Violation of Home Repair and Remodeling Act Does Not Equate to Violation of the Consumer Fraud Act.

The article discusses the court case, Kunkel v. P.K. Dependable Construction, where plaintiff filed claim of breach of contract and warranty under the Home Repair Remodelling Act and claims under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA). The appellate court affirmed the trial court's finding of liability on the breach of contract and warranty claim by not providing the homeowner with a copy of a consumer's right brochure. The court found that it was not enough to establish a violation of the ICFA.