The attorney contends that he could reasonably be forced to endure the loss of starpower from these matchups due to injury or other foreseeable events. A coach who, at the last minute without telling anyone, decides to send his starters (the top 5 players on a team of 13-15 players) away was so foreseeable that it was akin to bait-and-switch fraud.
Analogizing it to a steakhouse that sells a $63 porterhouse but delivers cubed steak, the Texan describes a valid form of fraud recognized in Illinois under its Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.). The suit's merits aside, the legal theory put forward does resonate in law.
It will be interesting to see what the league does since it is not named in the suit but represents a league comprised of teams that may face liability to consumers for deceptive trade practices, including failing to refund premium charges for what could be lesser quality talent without notice. Simply putting a disclaimer could help, but it would be reasonable for consumers to expect to see at least some of the stars on a team for a regular season matchup in the beginning of a season. Since the teams are from different conferences, matchups are rarer.
If consumers feel that they are being deprived of the benefit of their bargain, they should consider what their remedies may be. Illinois law protects consumers and Nair Law LLC focuses on these kinds of lawsuits. Contact us and we can discuss how Nair Law LLC can help you.