Tuesday, February 28, 2012

consumer fraud.....Dubey v. Public Storage, Inc., 918 NE 2d 265 - Ill: Appellate Court, 1st Dist., 5th Div. 2009

To state a cause of action under the Illinois Consumer Fraud Act, five elements must be proven: (1) a deceptive act or unfair practice occurred, (2) the defendant intended for plaintiff to rely on the deception, (3) the deception occurred in the course of conduct involving trade or commerce, (4) the plaintiff sustained actual damages, and (5) such damages were proximately caused by the defendant's deception. White v. DaimlerChrysler Corp., 368 Ill.App.3d 278, 283, 305 Ill.Dec. 737, 856 N.E.2d 542 (2006). A material fact exists where a buyer would have acted differently knowing the information or if it concerned the type of information upon which a buyer would be expected to rely in making a decision whether to purchase. Connick v. Suzuki Motor Co., 174 Ill.2d 482, 505, 221 Ill.Dec. 389, 675 N.E.2d 584 (1996). Furthermore, a plaintiff's actual reliance is not required, but a plaintiff must show that defendant's consumer fraud proximately caused their injury. Connick, 174 Ill.2d at 501, 221 Ill.Dec. 389, 675 N.E.2d 584.

huh. fascinating.

AS WELL AS IS-

Griffith v. PS ILLINOIS TRUST, Ill: Appellate Court, 1st Dist., 5th Div. 2010

http://scholar.google.com/scholar_case?case=12356033520580388525&q=self+storage+DAMAGE&hl=en&as_sdt=4,14

No comments:

Post a Comment