IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS

[PLAINTIFF NAME],
  Plaintiff,

v.
[DEFENDANT NAME],
  Defendant.

Case No. ______

VERIFIED COMPLAINT FOR CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES

(Jury Trial Demanded)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Claims for Relief)
IV. Representations & Warranties (Factual Allegations)
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

[// GUIDANCE: Update the Table of Contents page numbers once the Complaint is finalized.]

I. DOCUMENT HEADER

1. Parties Identification
   1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], and at all relevant times was a “consumer” within the meaning of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. 505/1 et seq. (the “ICFA”).
   1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/etc.] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and at all relevant times was engaged in trade and commerce in the State of Illinois.

2. Jurisdiction & Venue
   2.1 This Court has subject-matter jurisdiction under 735 ILCS 5/2-101 because the causes of action arise under Illinois statutes and common law.
   2.2 Venue is proper in this County under 735 ILCS 5/2-101 and 505/10a(a) because the transactions at issue occurred, and the Plaintiff suffered damages, in this County.

3. Effective Date & Governing Law
   3.1 This pleading is filed on [FILING DATE] and is governed by the laws of the State of Illinois, including the ICFA.

4. Recitals
   WHEREAS, Plaintiff purchased [PRODUCT/SERVICE] from Defendant on or about [DATE]; and
   WHEREAS, Plaintiff alleges that Defendant engaged in unfair or deceptive acts or practices in violation of the ICFA;
   NOW, THEREFORE, Plaintiff brings this action for damages and equitable relief as set forth below.

II. DEFINITIONS

For ease of reference, the following terms have the meanings set forth below and apply throughout this Complaint:

“Act” or “ICFA” – The Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. 505/1 et seq.
“Arbitration Clause” – Any predispute arbitration requirement asserted by Defendant relating to the Transaction.
“Defective Product” – The [PRODUCT] purchased by Plaintiff that is the subject of this dispute.
“Misrepresentation” – Any false, misleading, or deceptive statement or omission by Defendant regarding the Defective Product.
“Transaction” – The purchase of the Defective Product by Plaintiff from Defendant on [DATE].

[// GUIDANCE: Add or delete defined terms to track the facts of your matter. Cross-check for consistent capitalization.]

III. OPERATIVE PROVISIONS (CLAIMS FOR RELIEF)

Count I – Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.)

3.1 Plaintiff realleges and incorporates by reference all preceding paragraphs.
3.2 Defendant engaged in trade and commerce by advertising, marketing, and selling the Defective Product to Illinois consumers.
3.3 Defendant committed one or more unfair or deceptive acts or practices, including but not limited to:
a. Misrepresenting the quality, characteristics, or benefits of the Defective Product;
b. Omitting material information necessary to make Defendant’s statements non-misleading;
c. Failing to honor express and implied warranties.
3.4 Defendant’s conduct was knowing and intentional.
3.5 Plaintiff suffered actual damages in an amount to be proven at trial, including but not limited to [list categories of damages].
3.6 Pursuant to 815 Ill. Comp. Stat. 505/10a(a)-(c), Plaintiff is entitled to:
a. Actual economic damages;
b. Equitable relief, including rescission and restitution;
c. Injunctive relief to enjoin further violations;
d. Reasonable attorney’s fees and costs; and
e. Punitive and/or treble damages to the extent permitted by law.

Count II – Common-Law Fraud

[Include elements: false statement, knowledge, intent, reliance, damages. Provide factual detail.]

Count III – Unjust Enrichment

[Allege benefit conferred, retention unjust under circumstances.]

[// GUIDANCE: Omit Counts II–III if unnecessary. If Defendant presents a valid Arbitration Clause, preserve the right to challenge enforceability.]

IV. REPRESENTATIONS & WARRANTIES (FACTUAL ALLEGATIONS)

4.1 Defendant expressly represented that the Defective Product would “[REPRESENTATION LANGUAGE].”
4.2 Defendant impliedly warranted that the Defective Product was of merchantable quality and fit for its intended purpose.
4.3 Each representation was false when made and was material to Plaintiff’s decision to enter into the Transaction.
4.4 Plaintiff relied on the foregoing representations and warranties to his/her detriment.

