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Table of Contents
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Chapter 1 — The Consumer Fraud and Deceptive Business Practices Act and Related Statutes: Background and Definitions - Chapter 2 — Unlawful Practices Under the Consumer Fraud and Deceptive Business Practices Act
- Chapter 3 — Specific Deceptive Practices Described
- I. [3.1] Introduction
-
II. [3.2] Statutorily Defined Deceptive Practices - Credit Extension and Debt Collection Practices
- Credit Application and Extension
- [3.3] Negotiable Instruments in Connection with Installment Sales
- [3.4] Violation of Any Law Regulating Credit
- [3.5] Repeated Violations of Certain Acts
- [3.6] Terms of Credit Sales
- [3.7] Advertising of Credit Rates
- [3.8] Credit Application — Refusal and Return of Down Payment
- [3.9] Credit Card and Debit Card Receipts
- [3.10] Reporting Adverse Information Regarding Cosigners
- [3.11] Tax Refund Anticipation Loan Reform Act
- [3.12] Disclosure Requirements for Manufactured Homes
- Debt Collection
- [3.13] Debt Collection from Spouse of Obligor
- [3.14] Communication with Employer Regarding Debt Collection
- [3.15] Debt Settlement Consumer Protection Act
- Mail Solicitations and Door-to-Door Sales
- [3.16] Home Solicitation Sales and Three-Day Right To Cancel
- [3.17] Mail Order and Catalog Businesses — Disclosure of Name and Address
- [3.18] Direct Mail Solicitation Disclosure
- [3.19] Shipments of Similar Merchandise to Consumer
- Advertising and Retail Merchandising
- [3.20] Wholesale Advertising
- [3.21] Free Offers
- [3.22] Use of Coupons in Consumer Sales
- [3.23] Price Scanners
- [3.24] Simulated Checks
- [3.25] Health-Related Cash Discount Cards
- [3.26] Telephone Directory Advertisements
- [3.27] Sale of Gift Certificates
- [3.28] Mortgage Marketing Materials
- [3.29] Retail Rebates
- [3.30] Retail Pricing for Standard Services
- Telemarketing and Telecommunications
- [3.31] Telemarketing of Free Trials
- [3.32] Telecommunication Service Provider Selection
- [3.33] Sweepstakes Box Promotions
- [3.34] Cancellation of Internet Services
- [3.35] Sale of Prepaid Calling Cards
- [3.36] Identification of Third-Party Billings on Wireless Service Bills
- [3.37] Products and Services Charged to a Consumer’s Telephone Bill
- [3.38] Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act
- Housing-Related Practices
- [3.39] Purchase of Title Insurance from Specific Insurer as Precondition to Receiving Loan
- [3.40] Home Improvements
- [3.41] Electric Services
- [3.42] Illegal Switching of Consumers’ Electric Services/Alternative Retail Electric Supplier Selection
- [3.43] Electric Service Fraud of Elderly Persons and Persons with Disabilities
- [3.44] Electric Service Advertising
- [3.45] Electric Service Providers’ Billing and Collection Practices
- Radon
- [3.46] Radon-Measuring Devices
- [3.47] Radon Test Results
- [3.48] Reduction of Radon
- Alternative Gas
- [3.49] Alternative Gas Suppliers
- [3.50] Natural Gas Service Advertising
- [3.51] Protection of Customer’s Personal Information
- [3.52] Prohibition of Prize Promotions To Solicit Alternative Natural Gas Services
- [3.53] Chain Referral Sales and Pyramid Sales Schemes
- Identity Theft
- [3.54] Disclosure of Social Security Number on Insurance Cards
- [3.55] Disclosure of Social Security Number
- [3.56] Identity Theft Law
- [3.57] Mandatory Acceptance by Law Enforcement Agencies of Reports of Identity Theft
