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 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.
Every State has passed a Consumer Fraud Protection Act and, so has Illinois. The Illinois Consumer Fraud Protection Act allows Illinois used car consumers to fight the fraudulent companies who use deceptive business practices. Provisions in the law permit the consumer to recover triple damages and attorney’s fees and costs.
Some of the activities which violate the Illinois Consumer Fraud Acts in the United States:
- The use by any Illinois used car business of any “unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation” in connection with the sale or advertisement of an Illinois new or used car
- Willfully conceal, suppress or omit important facts about an Illinois used car
- Failure to provide an exact copy of a contract to the Illinois used car consumers
- A towing or an auto storage company charging excessive or discriminatory rates for the Illinois used or new car
- An Illinois used car dealer’s failing to disclose a known defect in the vehicle
- A used car dealer’s misrepresentation in the sale of the Illinois used car
- An Illinois used car dealer’s failure to provide a state required warranty
- A used car dealer’s failure to re-purchase a vehicle after unsuccessful attempts to repair it
- Advertising an Illinois used car for sale without the store being able to honor the sales quantity or price
- Used car dealers baiting an Illinois car consumer into purchasing or leasing but switching the deal to an Illinois car, he does not afford
The Illinois Lemon Law and the Illinois Consumer Fraud Act
Fraudulent Illinois used car dealers may sell you damaged cars and this deceptive practice is rampant in the automotive industry. The most common two deceptions are the odometer is rolled back in the vehicle or an Illinois used car is given a temporary cosmetic face-lift to make it merchantable.
The Illinois Lemon law and the Illinois Consumer Fraud Act provide protection for consumers who purchase or lease cars which cannot be fixed or cannot be fixed quickly. According to these laws, if the Illinois new or used car is subjected to at least three unsuccessful repair attempts during warranty period and the problem hampers the use and decreases the value or safety of the car, the consumer can file a suit.
The Illinois Consumer Fraud Act covers most transaction sales and leases to an Illinois consumer but does not apply to products or services purchased with the intent of re-sale. If a business violates the consumer protection laws, the consumer is entitled to damages three times the value of actual loss, his Illinois attorney’s fees and costs incurred. If a consumer is not successful in proving his loss, reasonable legal fee is still recoverable. This provision helps a consumer to retain an attorney to sue a company for a violation of the Illinois Consumer Fraud Act.
The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Illinois lemon law Attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.