The Illinois Consumer Fraud Act (ICFA) to Protect you Against Misrepresentation

The Consumer Federation of America (CFA), the National Association of Consumer Agency Administrators (NACAA), and the North American Consumer Protection Investigators (NACPI) collectively looked at more than a half million complaints in 18 different states, in a 2010 complaint survey conducted by them. Auto-related complaints were quoted as the top issue by consumers and consumer protection agencies for the second year in a row, in this 2010 complaint survey conducted by these three government agencies. These auto-related complaints include misrepresentations in advertising or sales of new and used cars, lemon buy backs and used cars with faulty repairs. These auto-related complaints also include misrepresentations regarding the leasing and towing disputes of the used cars.

The Illinois Consumer Fraud Act (ICFA) is a potential weapon against misrepresentation, concealment and unfair or deceptive practices for an Illinois car consumer to take advantage of.

According to the ICFA the following conduct is unlawful by an Illinois car dealer:rnUnfair methods of competitionrnUnfair or deceptive acts or practices during an Illinois car dealrnUse or employment of any deception, fraud, false pretense, or false promise in an Illinois car dealrnMisrepresentation or concealment and suppression or omission of any material fact about an Illinois car

According to the ICFA, an Illinois new or used car consumer needs to establish:rnA deceptive act or practice by an Illinois new or used car dealerrnThe Illinois new or used car dealer's intent that he rely on the statementrnThe deception occurred in the course of conduct involving trade or an Illinois new or used car dealrnActual damage to the Illinois new or used car consumerrnThe damages were proximately caused by the Illinois new or used car dealer's deception

An Illinois car consumer does not have to prove that he actually relied on the deception or that the Illinois car consumer had checked the accuracy of the misstatements. Even an innocent misrepresentation by an Illinois new or used car dealer may be actionable under the ICFA. However, the misrepresentation or misstatement by the Illinois new or used car dealer must be of a material fact.

An omission or concealment of a material fact in the conduct of an Illinois new or used car deal constitutes consumer fraud because, a buyer would act differently if he has the information of the material fact of the Illinois new or used car. This information would help the Illinois new or used car buyer in making a decision whether to purchase the said Illinois car. The ICFA also prohibits trade practices in Illinois new or used car deals which are unfair and deceptive. If such conduct is found to be unfair, proof or allegation of deception is not mandatory on part of the Illinois new or used car consumer.

Some of the issues which may help determine if an Illinois new or used car dealer's conduct is unfair are as the following: rnThe practice has offended public policyrnThe conduct is immoral, unethical, oppressive or unscrupulousrnThe conduct has caused substantial injury to Illinois new or used car consumersrnA prevailing Illinois new or used car consumer may be awarded damages, injunctive relief, punitive damages, reasonable attorney fees, costs and any other relief the Court deems fit. rnThe Illinois new or used car consumer should bear in mind that an ICFA lawsuit must be brought within three years after the cause of action accrued. Sometimes an action for fraudulent concealment may be brought within five years of the discovery of the cause of action.