Illinois Consumer Fraud and Deceptive Business Practices Act

Leszanczuk v. Carrington Mortgage Services, LLC, No. 21-1367 (December 28, 2021) N.D. Ill., E. Div. Affirmed
Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s claim that defendant breached mortgage agreement and violated Illinois Consumer Fraud and Deceptive Business Practices Act (Act) by charging plaintiff $20 for visual, drive-by inspection of her residence, after plaintiff had defaulted on her mortgage loan. While plaintiff asserted that said fee was improper under mortgage contract because defendant knew or should have known that she already had occupied her property that was subject of said mortgage, and that said fee had violated HUD regulations, plaintiff failed to allege that parties intended to incorporate HUD regulations into mortgage agreement. Moreover, mortgage agreement expressly allowed lender to charge inspection fee as necessary expenditure to protect value of property after plaintiff’s default. With respect to plaintiff’s claim under Act, plaintiff failed to allege that inspection fee offended public policy, was oppressive or caused her substantial injury.