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
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