Illinois General Assembly - Full Text of SB0227
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Full Text of SB0227  102nd General Assembly

SB0227eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0227 EngrossedLRB102 02592 KTG 12595 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 10a as follows:
 
6    (815 ILCS 505/10a)  (from Ch. 121 1/2, par. 270a)
7    Sec. 10a. Action for actual damages.
8    (a) Any person who suffers actual damage as a result of a
9violation of this Act committed by any other person may bring
10an action against such person. The court, in its discretion
11may award actual economic damages or any other relief which
12the court deems proper; provided, however, that no award of
13punitive damages may be assessed under this Section against a
14party defendant who is a new vehicle dealer or used vehicle
15dealer within the meaning of Chapter 5 of the Illinois Vehicle
16Code or who is the holder of a retail installment contract
17within the meaning of Section 2.12 of the Motor Vehicle Retail
18Installment Sales Act, unless the conduct engaged in was
19willful or intentional and done with evil motive or reckless
20indifference to the rights of others. Proof of a public
21injury, a pattern, or an effect on consumers and the public
22interest generally shall be required in order to state a cause
23of action under this Section against a party defendant who is a

 

 

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1new vehicle dealer or used vehicle dealer within the meaning
2of Chapter 5 of the Illinois Vehicle Code or who is the holder
3of a retail installment contract within the meaning of Section
42.12 of the Motor Vehicle Retail Installment Sales Act. Proof
5of such public injury may be shown by any one of the following
6factors:
7        (1) Violation of a statute that has a public interest
8    impact.
9        (2) Repeated acts prior to the act involving the
10    plaintiff.
11        (3) Potential for repetition.
12    (b) Such action may be commenced in the county in which the
13person against whom it is brought resides, has his principal
14place of business, or is doing business, or in the county where
15the transaction or any substantial portion thereof occurred.
16    (c) Except as provided in subsections (f), (g), and (h) of
17this Section, in any action brought by a person under this
18Section, the Court may grant injunctive relief where
19appropriate and may award, in addition to the relief provided
20in this Section, reasonable attorney's fees and costs to the
21prevailing party.
22    (d) Upon commencement of any action brought under this
23Section the plaintiff shall mail a copy of the complaint or
24other initial pleading to the Attorney General and, upon entry
25of any judgment or order in the action, shall mail a copy of
26such judgment or order to the Attorney General.

 

 

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1    (e) Any action for damages under this Section shall be
2forever barred unless commenced within 3 years after the cause
3of action accrued; provided that, whenever any action is
4brought by the Attorney General or a State's Attorney for a
5violation of this Act, the running of the foregoing statute of
6limitations, with respect to every private right of action for
7damages which is based in whole or in part on any matter
8complained of in said action by the Attorney General or
9State's Attorney, shall be suspended during the pendency
10thereof, and for one year thereafter.
11    (f) At any time more than 30 days before the commencement
12of trial, a party, who is a new vehicle dealer or used vehicle
13dealer within the meaning of Chapter 5 of the Illinois Vehicle
14Code or who is the holder of a retail installment contract
15within the meaning of Section 2.12 of the Motor Vehicle Retail
16Installment Sales Act and who is defending a claim under this
17Act, may serve upon the party seeking relief under this Act an
18offer to allow judgment to be taken against the defending
19party to the effect specified in the offer with costs then
20accrued. If within 10 days after service of the offer, the
21offeree serves written notice that the offer is accepted,
22either party may then file the offer and notice of acceptance
23together with proof of service of the notice; the court shall
24then enter judgment. An offer not accepted shall be deemed
25withdrawn and evidence of the offer is not admissible except
26in a proceeding to determine costs. When a party seeking

 

 

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1relief under this Act does not accept an offer filed with the
2clerk and served upon the attorney for that party more than 30
3days before the commencement of trial and when that party
4fails to obtain a judgment in an amount more than the total
5offer of settlement, that party shall forfeit and the court
6may not award any compensation for attorney's fees and costs
7incurred after the date of the offer.
8    (g) At any time more than 30 days before the commencement
9of trial, a party who is seeking relief under this Act from a
10new vehicle dealer or used vehicle dealer within the meaning
11of Chapter 5 of the Illinois Vehicle Code or from the holder of
12a retail installment contract within the meaning of Section
132.12 of the Motor Vehicle Retail Installment Sales Act may
14serve the dealer or holder an offer to allow judgment to be
15taken against the dealer or holder to the effect specified in
16the offer with costs then accrued. If within 10 days after
17service of the offer, the offeree serves written notice that
18the offer is accepted, either party may then file the offer and
19notice of acceptance together with proof of service of the
20notice; the court shall then enter judgment. An offer not
21accepted shall be deemed withdrawn and evidence of the offer
22is not admissible except in a proceeding to determine costs.
23When a dealer or holder does not accept an offer filed with the
24clerk and served upon the attorney for the dealer or holder
25more than 30 days before the commencement of trial and if the
26party seeking relief against a dealer or holder obtains a

 

 

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1judgment in an amount equal to or in excess of the offer
2amount, the party seeking relief shall be paid interest on the
3offer amount at the rate as provided in Section 2-1303 of the
4Code of Civil Procedure from the date of the offer until the
5judgment is paid.
6    (h) At least 30 days prior to the filing of an action under
7this Section, a party who is seeking relief shall serve a
8written notice of the nature of the alleged violation and
9demand for relief upon the prospective party, who is a new
10vehicle dealer or used vehicle dealer within the meaning of
11Chapter 5 of the Illinois Vehicle Code or who is the holder of
12a retail installment contract within the meaning of Section
132.12 of the Motor Vehicle Retail Installment Sales Act,
14against whom such action will be commenced. Any person
15receiving such a demand for relief may, within 30 days of
16service of the demand for relief, submit a written offer of
17settlement, which offer is to be exclusive of attorney's fees,
18to the party serving the notice and demand. The party who is
19seeking relief must certify in any cause of action that the
20notice and demand was served upon the named defendants and the
21substance of their response, if any. If the offer of
22settlement is rejected in writing by the party who is seeking
23relief, then, in any subsequent action, the court shall deny
24any award of attorney's fees and costs requested by the party
25seeking relief under this Act incurred after the rejection of
26the written offer of settlement, if the judgment is less than

 

 

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1the amount contained within the offer of settlement. All
2written offers of settlement under this subsection shall be
3presumed to be offered without prejudice in compromise of a
4disputed matter.
5    (i) No action can be brought under this Section against a
6person as a result of an over collection of any tax by such
7person to the extent such over collected tax is remitted to a
8government entity or agency. For purposes of this Section, a
9tax is remitted to a governmental entity or agency when it is
10paid or transferred to the government entity or agency, or
11taken as a credit, allowance, or offset on a tax return or
12other tax form (including any amount of commission or discount
13taken by or allowed to a tax collector or taxpayer). This
14subsection applies in addition to any other defense to an
15action under this Act that may apply.
16(Source: P.A. 91-270, eff. 1-1-00.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.