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Villasenor v. American Signature, Inc., No. 06-5493, 2008 WL 904888 (N.D. Ill. Mar. 31, 2008); Villasenor v. American Signature, Inc., No. 06-5493, 2007 WL 2025739 (N.D. Ill. July 9, 2007)

In this case, the court rejected the plaintiff’s claim that the defendant retailer misled the plaintiff with regard to the terms of a purchase he made with a private-label credit card.  The plaintiff had alleged that, in violation of the Illinois Consumer Fraud Act, the defendant retailer failed to disclose that the plaintiff was allegedly paying more for buying with credit than he would have paid if he paid with cash.  As VBLH&C pointed out, however, before charging the purchase, the plaintiff had signed a receipt disclosing the terms of the purchase.  Thus, the plaintiff had failed to allege he was actually deceived.  And, in all events, the plaintiff’s claim was barred by the voluntary payment doctrine.  The court granted the defendant retailer’s motion to dismiss.
 
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