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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] Violations of the Tax Refund Anticipation Loan Reform Act
- Debt Collection
- [3.12] Debt Collection from Spouse of Obligor
- [3.13] Communication with Employer Regarding Debt Collection
- [3.14] Debt Settlement Consumer Protection Act
- Mail Solicitations and Door-to-Door Sales
- [3.15] Home Solicitation Sales and Three-Day Right To Cancel
- [3.16] Mail Order and Catalog Businesses — Disclosure of Name and Address
- [3.17] Direct Mail Solicitation Disclosure
- [3.18] Shipments of Similar Merchandise to Consumer
- Advertising and Retail Merchandising
- [3.19] Wholesale Advertising
- [3.20] Free Offers
- [3.21] Use of Coupons in Consumer Sales
- [3.22] Price Scanners
- [3.23] Simulated Checks
- [3.24] Health-Related Cash Discount Cards
- [3.25] Telephone Directory Advertisements
- [3.26] Sale of Gift Certificates
- [3.27] Mortgage Marketing Materials
- [3.28] Retail Rebates
- Telemarketing and Telecommunications
- [3.29] Telemarketing of Free Trials
- [3.30] Telecommunication Service Provider Selection
- [3.31] Sweepstakes Box Promotions
- [3.32] Cancellation of Internet Services
- [3.33] Sale of Prepaid Calling Cards
- [3.34] Identification of Third-Party Billings on Wireless Service Bills
- [3.35] Products and Services Charged to a Consumer’s Telephone Bill
- Housing-Related Practices
- [3.36] Purchase of Title Insurance from Specific Insurer as Precondition to Receiving Loan
- [3.37] Home Improvements
- Electric Services
- [3.38] Illegal Switching of Consumers’ Electric Services
- [3.39] Electric Service Fraud of Elderly and Disabled Persons
- [3.40] Electric Service Advertising
- [3.41] Electric Service Providers’ Billing and Collection Practices
- Radon
- [3.42] Radon Measuring Devices
- [3.43] Radon Test Results
- [3.44] Reduction of Radon
- Natural Gas
- [3.45] Alternative Gas Suppliers
- [3.46] Natural Gas Service Advertising
- [3.47] Protection of Customer’s Personal Information
- [3.48] Prohibition of Prize Promotions To Solicit Alternative Natural Gas Services
- [3.49] Chain Referral Sales and Pyramid Sales Schemes
- Identity Theft
- [3.50] Disclosure of Social Security Number on Insurance Cards
- [3.51] Disclosure of Social Security Number
- [3.52] Verification of Accuracy of Credit Reporting Information Used To Extend Consumer Credit
- [3.53] Disclosure of Credit Card Account Numbers
- [3.54] Denial of Credit and Utility Service to Victim of Identity Theft
- Miscellaneous Practices
- [3.55] Solicitations Regarding Records
- [3.56] Resale of Repossessed Goods
- [3.57] Used Vehicle Sale Warranties
- [3.58] Factory Authorized Services
- [3.59] Non-English Language Transactions
- [3.60] Gasohol
- [3.61] Violations of Other Acts
- [3.62] Immigration Assistance Services
- [3.63] Living Trusts
- [3.64] Shoppers Club Information
- [3.65] Animal Cremation Act
- [3.66] Halal Food Disclosure
- [3.67] Usage of a Vocal or Instrumental Group’s Name
- [3.68] Work-at-Home Solicitations
- [3.69] Payoff of Liens on Motor Vehicles Traded in to Dealer
- [3.70] Long-Term Care or ID/DD Facility Consumer Choice Information Report
- [3.71] Internet Game Service Provider
- [3.72] Violations of the Private Business and Vocational Schools Act of 2012
- [3.73] Internet Dating, Child Care, Senior Care, and Home Care Safety
- [3.74] Criminal Record Information
- III. Deceptive Practices Under the Administrative Rules
- IV. [3.81] Other Deceptive and Nondeceptive Practices Identified by Caselaw
- Chapter 4 — Exemptions and Inclusions
- 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
- Federal Preemption
- [5.3] Telecommunications
- [5.4] Airlines
- [5.5] Student Loans
- [5.6] Employee Retirement Income Security Act of 1974
- [5.7] Carmack Amendment to the Interstate Commerce Act
- [5.8] Fair Credit Reporting Act
- [5.9] Federally Chartered Savings and Loans
- [5.10] Insider Trading
- [5.11] Amtrak Act
- [5.12] Nutrition Labeling and Education Act of 1990
- [5.13] Federal Cigarette Labeling and Advertising Act
- [5.14] Home Affordable Modification Program
- [5.15] Copyright Act of 1976
- [5.16] Illinois Commercial Safety Towing Law
- 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] Communications 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] Residential Mortgage License Act
- [6.12] Mortgage Rescue Fraud Act
- [6.13] Consumer Installment Loan Act
- II. Motor Vehicle-Related Statutes
- III. [6.21] Home Repair and Remodeling Act
- IV. Telecommunications- and Internet-Related Statutes
- [6.28] Automatic Telephone Dialers Act
- [6.29] Pay-Per-Call Services Consumer Protection Act
- [6.30] Telephone Solicitations Act
- [6.31] Electronic Mail Act
- [6.32] Restricted Call Registry Act (Do-Not-Call)
- [6.33] Anti-Phishing Act
- [6.34] Internet Caller Identification Act
- [6.35] Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act
- V. Health-Related Statutes
- VI. Miscellaneous Statutes
- [6.39] Travel Promotion Consumer Protection Act
- [6.40] Uniform Deceptive Trade Practices Act
- [6.41] Dance Studio Act
- [6.42] Dating Referral Services Act
- [6.43] Job Referral and Job Listing Services Consumer Protection Act
- [6.44] Illinois Membership Campground Act
- [6.45] Real Estate Timeshare Act
- [6.46] Hearing Instrument Consumer Protection Act
- [6.47] Physical Fitness Services Act
- [6.48] Prizes and Gifts Act
- [6.49] Children’s Privacy Protection and Parental Empowerment Act
- [6.50] Automatic Contract Renewal Act
- [6.51] Personal Information Protection Act
- VII. [6.52] 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] Statute of Limitations
- XI. [9.13] Reliance
- XII. [9.14] Privity
- XIII. [9.15] Cosigners
- XIV. [9.16] Waiver of Rights
- XV. [9.17] Federal Subject-Matter Jurisdiction
- XVI. [9.18] Nonexclusive Remedies
Authors
- Charles Gilbert Fergus
Charles Gilbert Fergus
No bio available.
- Deborah Hagan
Deborah Hagan
Deborah Hagan was with the Attorney General’s Office for over 30 years. She served as Division Chief of the statewide Consumer Protection Division of the Office of the Illinois Attorney General in Springfield and Chicago. She also served as an Assistant Attorney General, Deputy Chief, and Bureau Chief of the Consumer Fraud Bureau. Ms. Hagan has written for IICLEÒ’s ADVISING ELDERLY CLIENTS AND THEIR FAMILIES and for the Illinois Bar Journal. She received her B.A. from Miami University (Oxford, Ohio) and her J.D. from the University of Dayton School of Law.
Consumer Protection Law (Illinois) (ARCHIVED 2014 EDITION)
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