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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. [2.7] What Is a “Debt”
- VIII. [2.8] Substantive Violations of the Fair Debt Collection Practices Act
- [2.9] Unsophisticated Consumer Standard
- [2.10] Verification of Debts
- [2.11] Debt Collection Warning
- [2.12] Identification of Callers
- [2.13] Communication with Third Parties
- [2.14] Communications with the Consumer
- [2.15] Prohibition of Abuse and Harassment
- [2.16] False, Misleading, and Unfair Acts and Practices
- IX. [2.17] Limitations on Venue for Foreclosure and Collection Lawsuits
- X. [2.18] Where Fair Debt Collection Practices Act Actions May Be Filed
- XI. [2.19] Remedies — Special Issues
- XII. [2.20] Checklist for Complaint
- XIII. [2.21] Affirmative Defenses Specific to Cause of Action
- XIV. [2.22] Related Actions
- XV. 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. [3.9] Parties
- VII. Special Considerations
- [3.10] Jurisdiction
- [3.11] Open-End Credit vs. Closed-End Credit
- [3.12] Rescission Rights Applicable to Non-Purchase-Money Mortgages
- [3.13] Suitability
- [3.14] The Home Ownership and Equity Protection Act of 1994
- [3.15] Additional Provisions Relating to Home Mortgages Added in 2008 – 2011
- [3.16] 2013 Regulations
- [3.17] Electronic Provision of Disclosures
- [3.18] Common Originator Violations in Closed-End Transactions
- [3.19] Substantive Regulation of Credit Cards
- VIII. Remedies — Special Issues
- IX. [3.22] Affirmative Defenses Specific to Cause of Action
- X. Sample Forms
- 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] Magnuson-Moss Warranty — Federal Trade Commission Improvement 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 Of Counsel at Heyl, Royster, Voelker & Allen, P.C., in Champaign, where he focuses his practice on corporate law and business litigation as well as general civil litigation. 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 after beginning his law school career at the TC Williams School of Law at the University of Richmond.
- Samuel J. Brolley
Samuel J. Brolley
Samuel J. Brolley is an associate at Heyl, Royster, Voelker & Allen, P.C., in Champaign and Peoria, where he focuses his practice on civil litigation and workers’ compensation. He is also a member of the Champaign County Bar Association. Brolley earned his B.S. from the University of Illinois at Urbana-Champaign and his J.D. from the University of Notre Dame Law School.
- Julie Clark
Julie Clark
Julie Clark is a Partner of Edelman, Combs, Latturner & Goodwin, LLC, in Chicago, and focuses on class action litigation with a particular emphasis on consumer matters. Clark has successfully argued before the Appellate Court and has been a speaker at the Chicago Bar Association. She received her J.D. from DePaul Law School.
- Daniel A. Edelman
Daniel A. Edelman
Daniel A. Edelman is Principal of the firm Edelman Combs Latturner & Goodwin, LLC. Since the end of 1985, he has been in private practice in downtown Chicago. Virtually all of his practice involves litigation on behalf of consumers, including individual and class actions under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, the Real Estate Settlement Procedures Act, and the Truth in Lending Act and debt collection defense. Edelman argued for the consumer in Heintz v. Jenkins, 514 U.S. 291, 131 L.Ed.2d 395, 115 S.Ct. 1489 (1995), establishing FDCPA coverage of attorneys. He is the author or coauthor of numerous books and publications on class actions and consumer protection law, including CONSUMER CLASS ACTION MANUAL (NCLC, 2d – 5th editions) (coauthor) and chapters in OHIO CONSUMER LAW and IICLE®’s REAL ESTATE LITIGATION (2024) and CAUSES OF ACTION: CONSUMER ACTIONS (2024), as well as articles for the Loyola Consumer Law Reporter and the Chicago Bar Association. Edelman received his J.D. from the University of Chicago 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., in Lyndon, which he established in 2002. 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. 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.
- Tara L. Goodwin
Tara L. Goodwin
Tara L. Goodwin is a Member of Edelman Combs Latturner & Goodwin, LLC, in Chicago, and concentrates her practice in consumer law and litigation. Goodwin is a member of the Chicago Bar Association. She received her J.D. with high honors and Order of the Coif from Chicago-Kent College of Law and her B.A. with honors from the University of Chicago.
- William R. Graham, Jr.
William R. Graham, Jr.
William R. Graham, Jr. is the Owner of William R. Graham, Jr., Attorney at Law, in Champaign, where he concentrates his practice in litigation, personal injury, and real estate. He is a member of the Illinois and Michigan Bar Associations and is admitted in the U.S. Supreme Court, the Sixth and Seventh U.S. Circuit Courts of Appeals, and the U.S. District Courts for Northern, Central, and Southern Illinois. Graham received his B.A. from Bates College and his J.D. cum laude from Michigan State University College of Law, where he was Note and Comment Editor and Editorial Board member for the Michigan State Law Review.
- Heather A. Kolbus
Heather A. Kolbus
Heather A. Kolbus is a Partner at Edelman Combs Latturner & Goodwin, LLC, where she concentrates her practice in consumer class action litigation. She is a member of the Chicago Bar Association and the National Association of Consumer Advocates. Kolbus received her B.S. cum laude from DePaul University and her J.D. from the Roger Williams University School of Law.
- Cassandra P. Miller
Cassandra P. Miller
Cassandra P. Miller is a Member at Edelman, Combs, Latturner & Goodwin, LLC, in Chicago, and concentrates in consumer class action litigation. Miller is a member of the Chicago Bar Association. She received her J.D. magna cum laude from The John Marshall Law School and her B.A. from the University of Wisconsin-Madison.
Causes of Action: Consumer Actions 2024 Edition
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