103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3314
 
Introduced 2/17/2023, by Rep. Will Guzzardi
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Consumer Reciprocal Attorney's Fees Act. Defines "consumer contract" as any contract in which the money, property, or service that is the subject of the transaction is primarily for personal, family, or household purposes. Provides that if a consumer contract allows for the recovery of attorney's fees in an action brought to enforce the contract, the court may award reasonable attorney's fees to the defendant if the defendant prevails in the action. Provides that the Act applies to any action filed on or after the effective date of the Act where the amount claimed does not exceed the maximum amount of a judgment allowable for a small claim under the Illinois Supreme Court Rules, but does not apply if the plaintiff does not request attorney's fees in the complaint or if each party to the consumer contract was represented by counsel in the negotiation of the contract. Provides that nothing in the Act shall be construed to apply to or limit the rights of any party to attorney's fees under any other contract or other provisions of State law.
  


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A BILL FOR
 

  
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1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the 
5Consumer Reciprocal Attorney's Fees Act.
 
6    Section 5. Consumer contract defined. For purposes of this 
7Act, "consumer contract" means any contract in which the 
8money, property, or service that is the subject of the 
9transaction is primarily for personal, family, or household 
10purposes.
 
11    Section 10. Attorney's fees. If a consumer contract allows 
12for the recovery of attorney's fees in an action brought to 
13enforce the contract, the court may award reasonable 
14attorney's fees to the defendant if the defendant prevails in 
15the action.
 
16    Section 15. Applicability. 
17    (a) This Act applies to any action filed on or after the 
18effective date of this Act where the amount claimed does not 
19exceed the maximum amount of a judgment allowable for a small 
20claim under the Illinois Supreme Court Rules.
21    (b) This Act does not apply if the plaintiff does not 
 
 
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1request attorney's fees in the complaint or if each party to 
2the consumer contract was represented by counsel in the 
3negotiation of the contract.
 
4    Section 20. Right to attorney's fees not limited. Nothing 
5in this Act shall be construed to apply to or limit the rights 
6of any party to attorney's fees under any other contract or 
7other provisions of State law.