Category: Business Law
New Northern District of Illinois Ruling May Increase Awards in Debt Collection Cases
Section 1692k of the Fair Debt Collection Practices Act (the “FDCPA”) allows for an award of damages in successful class actions against debt collectors found to have violated the FDCPA above and beyond the customary individual and statutory damages awards for such violations. Under this section, the additional damage awards are not to exceed the
ILLINOIS COURTS DETERMINE THE DIFFERENCE BETWEEN “PAY-WHEN-PAID” AND “PAY-IF-PAID” CONTRACTUAL LANGUAGE
In 2006, Lake County Grading Co. was contracted by FCL Investors, Inc. (“FCL”), to excavate and install a sewer line for a development in Northbrook, Illinois. FCL was previously hired by Northshore Center THC to be the general contractor for the development after taking out a mortgage to develop the property. After submitting and receiving
ILLINOIS APPELLATE COURT CLARIFIES THE MINIMUM CONTACTS REQUIRED TO COLLECT STATE SALES TAX
Out of state companies can sometimes be exposed to liability for failing to collect sales tax on internet and catalog sales to Illinois residents. A recent Illinois appellate decision, The People ex rel. Beeler, Schad and Diamond, P.C., v Relax the Back Corp., 2016 IL App (1st) 151580, sheds light on what type of connections
The New Wave of Minimum Wage Laws in Cook County
On October 26, 2016, the Cook County Board of Commissioners passed an ordinance increasing the minimum wage in suburban Cook County. It is a tiered increase that will begin on July 1, 2017, and will increase by a dollar each year until 2020. After 2020, the increases will adjust with the rate of inflation. Thus,
Are Daily Fantasy Sports Legal in Illinois?
With the cool breeze of fall comes pumpkin spice lattes, scarves, and, of course, football. Like all sports, football also brings gambling. However, the rise of internet gambling and fantasy leagues has spawned a new twist to sports betting: daily fantasy sports. Federal law and several state laws currently exempt season-long fantasy sports games that
Updated: Final Overtime Rule from the U.S. Department of Labor
The new overtime rule from the United States Department of Labor takes effect on December 1, 2016. This new rule will affect businesses of every size across the country. The new rule roughly doubles what minimum salaried employees can earn before they are classified as exempt from receiving overtime pay for working more than 40
Failure To Inform Insured Of A Change In Policy Coverage Results In Expanded Liability For An Insurance Company
One of the most basic and powerful tools available for every party to a lawsuit is found under Illinois Supreme Court Rule 213. Simply known as “Interrogatories,” these questions provide a party with the tools to ask questions to the adverse party which must be answered truthfully and fully, outside of any objections. These questions
Apparent Agency and the Illinois Wage Payment and Collection Act
Many companies in Illinois attempt to limit their exposure to liability through the use of independent contractors or subcontractors. However, the theory of “apparent agency” has long been recognized in Illinois law as a way to extend liability to the principals for the actions of these contractors. Although the doctrine of apparent agency has a
Where Can Your LLC Be Sued?
In order for a federal court to have jurisdiction over a lawsuit, there are several requirements that must be met. Failing to establish these requirements leaves a lawsuit open to an easy dismissal. Unless the cause of action is brought under a federal statute, the amount in controversy in the lawsuit must be more than
“I Agree” – Is It Binding?
Most people have never read the entirety of the terms and conditions of the iTunes end-user license agreement, or any other similar online agreement. Yet almost all of us have clicked on “I agree” and moved on, despite never having read what we are agreeing to. This risky move just became a little less risky.