On June 25, 2025, the Circuit Court of Cook County granted our client’s motion and struck the plaintiff’s class allegations from his complaint.
The plaintiff was an unhappy would-be customer of our client, a national auto dealership. He filed a lawsuit and a motion for class certification alleging our client had violated the Illinois Consumer Fraud Act by refusing to sell vehicles for the price they were advertised for on its website.
Early in the case, TDR successfully persuaded the court to bifurcate discovery so that the plaintiff would not be allowed to proceed with broad class discovery and was limited to discovery into the named plaintiff’s individual claim. That discovery showed that the plaintiff’s claim hinged on conversations he had at the dealership with sales representatives and whether those employees or the plaintiff were more credible.
In a thorough and well-reasoned opinion, the court agreed with our client that the plaintiff’s experience was vastly different from many of the purported class members he sought to represent. The court also agreed with our client that each purported class member would need to testify about their oral communications with the dealership. Because the plaintiff could not possibly meet the predominance requirement for class certification, the court struck the class allegations without the need for class discovery.
Based on this extremely favorable outcome for our client, the parties quickly resolved the named plaintiff’s individual claim for nuisance value.
TDR attorneys Michael Grant and Megan Ryan obtained this result on behalf of our client.