Moskowitz v. Washington Mutual Bank, FA

State: Illinois

Court: 1st District Appellate

Docket No: 1-01-2982 Rel

Case Date: 03/29/2002

SIXTH DIVISION
March 29, 2002

No. 1-01-2982

MARCIA NOSKOWITZ, Indiv. and
On Behalf of All Others Similarly Situated,

Plaintiff-Appellant,

WASHINGTON MUTUAL BANK, FA.,

Defendant-Appellee.

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Appeal from the
Circuit Court of
Cook County.

No. 01 CH 2746

Honorable
John K. Madden,
Judge Presiding.

JUSTICE O'BRIEN delivered the opinion of the court:

Plaintiff, Marcia Moskowitz, appeals an order of the circuit court granting defendant's,Washington Mutual Bank's, section 2-619 ( of the Illinois Code of Civil Procedure) motion to dismissher class-action complaint on the ground that federal law preempts her state law claims. In hercomplaint, plaintiff alleged that: (1) defendant's pattern and practice of charging consumers anundisclosed fee as a prerequisite to releasing their mortgages violates the Illinois Consumer Fraud andDeceptive Business Practices Act (Illinois Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 2000));and (2) defendant's charging of the fee constitutes a breach of contract. On appeal, plaintiff contendsthat the trial court erred in granting defendant's motion because the federal regulations pursuant to theHome Owners' Loan Act of 1933 (HOLA) (12 U.S.C.