fair Debt Collection Practices Act
- [2.9] Required Disclosures
- [2.10] Communications
- [2.11] Communications with third parties
- [2.12] Communication with the debtor
- [2.13] Unsophisticated or least sophisticated consumer standard
- [2.14] Prohibition of Abuse and Harassment
- [2.15] False, Misleading, and Unfair Acts and Practices
- [2.16] Venue and Jurisdiction
- VIII. [2.17] Remedies — Special Issues
- IX. [2.18] Checklist for Complaint
- X. [2.19] Affirmative Defenses Specific to Cause of Action
- XI. [2.20] Related Actions
- XII. Sample Forms
- Chapter 3 — The Truth in Lending Act
- I. [3.1] Cause of Action
- II. [3.2] What Law Controls
- III. [3.3] Elements
- IV. [3.4] Relevant Standard Jury Instructions
- V. [3.5] Statute of Limitations
- VI. [3.6] Parties
- VII. Special Considerations
- [3.7] Jurisdiction
- [3.8] Open-End Credit vs. Closed-End Credit
- [3.9] Rescission Rights Applicable to Non-Purchase-Money Mortgages
- [3.10] Suitability
- [3.11] The Home Ownership and Equity Protection Act of 1994
- [3.12] Additional Provisions Relating to Home Mortgages Added in 2008 – 2011
- [3.13] 2013 Regulations
- [3.14] Common Originator Violations in Closed-End Transactions
- [3.15] Substantive Regulation of Credit Cards
- VIII. [3.16] Remedies — Special Issues
- IX. [3.17] Affirmative Defenses Specific to Cause of Action
- X. [3.18] Sample Form
- Chapter 4 — The Telephone Consumer Protection Act
- Chapter 5 — Lemon Law Litigation: Equal Credit Opportunity Act
- I. [5.1] Cause of Action
- II. [5.2] What Law Controls
- III. [5.3] Elements
- IV. [5.4] Relevant Standard Jury Instructions
- V. [5.5] Statute of Limitations
- VI. [5.6] Parties
- VII. [5.7] Special Considerations
- VIII. [5.8] Remedies — Special Issues
- IX. [5.9] Checklist for Complaint
- X. [5.10] Affirmative Defenses Specific to Cause of Action
- XI. [5.11] Related Actions
- XII. [5.12] Sample Form
- Chapter 6 — Lemon Law Litigation: Magnuson-Moss Warranty Act
- I. [6.1] Cause of Action
- II. [6.2] What Law Controls
- III. [6.3] Elements
- IV. [6.4] Relevant Standard Jury Instructions
- V. [6.5] Statute of Limitations
- VI. [6.6] Parties
- VII. Special Considerations
- [6.7] Basis of the Bargain
- [6.8] Notice, Jurisdictional
- [6.9] Reasonable Number of Attempts or Repair Within Reasonable Time
- [6.10] Disclaimers of Implied Warranties
- [6.11] Attempted Disclaimers when a Seller Gives a Written Warranty or Adopts Manufacturer’s Warranty
- [6.12] Disclaimers of Incidental and Consequential Damages
- [6.13] Pre-Suit Arbitration
- [6.14] Warranty Act in Federal Courts
- VIII. [6.15] Remedies — Special Issues
- IX. [6.16] Checklist for Complaint
- X. [6.17] Affirmative Defenses Specific to Cause of Action
- XI. [6.18] Related Actions
- XII. [6.19] Sample Form
- Chapter 7 — Lemon Law Litigation: Revocation of Acceptance and Cancellation of Contract, and Their Substitutes
- I. [7.1] Cause of Action
- II. [7.2] What Law Controls
- III. [7.3] Elements
- IV. [7.4] Relevant Standard Jury Instructions
- V. [7.5] Statute of Limitations
- VI. [7.6] Parties
- VII. [7.7] Special Considerations
- VIII. [7.8] Remedies — Special Issues
- IX. [7.9] Checklist for Complaint
- X. [7.10] Affirmative Defenses Specific to Cause of Action
- XI. [7.11] Related Actions
- XII. [7.12] Sample Form
- Chapter 8 — Lemon Law Litigation: Odometer Act
- I. [8.1] Cause of Action
- II. [8.2] What Law Controls
- III. [8.3] Elements
- IV. [8.4] Relevant Standard Jury Instructions
- V. [8.5] Statute of Limitations
- VI. [8.6] Parties
- VII. [8.7] Special Considerations
- VIII. [8.8] Remedies — Special Issues
- IX. [8.9] Checklist for Complaint
- X. [8.10] Affirmative Defenses Specific to Cause of Action
- XI. [8.11] Related Actions
- XII. [8.12] Sample Form
- Ryan R. Bradley
Ryan R. Bradley
Ryan R. Bradley is a Partner at Koester & Bradley, LLP, in Champaign, where he focuses his practice on civil litigation and also leads his firm’s mass tort and class action litigation efforts. Mr. Bradley founded White River Consulting, holds a Series 65 Certification, and has served as a registered investment adviser and business law professor. He received his B.B.A. cum laude from Loyola University in Maryland where he also was a recipient of a Presidential Scholarship and his J.D. from Vermont Law School.
- Daniel A. Edelman
Daniel A. Edelman
Daniel A. Edelman is a Member of Edelman Combs Latturner & Goodwin, LLC, in Chicago, where his practice is focused on litigation on behalf of consumers, both class and individual actions, including cases under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, Telephone Consumer Protection Act, Real Estate Settlement Procedures Act, and consumer credit laws. He is a frequent author and speaker for the Illinois Institute for Continuing Legal Education, Chicago Bar Association, Practicing Law Institute, and National Consumer Law Center. He has testified on behalf of consumers before the Federal Trade Commission and the Illinois legislature. He is a member of the American, Illinois State, DuPage County, and Chicago Bar Associations; the National Association of Consumer Advocates; and the American Association for Justice. Mr. Edelman received his B.A. with honors from the University of Illinois and his J.D. with honors from the University of Chicago Law School.
- Emiliya Farbstein
Emiliya Farbstein
Emiliya Farbstein is with Edelman, Combs, Latturner & Goodwin, LLC, in Chicago. Ms. Farbstein is received her B.S.B.A. from of the University of Illinois at Urbana-Champaign and J.D. magna cum laude from the University of Minnesota Law School.
- Dmitry Feofanov
Dmitry Feofanov
Dmitry Feofanov is a solo practitioner who concentrates his practice in consumer law litigation with ChicagoLemonLaw.com, P.C., which he established in 2002. Before becoming a lawyer, he was a professional musician, teaching piano at the University of Kentucky and The Music Center of the North Shore in Winnetka, recording for Naxos Records, and editing several books about Russian music. Upon graduation from law school, he spent two years as a clerk to the Hon. David Harris of the Iowa Supreme Court and as a staff attorney for the Illinois Appellate Court for the Fourth District in Springfield. Mr. Feofanov has written several law review articles about constitutional law and contributed to the National Consumer Law Center’s TRUTH IN LENDING, UNFAIR AND DECEPTIVE ACTS AND PRACTICES, and CONSUMER WARRANTY LAW manuals. He received his J.D. from IIT Chicago-Kent College of Law.
- Jeshel Forrester
Jeshel Forrester
Jeshel Forrester has taught at universities in Oregon, Illinois, Australia, and New Zealand. He holds B.S. and M.A. degrees from Eastern Illinois University, a J.D. from the University of Illinois College of Law, and a graduate certificate in theology from Australian Catholic University.
Causes of Action (Illinois): Consumer Actions 2016 Edition
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