Consumer Fraud

DiTommaso Lubin Austermuehle concentrates in consumer fraud cases, and are actively investigating auto-fraud, lemon law, infomercial fraud, unfair collection practices, illegal late fees, unwanted telemarketing calls, junk faxes and emails, predatory lending, as well as other types of fraud on consumers.

Butera v. General Motors et al., United States District Court Northern District of Illinois, Judge Coar. 2005-2006. Client purchased a certified used Cadillac Escalade SUV for $45,000 which turned out to be a rebuilt wreck with hidden frame damage. Case settled with General Motors and Dealer paying client $25,000 for loss in value to car and excess interest payments (which was $4,000 in excess of the loss amount determined by our expert). The remainder of the amount paid to our client was for his time and energy spent to rectify situation. Defendants also paid all of our attorneys fees and costs so that client received all his damages since our fees and costs were paid by the defendants. Opposing Counsel: Toby Schisler (Dinsmore & Shohl, LLP); John P. Palumbo (Langhenry, Gillen & Lundquist).

Browns v. Corvette Collection, Circuit Court Will County, Judge Kinney. 2006-2007. Client purchased what was advertised as a “collector’s numbers’ matching” 1965 Corvette for an investment. Car in fact was not a “collector’s” car and its numbers were not matching. Case settled. Client returned car and received full refund of $30,000 purchase price plus $10,000 in damages for lost investment opportunity and aggravation. All of our attorneys fees and costs were paid by the defendant. Opposing Counsel: Douglas Ziech.

Werth v. Lux Cars Chicago, American Arbitration Association. 2013. Client purchased a Cadillac which, unbeknownst to her, had suffered hail damage and been declared a total loss vehicle. Case settled on confidential terms. Opposing Counsel: Edward Rothschild.

Polovyy v. Midway Autohaus, American Arbitration Association, Arbitrator Christine McTigue. 2014-2015. Obtained arbitration award for clients in excess of $51,000.00. Represented buyers against dealership that sold buyers a Mercedes-Benz SUV without disclosing that vehicle had significant amount of water damage as a result of being in a flood previously in violation the Illinois Consumer Fraud Act. Arbitrator ruled in favor of buyers.

Serajeddini v. A.V. Automotive, LLC, American Arbitration Association, Arbitrator Gregory Beckwith. 2015. Represented buyers in suit against dealership in connection with purchase of Porsche Cayenne vehicle. Negotiated settlement wherein clients were able to return the vehicle to the dealership in exchange for a settlement payment by the dealership of more than $75,000.

Little v. Ford, United States District Court for the Northern District of Illinois, Judge Zagel. 2015-2016. Represented purchaser of certified used vehicle in suit against manufacturer alleging that manufacturer had certified vehicle that had previously been in an accident and did not meet the criteria for certification. Obtained settlement of a confidential amount prior to trial. Opposing counsel: Edward Fu (Donohue Brown Mathewson & Smyth).

Schjoedt v. Luxury Automax, American Arbitration Association. 2015. Represented buyer in arbitration alleging that dealer violated the Illinois Consumer Fraud Act in connection with the sale of a Mercedes-Benz vehicle with significant accident damage. Parties settled the dispute with buyer returning the vehicle and receiving the full purchase price back along with his attorney's fees and costs.

Corbly v. Bill Jacobs Joliet, LLC, American Arbitration Association, Arbitrator Katherine Kaennicke. 2014-2015. Represented buyers in arbitration against dealership alleging that dealer improperly certified vehicle as a GM Certified Used Vehicle despite the fact that the vehicle had been involved in a major accident and been branded a Total Loss vehicle and consequently did not meet the criteria for certification. Parties amicably resolved the dispute prior to the arbitration hearing. Opposing counsel: Ira M. Levin and Alex D. Marks (Burke, Warren, MacKay & Serritella, P.C.).

McCallister v. Rightway Automotive Credit, Inc., American Arbitration Association, Arbitrator Daniel P. Albers. 2015-2016. Represented buyer in arbitration alleging that dealership violated the Illinois Consumer Fraud Act in connection with the sale of a vehicle. Case settled on confidential terms. Opposing counsel: Ira M. Levin and Alex D. Marks (Burke, Warren, MacKay & Serritella, P.C.).

Casciani v. Peter's Highline Automotive II, Inc., Circuit Court of Cook County, Judge Diane J. Larsen. 2013-2014. Represented purchaser in action alleging violation of the Illinois Consumer Fraud Act in connection with purchase of a truck. Case settled on confidential terms.

Schultz v. International Car Center, Circuit Court of DuPage, Judge Michael A. Wolfe. 2014-2015. Successfully defended car dealership in lawsuit alleging violation of the Illinois Consumer Fraud Act, breach of warranty, and fraudulent misrepresentation in connection with the sale of a used vehicle. Obtained dismissal with prejudice of two of plaintiff's three claims and ultimately settled case before trial for a fraction of plaintiff's alleged damages. Opposing counsel: William S. Ryan.