- [3.58] Determination of Innocence Due to Identity Theft
- [3.59] Verification of Accuracy of Credit Reporting Information Used To Extend Consumer Credit and Security Freeze on Credit Reports
- [3.60] Disclosure of Credit Card Account Numbers
- [3.61] Denial of Credit and Utility Service to Victim of Identity Theft
- Miscellaneous Practices
- [3.62] Solicitations Regarding Records
- [3.63] Resale of Repossessed Goods
- [3.64] Used Vehicle Sale Warranties
- [3.65] Factory Authorized Services
- [3.66] Non-English Language Transactions
- [3.67] Gasohol
- [3.68] Violations of Other Acts
- [3.69] Immigration Assistance Services
- [3.70] Living Trusts
- [3.71] Shoppers Club Information
- [3.72] Animal Cremation Act
- [3.73] Halal Food Disclosure
- [3.74] Usage of a Vocal or Instrumental Group’s Name
- [3.75] Work-at-Home Solicitations
- [3.76] Payoff of Liens on Motor Vehicles Traded in to Dealer
- [3.77] Long-Term Care or Intellectual Disability/Developmental Disability Facility Consumer Choice Information Report
- [3.78] Internet Game Service Provider
- [3.79] Private Business and Vocational Schools Act of 2012
- [3.80] Criminal Record Information
- [3.81] Household Goods Recycling Bins
- [3.82] Unfair or Deceptive Patent Infringement Demand Letters
- [3.83] Nondisparagement Clauses in Consumer Contracts
- [3.84] Early Termination Fees Charged to Deceased Persons
- [3.85] Deceptive Practices Targeting Veterans and Military Members
- [3.86] Deceptive Marketing, Advertising, and Sale of Mental Health Disorder and Substance Use Disorder Treatment
- III. Deceptive Practices Under the Administrative Rules
- IV. [3.93] Other Deceptive and Nondeceptive Practices Identified by Caselaw
- Chapter 4 — Exemptions and Inclusions
- I. [4.1] Statutory Exemptions
- II. Nonstatutory Exemptions or Inclusions
- [4.2] Attorneys
- [4.3] Physicians
- [4.4] Accountants and Insurance Agents
- [4.5] Real Estate Sales
- [4.6] Home Builders
- [4.7] Truth in Lending Act
- [4.8] Banking
- [4.9] Competitive Telecommunication Companies Not Under Exclusive Jurisdiction of the Illinois Commerce Commission
- [4.10] Dentists
- [4.11] Voluntary Payment Doctrine
- [4.12] Mortgage Foreclosure Law
- III. [4.13] Related Caselaw
- IV. [4.14] Waiver or Modification of Rights Under the Consumer Fraud and Deceptive Business Practices Act
- Chapter 5 — Constitutionality of the Consumer Fraud and Deceptive Business Practices Act and Construction Under Federal Law
- I. [5.1] Constitutionality of the Consumer Fraud and Deceptive Business Practices Act
- II. Construction Under Federal Law
- [5.2] Federal Trade Commission Precedent
- [5.3] State Police Powers and the Presumption Against Preemption
- Federal Preemption
- [5.4] Telecommunications
- [5.5] Airlines
- [5.6] Student Loans
- [5.7] Employee Retirement Income Security Act
- [5.8] Carmack Amendment to the Interstate Commerce Act
- [5.9] Fair Credit Reporting Act
- [5.10] Federally Chartered Savings and Loans
- [5.11] Insider Trading
- [5.12] Amtrak Act
- Product Labeling
- [5.13] Nutritional Labeling and Education Act of 1990
- [5.14] Federal Cigarette Labeling and Advertising Act
- [5.15] Food, Drug, and Cosmetic Act
- Chapter 6 — Industry-Specific Statutes
- I. Credit and Finance-Related Statutes
- [6.1] Retail Installment Sales Act
- [6.2] Credit Services Organizations Act
- [6.3] Consumer Deposit Security Act
