Subject Index Consumer Protection

A proposed amendment to the Public Utilities Act would require cable and video providers to give customers notice of rates and promotional prices by mail or email.

The Ticket Sale and Resale Act has been amended to impose disclosure requirements and require ticket sellers or brokers to have a return policy that meets certain standards.

The Meat and Poultry Inspection Act has been amended to add new reporting requirements for "Type 1" licensees, or facilities that sell meat, poultry, and other meat products.

The Illinois Funeral or Burial Funds Act has been amended to allow for the revocation, suspension, or denial of licensure to a funeral service provider if the applicant or licensee engages in a lockout in response to a strike, and the Comptroller has reason to believe that the lockout has negatively impacted consumers.

The Comptroller recently amended the Illinois Funeral or Burial Funds Act to clarify the consumer protections for pre-need funeral and burial services. 38 Ill. Adm. Code 610.

The Consumer Fraud and Deceptive Business Practices Act has been amended by making it unlawful for those who publish or disseminate criminal records information in print or electronic format, including members of the news media, to accept payment or other consideration for the removal or modification of such information.

On May 23, 2013, the Illinois Supreme Court held that the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. section 227(b)(3) (2006), was a remedial statute, not a punitive statute.

Illinois lawmakers have amended the Mercury-added Product Prohibition Act to restrict the sale and distribution of zinc batteries. 410 ILCS 46/10 and 46/27.

Newly implemented rules adopted in part 412 of title 83 of the Illinois Administrative Code regulate marketing practices and set ground rules for consumer contracts and dispute resolution applicable for retail electric suppliers.

On November 20, 2012, the Illinois Appellate Court, First District, determined that a defendant's intent to induce reliance by a consumer is a necessary element to proving a section 2 claim under the Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"), regardless of whether the defendant's action was a misrepresentation or omission of material fact.

Illinois lawmakers have amended the Consumer Installment Loan Act (205 ILCS 670/20) and the Payday Loan Reform Act (815 ILCS 122/4-10) by declaring a loan made pursuant to either act to be null and void if its lender is not licensed under such act.

State lawmakers have amended the Consumer Fraud and Deceptive Business Practices Act to further protect online daters (815 ILCS 505/2MMM new).

On June 20, 2012, the second district appellate court held that contractual choice-of-law and forum-selection clauses that provide for the application of Illinois law do not automatically permit a party to bring claims under the Illinois Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"). International Profit Associates, Inc. v. Linus Alarm Corp., ___ N.E.2d ___, 2012 IL App (2d) 110958.

The Smoke Detector Act has been amended to require hotels to install at least one approved smoke detector within 15 feet of every guestroom. (425 ILCS 60/3).

The Lead Poisoning Prevention Act has been amended to (i) narrow its definition of child care articles and toys containing paint, (ii) change the minimum statement required to appear on children's products, and (iii) define body piercing jewelry and worn jewelry covered by the Act (410 ILCS 45/6).

Retailers offering merchandise rebate offers must now abide by new disclosure requirements. (815 ILCS 505/2LLL new).

The Illinois General Assembly amended section 6 of the Lead Poisoning Prevention Act and added two new sections to the Mercury-added Product Prohibition Act. 410 ILCS 45/6, 410 ILCS 46/22, 23. 

On July 10, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County finding the Customer Agreement between Charlotte Bess and DirecTV procedurally unconscionable and therefore unenforceable.

On February 2, 2007, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the plaintiff's consumer fraud, breach of warranty, and medical monitoring claims against defendant Bayer Corporation (Bayer), after its recall of the drug Baycol.

On December 21, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, and the Circuit Court of Cook County, striking the defendants' petition for fees.

On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 

The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act, forbidding performing music groups from misleading the public into false associations with other recording music groups.

The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX.