How Can I Defend Against a Consumer Fraud Charge?

 Posted on August 15, 2024 in Criminal Defense

Being charged with consumer fraud can be a frightening experience. Not only is it a criminal charge that carries serious penalties, but it can ruin the reputation of a business. Understanding the different defenses for a consumer fraud accusation is an important start toward protecting your business and your rights. If you are facing a consumer fraud charge, hire an experienced Illinois consumer fraud defense attorney to manage your defense.

What Is Consumer Fraud?

Consumer fraud means acting deceptively or unfairly toward consumers in the course of business. The Illinois Deceptive Practices and Consumer Fraud Act forbids individuals and companies from engaging in fraudulent activity that can harm consumers, such as making misleading statements about products or charging illegal fees.

The law against consumer fraud covers a wide range of practices. For example:

• False advertising: A company might make claims about its weight loss product that have not been substantiated by trials or science.
• Subscription services: A business may entice consumers to sign up for a product or service without clearly notifying them that it is a subscription. The company then continues to regularly bill the customers’ credit cards.
• Bait-and-switch: A business may use a bait-and-switch strategy by first advertising a product at a very low cost. When people inquire with interest, the company tells them the product has sold out and tries to convince them to purchase a more expensive item.
• Counterfeit products: Some individuals or businesses may sell counterfeit luxury items such as watches and handbags. Although they are knockoffs, they are marketed as authentic designer merchandise.
• Warranty fraud: A company may sell a warranty to a customer who purchased a product but then refuse to honor the warranty when the product breaks down.
• Car sales: A practice that gave second-hand car salesmen a bad name, this involves misrepresenting vehicles to customers. For example, a seller might falsely present a car as having an accident-free record.

What Are the Penalties for Consumer Fraud?

Someone who is convicted of consumer fraud under the Illinois Deceptive Practices and Consumer Fraud Act is guilty of a Class A misdemeanor, which carries up to a year in jail and a fine of up to $2,500. Any subsequent offenses, if committed within five years of the first, will be treated as a Class 3 felony which carries a prison sentence of two to five years in prison and a fine of up to $25,000.

Keep in mind, however, that a consumer fraud offense also exposes a business to lawsuits that can exact heavy punitive damages.

What Are Some Legal Defenses Against Consumer Fraud?

There are several legal defenses against the charge of consumer fraud, beginning with a lack of intent. To secure a conviction, the prosecution must prove that the defendant had intent to defraud. If there is no evidence of intent, the charge may be dismissed.

Other possible defenses include:

• Challenging the evidence as false or unreliable
• Proving that the defendant acted in good faith and communicated its terms and conditions to the customer
• Showing that the defendant made an honest mistake based on available information

Contact a Chicago, IL Consumer Fraud Defense Lawyer

The best way to defend yourself and your business against a consumer fraud charge is to hire a Cook County, IL consumer fraud defense attorney. At Luisi Legal Group, Vincent Luisi has developed a reputation as a fierce criminal defense litigator who will fight aggressively to protect your rights. Call 773-276-5541 to schedule a free consultation today.