Chicago Male Medical Clinic (CMMC) brought suit against Ultimate Management, Inc. (UMI), a company that licenses and oversees a national affiliation of medical clinics, alleging, among many counts, that UMI had fraudulently induced CMMC’s investment and had violated the Illinois Franchise Disclosure Act, the Illinois Consumer Fraud & Deceptive Business Practices Act, as well as common law fraud and breach of contract. In Chicago Male Medical Clinic, LLC v. Ultimate Management, Inc., 2012 U.S. Dist. LEXIS 183257 (N.D. Ill. Dec. 28, 2012), the court addressed several motions, including UMI’s request to dismiss all fraud claims (including under the franchise disclosure act).
The court granted UMI’s motion to dismiss the fraud counts brought under common law and the IFDA, stating that the mere assertion that the business investment was obtained “through lies and deception” did not meet the heightened pleading requirement for fraud under Rule 9(b) of the Federal Rules of Civil Procedure. As for the claim that CMMC had violated the consumer fraud act, UMI argued that CMMC had failed to establish standing because a business only has standing to sue if it alleges that the misconduct was directed at the market in general. However, CMMC argued that it had standing as a “consumer.” A consumer, as defined by the consumer fraud act, purchases merchandise (including intangible rights) for personal use. The court found that franchise services could not be used for personal use and held that CMMC’s claim fell outside of the consumer fraud act.
- Partner
Maisa Frank represents clients in a variety of litigation matters. Whether conducting pre-dispute investigations, navigating litigation, or negotiating resolutions, Maisa’s advice and strategy is vital to clients facing ...
The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.
About this Publication
The Franchise Memorandum is a collection of postings on summaries of recent legal developments of interest to franchisors brought to you by Lathrop GPM LLP.
To subscribe to monthly emails for The Franchise Memorandum, please click here.