Consequences of Not Providing Consumer Rights Pamphlet by Contractor
In Smith v. Bogard, 377 Ill. App. 3d 842, 848, 879 N.E.2d 543, 548, 316 Ill. Dec. 476 (2007), a contractor provided homeowners with an oral estimate of "$ 20,000 or less" for a room addition but did not provide a written contract or a consumer rights pamphlet.
The homeowners filed a motion to dismiss the contractor's breach of contract action against them, claiming that the contractor was precluded from recovery.
The trial court agreed, and the appellate court affirmed the trial court's decision, stating:
"We find the Act applies to Smith, that Smith violated several provisions of the Act, and those violations support the dismissal of his breach-of-contract claim." Bogard, 377 Ill. App. 3d at 847-48, 879 N.E.2d at 548.