Kosydor v. Am. Express Centurion Servs. Corp.

WELCH

ILLINOIS OFFICIAL REPORTS Appellate Court

Held (Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Plaintiff's complaint against a credit card company and the company's attorneys alleging a violation of the Consumer Fraud and Deceptive Business Practices Act was properly dismissed, since the claim against the company was barred by the res judicata effect of a prior judgment that prevented plaintiff from raising a defense that should have been presented in the earlier action and the Act did not apply to attorneys representing a client.

Decision Under Review

Appeal from the Circuit Court of Union County, No. 10-L-25; the Hon. Mark M. Boie, Judge, presiding.
Darrell Dunham, of Darrell Dunham & Associates, of Carbondale, and Timothy E. Daniels, of 51 Place Law Offices, of Elkville, for appellant.
Stephen R. Swofford, David M. Schultz, and Timothy G. Shelton, all of Hinshaw & Culbertson LLP, of Chicago, for appellees.

Judgment Affirmed. Counsel on Appeal Panel

JUSTICE WELCH delivered the judgment of the court, with opinion.

Justices Chapman and Wexstten concurred in the judgment and opinion.

OPINION