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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need some answer on consumer protection law in illinois

Customer Question

hi i need some answer on consumer protection law in illinois
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum, my name is ***** ***** can I assist you today?

Customer: replied 1 year ago.
I purchased services from a school and the course was scheduled to run 3 weeks and I used one week only due to the course quality issues and im fighting to get my money back , any law section for protecting consumers in Illinois i can use use to support my case and provide the credit card company this information ? i was looking for more than (815 ILCS 505/) Consumer Fraud and Deceptive Business Practices Act. can you provide feedbacK
Customer: replied 1 year ago.
I need solid information to support my case.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Expert:  Ely replied 1 year ago.

Hello! Your previous expert has opted out and I have opted in. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Please explain "course quality issues." What was the matter? What happened? Was something promised and not delivered? What ind kind of courses were these?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Hi
Here is the situation, me and other 20 student took the course to assist us to pass the medical exam board, but the course quality was not as advertise in the school web site so I did attend the first week only and left the class. The remaining student took the class and filed complained and tried to get their money but the school is fighting all, I filed a dispute with the credit card company. but i need some legal law to protect me and get my money back? i looked 815 ILCS 505/) Consumer Fraud and Deceptive Business Practices Act. but how i can use this efficiently to support my case?
Customer: replied 1 year ago.
we requested this via emails but school refused to answer the email
Customer: replied 1 year ago.
any other information you need more?
Customer: replied 1 year ago.
I also filed a complain with the State attorney office and other students did the same
Expert:  Ely replied 1 year ago.

This helps, thank you. However, I need to know what you mean by "the course quality was not as advertise in the school web."

Please, explain...?

Customer: replied 1 year ago.
the books are wrong in the contest, instructors were not answering question correctly and not qualified to teach those course as advertise, and instructors were not available when needed , they also have copy right issues from other sources without permissions etc.
Expert:  Ely replied 1 year ago.

Thank you.

What this may be is a breach of contract, actually. Breach of contract may be minor, or material.

A minor breach is substandard performance but one that does not cancel the contract.

A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.

Is it a minor or material breach? The Court would decide based on the following subjective factors:

1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.

Someone in your situation would file a suit alleging breach of contract seeking to get all or part of the money back due to the course's non-performance as promised (performance being a good review for the test).

Technically, one can throw in the deceptive practices act, but that requires showing malicious intent. Here, it seems more like poor performance, which is a contractual doctrine matter.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
in my case since i did consume the goods and services to the full extent where is the law I'm entitle to get refund?
Expert:  Ely replied 1 year ago.

You said you only used one week, though? Please clarify.

Customer: replied 1 year ago.
I complained the first week about the course quality and left the course
Expert:  Ely replied 1 year ago.

It depends on the Judge/Jury. If they decide that the course was completely useless, one can get all the money back.

If they decide that the course was bad, but not useless, then one can possibly get some money back.

If and how much depends on the Judge/Jury (unless the parties settle prior).

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
any law reference i can use for my letter ? there is no law suit yet.
Expert:  Ely replied 1 year ago.

There is no need to use legal precedent. However if one wants to, one can mention JJ Brown Co., Inc. v. JL Simmons Co., Inc., 118 NE 2d \781 - Ill: Appellate Court 1954, wherein the Court states that material breach of contract entitles a party to "suspend" performance.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
thank you not so much I can add in my letter more than the IL statue
Expert:  Ely replied 1 year ago.

You are welcome.

I do not quite understand; did you want more citations?

Customer: replied 1 year ago.
no thanks
Expert:  Ely replied 1 year ago.

Okay. You are not going to find information about "breach of contract" in IL statute. This is a common law doctrine. So if you wish to cite anything for breach of contract, it would come out of case law. NOTE that the case I provided was from Illinois: JJ Brown Co., Inc. v. JL Simmons Co., Inc., 118 NE 2d \781 - Ill: Appellate Court 1954.

All the best.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.