Krohn & Moss, Ltd. Consumer Law Center

Under the Illinois Consumer Fraud and Deceptive Business Practices Act, an automobile dealer may not misrepresent or omit facts that are “material” to the transaction. A fact is considered “material” if it would cause you to act differently had you been aware of the fact at the time of your purchase. In other words, if the dealer misled you about something that was important to you, such as whether the vehicle has ever been in an accident, then you have rights under Illinois law to bring a claim against the dealer for money damages, which may include what you paid for the vehicle, punitive damages under appropriate circumstances, and attorneys’ fees.

You must provide the manufacturer, through its dealers, with a “reasonable number of attempts” to repair a defect or non-conformity in the vehicle. Per the Illinois Lemon Law a “reasonable number of attempts” means that you have provided the dealer with at least four (4) times to fix your vehicle or the vehicle was out of service for thirty (30) days. However, federal law has more liberal requirements to pursue a claim. Under federal law, two (2) or three (3) times may be sufficient to pursue a lemon law claim under appropriate circumstances. If you meet this criteria you may qualify for a refund, replacement vehicle or money damages plus the payment of your attorneys’ fees.

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The United States Congress and legislatures across the nation have enacted laws to protect purchasers of consumer products, i.e., products that are normally used for personal or household purposes. Consumer laws across the country, therefore, cover such products as cars, trucks, SUVs, and household appliances should the consumer product fail to operate as intended and the product cannot be repaired after you have provided the manufacturer or warrantor of the product with a reasonable opportunity to do so. Consumer laws across the country also protect consumers from misrepresentations made by the sellers of consumer products. Finally, most consumer laws allow the consumer to retain an attorney where the consumer may seek their attorneys’ fees from the manufacturer or seller of the product.

Your rights under a repossession are governed, in part, by the retail installment contract (financing agreement) you signed when you purchased the vehicle. This financing agreement likely speaks to the lender’s right to repossess your vehicle for non-payment. Whether the agreement speaks to the manner in which your vehicle may be repossessed or not, if the lender was negligent and damaged your other property during the repossession then you may be entitled to damages.