Jones v. William Buick, Inc.

The Illinois Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/2C (West 1996)) mandates that a prospective merchandise purchaser seeking credit approval from the seller must receive a complete refund of any down payment made if her credit application is rejected. The Act, however, does not dictate a period within which this refund must occur.

In the instant appeal, the parties dispute whether an automobile dealer’s delay of approximately three weeks in issuing a refund raises a sufficient inference of improper conduct under the Act and under common law fraud principles to…