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Table of Contents

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

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

[3.29] Retail Pricing for Standard Services

Telemarketing and Telecommunications

[3.30] Telemarketing of Free Trials

[3.31] Telecommunication Service Provider Selection

[3.32] Sweepstakes Box Promotions

[3.33] Cancellation of Internet Services

[3.34] Sale of Prepaid Calling Cards

[3.35] Identification of Third-Party Billings on Wireless Service Bills

[3.36] Products and Services Charged to a Consumer’s Telephone Bill

[3.37] Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act

Housing-Related Practices

[3.38] Purchase of Title Insurance from Specific Insurer as Precondition to Receiving Loan

[3.39] Home Improvements

Electric Services

[3.40] Illegal Switching of Consumers’ Electric Services

[3.41] Electric Service Fraud of Elderly Persons and Persons with Disabilities

[3.42] Electric Service Advertising

[3.43] Electric Service Providers’ Billing and Collection Practices

Radon

[3.44] Radon-Measuring Devices

[3.45] Radon Test Results

[3.46] Reduction of Radon

Alternative Gas

[3.47] Alternative Gas Suppliers

[3.48] Natural Gas Service Advertising

[3.49] Protection of Customer’s Personal Information

[3.50] Prohibition of Prize Promotions To Solicit Alternative Natural Gas Services

[3.51] Chain Referral Sales and Pyramid Sales Schemes

Identity Theft

[3.52] Disclosure of Social Security Number on Insurance Cards

[3.53] Disclosure of Social Security Number

[3.54] Identity Theft Law

[3.55] Mandatory Acceptance by Law Enforcement Agencies of Reports of Identity Theft

[3.56] Determination of Innocence Due to Identity Theft

[3.57] Verification of Accuracy of Credit Reporting Information Used To Extend Consumer Credit and Security Freeze on Credit Reports

[3.58] Disclosure of Credit Card Account Numbers

[3.59] Denial of Credit and Utility Service to Victim of Identity Theft

Miscellaneous Practices

[3.60] Solicitations Regarding Records

[3.61] Resale of Repossessed Goods

[3.62] Used Vehicle Sale Warranties

[3.63] Factory Authorized Services

[3.64] Non-English Language Transactions

[3.65] Gasohol

[3.66] Violations of Other Acts

[3.67] Immigration Assistance Services

[3.68] Living Trusts

[3.69] Shoppers Club Information

[3.70] Animal Cremation Act

[3.71] Halal Food Disclosure

[3.72] Usage of a Vocal or Instrumental Group’s Name

[3.73] Work-at-Home Solicitations

[3.74] Payoff of Liens on Motor Vehicles Traded in to Dealer

[3.75] Long-Term Care or Intellectual Disability/Developmental Disability Facility Consumer Choice Information Report

[3.76] Internet Game Service Provider

[3.77] Private Business and Vocational Schools Act of 2012

[3.78] Criminal Record Information

[3.79] Household Goods Recycling Bins

[3.80] Unfair or Deceptive Patent Infringement Demand Letters

[3.81] Nondisparagement Clauses in Consumer Contracts

III. Deceptive Practices Under the Administrative Rules

[3.82] Buyers Club Rules

[3.83] Retail Advertising Regulations

[3.84] Motor Vehicle Advertising Regulations

[3.85] Immigration Services Rules

[3.86] Price-Gouging Rules

[3.87] Halal Food Disclosure Rules

IV. [3.88] 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

Chapter 6 — Industry-Specific 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

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.
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.
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.

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Consumer Protection Law (ARCHIVED 2019 EDITION)

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