- [6.4] Tax Refund Anticipation Loan Reform Act
- [6.5] Payday Loan Reform Act
- [6.6] Collection Agency Act
- [6.7] Communication with People Other than the Debtor
- [6.8] Communications with a Debtor
- [6.9] Validation of a Debt
- [6.10] Victims of Identity Theft
- [6.11] Safe Harbor
- [6.12] Residential Mortgage License Act
- [6.13] Mortgage Rescue Fraud Act
- [6.14] Reverse Mortgage Act
- [6.15] Consumer Installment Loan Act
- [6.16] Installment Sales Contract Act
- [6.17] Student Loan Servicing Rights Act
- [6.18] Predatory Loan Prevention Act
- [6.19] Consumer Legal Funding Act
- II. Motor Vehicle-Related Statutes
- III. [6.27] Home Repair and Remodeling Act
- IV. Telecommunications and Internet-Related Statutes
- V. Privacy-Related Statutes
- VI. Health-Related Statutes
- VII. Miscellaneous Statutes
- [6.46] Travel Promotion Consumer Protection Act
- [6.47] Uniform Deceptive Trade Practices Act
- [6.48] Dance Studio Act
- [6.49] Dating Referral Services Act
- [6.50] Job Referral and Job Listing Services Consumer Protection Act
- [6.51] Illinois Membership Campground Act
- [6.52] Hearing Instrument Consumer Protection Act
- [6.53] Physical Fitness Services Act
- [6.54] Prizes and Gifts Act
- [6.55] Automatic Contract Renewal Act
- [6.56] Educational Planning Services Consumer Protection Act
- VIII. [6.57] Appendix — Other Consumer-Related Statutes
- Chapter 7 — Procedural Issues
- Chapter 8 — Powers of the Attorney General
- Chapter 9 — Private Actions Under the Consumer Fraud and Deceptive Business Practices Act
- I. [9.1] Introduction
- II. [9.2] Notice to the Attorney General of Private Lawsuits
- III. [9.3] Injunctive Relief
- IV. [9.4] Punitive Damages
- V. [9.5] Damages and Causation
- VI. Fees and Costs
- VII. [9.9] Jury Trials
- VIII. [9.10] Death of a Party
- IX. [9.11] Public Injury
- X. [9.12] Standing
- XI. [9.13] Statute of Limitations
- XII. [9.14] Reliance
- XIII. [9.15] Privity
- XIV. [9.16] Cosigners
- XV. [9.17] Waiver of Rights
- XVI. [9.18] Federal Subject-Matter Jurisdiction
- XVII. [9.19] Nonexclusive Remedies
Authors
- Elizabeth Blackston
Elizabeth Blackston
Elizabeth Blackston is an Assistant Attorney General at the Office of the Illinois Attorney General and Chief of the Consumer Fraud Bureau, Southern Region, in Springfield. Blackston received her J.D. from Washington University School of Law and her B.A. from the University of Illinois Urbana-Champaign.
- Jacob M. Gilbert
Jacob M. Gilbert
Jacob M. Gilbert is Deputy Bureau Chief of the Consumer Fraud Bureau at the Office of the Illinois Attorney General in Chicago. Gilbert received his B.A. from Johns Hopkins University, his M.A. from Lehman College — City University of New York, and his J.D. from the Illinois Institute of Technology — Chicago-Kent College of Law.
- Cassandra L. Halm
Cassandra L. Halm
Cassandra L. Halm is Deputy Bureau Chief, Consumer Fraud Bureau, Southern Region, at the Illinois Attorney General’s Office in Springfield. Halm received her J.D. from the University of Southern Illinois School of Law.
- Paul Isaac
Paul Isaac
Paul Isaac is Deputy Secretary of the Illinois Department of Financial and Professional Regulation, in Chicago. Isaac received his J.D. from Northern Illinois University College of Law, where he was the Law Review Managing Editor, and his B.A. from Northeastern Illinois University.
Consumer Protection Law 2023 Edition
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