O'Reilly Auto Parts has lodged a lawsuit against the city of Chicago, alleging a city hearing officer unlawfully upheld penalties against the auto parts retailer for supposedly overcharging for advertised merchandise, even though the company claims it was never properly served with any notice of hearings and was denied the opportunity to defend itself.
The suit was filed in Cook County Circuit Court on Jan. 10.
In the complaint, O'Reilly seeks judicial review of the administrative law judge's order denying its motion to set aside default in the action brought against the retailer by the city.
According to the lawsuit, O'Reilly says a city inspector visited one of its Chicago stores and allegedly discovered seven items being sold at the store that day cost more than advertised sale prices, allegedly in violation of Chicago city ordinances. The city then moved to assess penalties against O'Reilly.
However, O'Reilly says it was never afforded the chance to defend itself against the citations and challenge the penalties, because the city never properly served the retailer with notice of the citations or hearing date. While the ordinance requires the city to notify defendants at their registered agent or at their primary place of business, the city allegedly did neither, instead allegedly mailing the notices to the company-owned store.
O'Reilly said it uncovered no evidence that any of its employees ever received the alleged notices.
Nonetheless, the lawsuit asserts a final administrative decision against O'Reilly was issued by the city's Department of Administrative Hearings on Dec. 8, 2023.
The lawsuit asks a Cook County judge to toss out that determination.
O'Reilly is represented by attorney Ava Caffirini, of the firm of Johnson & Bell, of Chicago.