Consumer Protection Complaint

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

[COUNTY] COUNTY, ILLINOIS

Case No.: [________________________________]

COMPLAINT FOR VIOLATION OF THE ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT

JURY TRIAL DEMANDED ON ALL ISSUES SO TRIABLE

Plaintiff [PLAINTIFF NAME] alleges against Defendant [DEFENDANT NAME] as follows:

1. PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS] in [COUNTY] County, Illinois.

2. Plaintiff purchased or contracted to purchase [DESCRIBE MERCHANDISE] for Plaintiff’s use or the use of a household member and not for resale in the ordinary course of a trade or business. Plaintiff is therefore a “consumer” under 815 ILCS 505/1(e).

3. Defendant [DEFENDANT NAME] is a [CORPORATION / LIMITED LIABILITY COMPANY / PARTNERSHIP / INDIVIDUAL] organized under the laws of [STATE], with its [REGISTERED OFFICE / OTHER OFFICE / PRINCIPAL PLACE OF BUSINESS] at [ADDRESS].

4. Defendant advertised, offered for sale, sold, or distributed merchandise or services in trade or commerce directly or indirectly affecting Illinois residents. See 815 ILCS 505/1(b), (f).

2. JURISDICTION AND VENUE

5. This Court has original jurisdiction over this justiciable matter under article VI, section 9 of the Illinois Constitution.

6. Venue is proper in this County under 815 ILCS 505/10a(b) because:

☐ Defendant resides in this County.

☐ Defendant has its principal place of business in this County.

☐ Defendant does business in this County.

☐ The transaction, or a substantial portion of it, occurred in this County.

7. Venue is also proper under 735 ILCS 5/2-101 because a defendant joined in good faith resides in this County or the transaction, or part of it, occurred here. If Defendant is an entity, its residence for venue purposes is determined under 735 ILCS 5/2-102.

3. FACTUAL ALLEGATIONS

8. On or about [DATE], Plaintiff [PURCHASED / CONTRACTED TO PURCHASE] [IDENTIFY MERCHANDISE OR SERVICES] from Defendant for $[AMOUNT].

9. Before or during the transaction, Defendant made, published, circulated, or used the following statement, promise, representation, concealment, suppression, omission, or practice: [QUOTE OR DESCRIBE PRECISELY].

10. The challenged conduct occurred through [ADVERTISEMENT / WEBSITE / APPLICATION / PACKAGE / LABEL / INVOICE / SALES PRESENTATION / CONTRACT / OTHER]. A copy is attached as Exhibit [____], if available.

11. The representation was false or misleading, or the omitted fact was material, because: [STATE SPECIFIC FACTS].

12. Defendant knew the true facts or acted under circumstances showing: [STATE WHO KNEW WHAT, WHEN, AND HOW].

13. Defendant intended that Plaintiff or others rely on the deception, misrepresentation, concealment, suppression, omission, or false promise by: [STATE FACTS SHOWING THE INTENDED RESPONSE].

14. The challenged conduct occurred in trade or commerce because: [STATE HOW THE CONDUCT RELATED TO ADVERTISING, OFFERING, SALE, OR DISTRIBUTION].

15. Plaintiff saw, heard, received, or was otherwise exposed to the challenged conduct before paying Defendant and acted by: [DESCRIBE THE PURCHASE, PAYMENT, OR OTHER TRANSACTIONAL DECISION].

16. As a direct and proximate result, Plaintiff suffered actual economic damage, including: [MONEY PAID / OVERCHARGE / PRICE PREMIUM / REPAIR COST / DIMINISHED VALUE / OTHER ECONOMIC LOSS].

17. Plaintiff discovered the conduct on [DATE]. This damages action is filed within three years after the cause of action accrued as required by 815 ILCS 505/10a(e), subject to any applicable tolling alleged here: [STATE FACTS OR DELETE].

4. SPECIAL MOTOR-VEHICLE NOTICE, IF APPLICABLE

18. The special 30-day notice rule in 815 ILCS 505/10a(h):

☐ Does not apply because Defendant is not a covered dealer or contract holder.

☐ Applies. At least 30 days before filing, Plaintiff served Defendant with written notice of the nature of the alleged violation and a demand for relief. Plaintiff certifies that notice was served on [DATE] by [METHOD] and Defendant responded as follows: [STATE THE SUBSTANCE OF THE RESPONSE OR “NO RESPONSE”]. A copy is attached as Exhibit [____].

