IDC Files Amicus Brief on Whether Damages May Be Awarded for "Aggravation and Inconvenience"

On May 18, 2026, the IDC filed an amicus curiae in Wilson v. Napleton’s Goldcoast Imports, Inc., which is currently pending before the Illinois Supreme Court. In that case, the circuit court awarded the plaintiff money damages for “aggravation and inconvenience” under the Illinois Consumer Fraud Act. That award was affirmed by the Appellate Court and is now challenged by the defendant in the Illinois Supreme Court. The IDC argued that the Consumer Fraud Act does not authorize awards of money damages for mere “aggravation and inconvenience.” This is an important issue to the defense bar because, if the circuit court’s judgment is affirmed, plaintiffs in all Consumer Fraud Act lawsuits will likely seek damages for “aggravation and inconvenience” in addition to any actual damages they claim to have suffered.

The IDC was represented by John Fitzgerald of Tabet DiVito & Rothstein LLC.