Consumer Fraud

Lubin Austermuehle represents consumers and businesses in prosecuting or defending consumer fraud case. We represent individual consumers who are victims of fraud. We defend businesses, including car dealers, accused of fraud as well. In consumer auto-dealer and manufacturer cases we focus on claims involving used car fraud where a car dealer or manufacturer falsely certifies a rebuilt wreck or flood vehicle as a certified used car that is like new. We also represent consumers who purchased a used car because the car dealer misrepresented the condition of the car or concealed it was a rebuilt wreck. We pursue all kinds of other consumer fraud and complex business fraud claims. We have also defended many businesses in proceedings brought by the Attorney General against them for allegedly deceptive business practices.

From Peter’s interview for the Masters of the Courtroom series on ReelLawyers.com.

Burshears v John Doe DuPage Area User Car Dealer, Circuit Court of DuPage County, Judge McKillip. 2018-2019. Client purchased a very low mileage used Flex from DuPage area used car dealer over the internet. The car dealer had purchased the Flex at auction with substantial roof damage disclosed. The Flex also had substantial hidden frame damage. The dealer refused to accept return of the Flex. We filed suit. In a few months, we obtained for our client as part of a settlement a full refund with the dealer accepting return of the Flex. Our client also received as part of the settlement all costs, and expert fees. The car dealer also paid all of our firm’s attorneys’ fees and costs.

Frrokajs v. Charlie Trotters, United States District Court Northern District of Illinois, Eastern Division, Judge Shadur. 2012-2013. Represented wine purchaser who paid over $46,000 for an allegedly counterfeit magnum size bottle of Domaine Romanee-Conti Burgundy wine. The case settled the same year we filed it on confidential terms after the Court denied the motion to dismiss for lack of federal jurisdiction. Opposing Counsel: Kaplan Papadakis & Gournis.

Twyman v. S & M Autobrokers, Inc., United States District Court Northern District of Illinois, Eastern Division, Judge Kendall. 2016-2018. Represented Plaintiff who claimed that Defendant sold him a used luxury Infinity that sports utility vehicle that was a rebuilt wreck. The case settled on confidential terms. Opposing counsel Brodsky was sanctioned by the Court $50,000 payable to the Clerk of Court in one of the largest if not the largest such award in the federal courts. Brodksy was also ordered to undergo anger management classes for making what the Court found were unhinged and defamatory attacks on our expert and Plaintiff’s counsel. Opposing Counsel: Joel Brodsky; Ryan Brown (Gordon Rees Scully Mansukhani LLP); Jame Roche (James J. Roche & Associates).

Cohen v. Ofer Mizrahi Diamonds Inc. et al, Circuit Court of Cook County, Chancery Division, Judge Synder. 2018. Represented Defendants some of the largest diamond wholesalers in the world who were falsely accused of a $1.5 million fraud by another wholesaler. After we filed a motion for sanctions, demonstrating that the claims were baseless and a $16,000,000 plus defamation suit in federal court, the case settled less than a year after the suit was filed. Defendant was a required to provide a full retraction and apology. Opposing Counsel: Mark Hammervold.

Butera v. General Motors et al., United States District Court Northern District of Illinois, Judge Coar. 2005-2006. The client purchased a certified used Cadillac Escalade SUV for $45,000 which turned out to be a rebuilt wreck with hidden frame damage. The case settled with General Motors and Dealer paying the 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 the 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. Our client bought a Corvette which the classic car dealer had promoted and advertised online as a “collector’s numbers’ matching” 1965 Corvette that was investment grade. The Corvette allegedly was not a “collector’s” car and its numbers did not match. Case settled. The client returned the Corvette. He received a full refund of $30,000 price along with $10,000 for interest and aggravation. Defendant paid all of our client’s attorney’s fees and costs. Opposing Counsel: Douglas Ziech.

Werth v. Lux Cars Chicago, American Arbitration Association. 2013. Our client bought a Cadillac. The used car dealer allegedly concealed that the Cadillac had been damaged by hail and had been declared a total loss vehicle. The case settled on confidential terms. Opposing Counsel: Edward Rothschild.

Polovyy v. Midway Autohaus, American Arbitration Association, Arbitrator Christine McTigue. 2014-2015. We obtained an arbitration award for in excess of $51,000.00 for our client against a used car dealer that sold him a Mercedes-Benz SUV but didn’t tell him the car had substantial water damage from being in a flood following a hurricane-like storm in the Northeastern United States.

Serajeddini v. A.V. Automotive, LLC, American Arbitration Association, Arbitrator Gregory Beckwith. 2015. Represented the consumer purchasers of a high-end Porsche Cayenne that allegedly was a rebuilt wreck. We achieved a settlement where our clients were able to return the car with a settlement payment 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 a Ford Certified Used car in a suit against Ford. We alleged Ford certified the vehicle as like new even though it had been severely damaged in a wreck as insurance photos we obtained proved. We alleged that the car didn’t come close to meeting the criteria for certification. Achieved a settlement of a confidential dollar sum before trial. Defense counsel: Edward Fu (Donohue Brown Mathewson & Smyth).

Schjoedt v. Luxury Automax, American Arbitration Association. 2015. Represented car purchaser in arbitration where he claimed that the used car dealer violated the Illinois Consumer Fraud Act in the sale of a Mercedes-Benz which had sustained a large amount of accident damage. The parties settled the matter. Our client returned the car and received back the full purchase price back along with all attorneys’ 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 used car as a General Motors Certified Used Vehicle even though 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. We represented the consumer an arbitration alleging that a used car dealer violated the Illinois Consumer Fraud Act. The case settled on confidential terms. Defense counsel: Ira M. Levin and Alex D. Marks (Burke, Warren, MacKay & Serritella, P.C.).

Schultz v. International Car Center, Circuit Court of DuPage, Judge Michael A. Wolfe. 2014-2015. Successfully defended car dealership in a 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 the case before trial for a fraction of the plaintiff’s alleged damages. Opposing counsel: William S. Ryan.