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You Didn't Fool Me

01 Dec 2002

A plaintiff in Champaign County filed a nationwide class action complaint against Amoco Oil Company, alleging that the defendant violated the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 (West 1996)). He asserted that the company's advertising falsely represented that the use of its premium gasoline would improve engine performance and benefit the environment, and that this advertising increased consumer demand for the premium gasoline resulting in inflated and otherwise unsustainable prices. Although he maintained in his complaint that he suffered actual damage as a result of the deceptive ads (by paying an "artificially inflated" price), he did not allege the ads induced him to buy the gasoline or that he was personally deceived by the ads. Under these circumstances, the Illinois Supreme Court upheld dismissal of his claim. Oliveira v. Amoco Oil Co., Dkt. Nos. 89497, 89511, 201 Ill.2d 134, 776 N.E.2d 151, 267 Ill.Dec. 14 (June 20, 2002).

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