5. COUNT I

Illinois Consumer Fraud and Deceptive Business Practices Act — 815 ILCS 505/1 et seq.

19. Plaintiff incorporates paragraphs 1 through 18.

20. Defendant engaged in an unfair or deceptive act or practice in violation of 815 ILCS 505/2 by using one or more of the following in trade or commerce:

☐ Deception or fraud.

☐ A false pretense, false promise, or misrepresentation.

☐ Concealment, suppression, or omission of a material fact with intent that others rely on it.

☐ A practice described in section 2 of the Uniform Deceptive Trade Practices Act.

☐ Other unfair conduct, specifically: [STATE FACTS AND THE GOVERNING UNFAIRNESS STANDARD].

21. Defendant intended that Plaintiff rely on the challenged conduct, and the conduct occurred in trade or commerce.

22. Plaintiff suffered the actual economic damage described above as a direct and proximate result of Defendant’s violation.

23. Under 815 ILCS 505/10a(a), Plaintiff seeks actual economic damages and any other relief the Court deems proper.

24. Under 815 ILCS 505/10a(c), Plaintiff seeks appropriate injunctive relief and reasonable attorney’s fees and costs. The statute authorizes a discretionary fee-and-cost award to the prevailing party; it does not create an automatic award.

25. Plaintiff seeks punitive damages only if the pleaded and proven facts satisfy the governing standard and the Court determines that relief is proper under 815 ILCS 505/10a(a). Plaintiff does not seek statutory treble damages because § 10a contains no general treble-damages remedy.

26. If Defendant is a new-vehicle dealer, used-vehicle dealer, or covered holder of a motor-vehicle retail installment contract, Plaintiff will establish every additional public-injury and punitive-damages requirement stated in 815 ILCS 505/10a(a).

6. ATTORNEY GENERAL MAILING REQUIREMENT

27. Upon commencement of this action, Plaintiff will mail a copy of this Complaint or other initial pleading to the Illinois Attorney General as required by 815 ILCS 505/10a(d).

28. Upon entry of any judgment or order in this action, Plaintiff will mail a copy of that judgment or order to the Illinois Attorney General as required by 815 ILCS 505/10a(d).

7. PRAYER FOR RELIEF

Plaintiff requests judgment against Defendant as follows:

1. Actual economic damages under 815 ILCS 505/10a(a) in an amount proved at trial;

2. Rescission, restitution, or other proper relief to the extent authorized and supported by the facts;

3. Temporary, preliminary, or permanent injunctive relief where appropriate under 815 ILCS 505/10a(c);

4. Punitive damages only if authorized by 815 ILCS 505/10a(a) and supported by pleaded and proven facts;

5. Reasonable attorney’s fees and costs as the Court may award under 815 ILCS 505/10a(c);

6. Pre- and postjudgment interest as allowed by law; and

7. Any other relief the Court deems proper.

8. JURY DEMAND

Plaintiff demands a jury trial on all issues for which the right is available under article I, section 13 of the Illinois Constitution.

9. SIGNATURE

Dated: [__/__/____]

Respectfully submitted,

________________________________
[ATTORNEY OR SELF-REPRESENTED PLAINTIFF NAME]
[ARDC NUMBER, IF APPLICABLE]
[LAW FIRM, IF APPLICABLE]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Plaintiff / Plaintiff, self-represented

10. EXHIBIT AND FILING CHECKLIST

☐ Advertisement, representation, label, invoice, contract, or price display

☐ Receipt, payment record, or other proof of transaction

☐ Documents supporting actual economic damage

☐ Special § 10a(h) dealer/contract-holder notice and response, if applicable

☐ Copy of filed initial pleading mailed to the Illinois Attorney General under § 10a(d)

☐ Local civil cover sheet, summons, appearance, jury-demand fee, and e-filing requirements checked

☐ Calendar set to mail any judgment or order to the Illinois Attorney General under § 10a(d)

SOURCES AND REFERENCES

• Illinois General Assembly — 815 ILCS 505/1
• Illinois General Assembly — 815 ILCS 505/2
• Illinois General Assembly — 815 ILCS 505/10a
• Illinois General Assembly — 735 ILCS 5/2-101
• Illinois General Assembly — 735 ILCS 5/2-102
• Illinois Legislative Reference Bureau — Constitution of the State of Illinois
• Illinois Courts — Supreme Court Rule 137
• Illinois Courts — Robinson v. Toyota Motor Credit Corp., 201 Ill. 2d 403 (2002)