V. COVENANTS & RESTRICTIONS

5.1 Defendant had an affirmative obligation under the ICFA and other applicable law to refrain from unfair or deceptive practices.
5.2 Defendant covenanted, through its marketing and terms of sale, to provide truthful information and honor all warranties.
5.3 Defendant breached these covenants, thereby triggering the remedies set forth below.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Any misrepresentation or omission concerning the Defective Product;
b. Failure or refusal to refund or replace the Defective Product within [X] days of notice;
c. Failure to comply with any demand for correction under 815 ILCS 505/10a.
6.2 Notice & Opportunity to Cure
Plaintiff provided written notice on [DATE] pursuant to 815 ILCS 505/10a(d). Defendant failed to cure within the statutory period.
6.3 Graduated Remedies
a. Equitable Relief – Temporary, preliminary, and permanent injunctive relief;
b. Monetary Relief – Actual, statutory, and punitive/treble damages (as applicable);
c. Fee Shifting – Attorney’s fees, expert fees, and costs.

VII. RISK ALLOCATION

7.1 Indemnification
Defendant shall indemnify and hold Plaintiff harmless from any third-party claims arising out of Defendant’s unfair or deceptive conduct.
7.2 Limitation of Liability Caps
Plaintiff seeks damages up to three times the amount of actual damages or as otherwise allowed by statute.
7.3 Force Majeure
No force-majeure event excuses Defendant’s statutory obligations under the ICFA.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This action is governed by the laws of the State of Illinois without regard to conflict-of-laws principles.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Circuit Court of [COUNTY] County, Illinois.
8.3 Arbitration
To the extent any arbitration clause is asserted, Plaintiff reserves all rights to contest enforceability under the ICFA and state contract law doctrines of unconscionability and public policy.
8.4 Jury Trial
Plaintiff demands trial by jury on all issues so triable as a matter of right under Article I, § 13 of the Illinois Constitution.
8.5 Injunctive Relief
Nothing herein shall preclude Plaintiff from seeking immediate injunctive relief in this Court.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver
Plaintiff reserves the right to amend this Complaint as justice requires.
9.2 Assignment
Plaintiff’s claims are personal and non-assignable without leave of Court.
9.3 Severability
Should any provision be declared unenforceable, the remaining provisions shall remain in full force.
9.4 Integration
This Complaint constitutes the entire statement of Plaintiff’s claims at this time.
9.5 Electronic Signatures
Pursuant to 5 ILCS 175/ (Electronic Commerce Security Act), electronic signatures shall carry the same legal effect as original signatures.

X. EXECUTION BLOCK

Dated: [FILING DATE]

Respectfully submitted,

[ATTORNEY NAME] (ARDC No. ____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

Verification

I, [PLAINTIFF NAME], being first duly sworn on oath, state that I have read the foregoing Verified Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]

Subscribed and sworn before me this _ day of _, 20__.

Notary Public

Attorney Certification (Sup. Ct. Rule 137)

The undersigned certifies that the statements set forth in this pleading are true and correct to the best of the attorney’s knowledge, information, and belief, formed after reasonable inquiry.

[ATTORNEY NAME]

Certificate of Service

I certify that on [DATE], I caused a true and correct copy of the foregoing Verified Complaint to be served on all counsel of record via [METHOD].

[ATTORNEY NAME]

[// GUIDANCE:
1. Replace all bracketed placeholders with client-specific information.
2. Confirm whether any count beyond Count I is appropriate under the facts.
3. Reassess the request for treble damages—while punitive damages are available under the ICFA, treble damages may require an additional statutory basis (e.g., 740 ILCS 92/20 for certain elder-fraud cases).
4. Attach any required exhibits (e.g., purchase receipts, correspondence) and label them “Exhibit A,” “Exhibit B,” etc.
5. Verify local court rules for page limits, font size, and electronic filing conventions before submission.
]