Illinois General Assembly - Full Text of SB2888
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Full Text of SB2888  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/24/2024, by Sen. Jil Tracy


735 ILCS 5/2-801  from Ch. 110, par. 2-801
735 ILCS 5/2-802  from Ch. 110, par. 2-802
735 ILCS 5/2-803  from Ch. 110, par. 2-803
735 ILCS 5/2-808 new
735 ILCS 5/2-809 new
735 ILCS 5/2-810 new

    Amends provisions of the Code of Civil Procedure pertaining to class actions. Adds additional requirements concerning: prerequisites to the maintenance of a class action (including provisions that a class action may be certified only if: the plurality of the class members are residents of Illinois or if the plurality of the class members were physically in Illinois when the cause of action arose; and a class action is superior to other available methods for the fair and efficient adjudication of the controversy); where a class action may be brought; preliminary determinations to be made by the court; notice to the class; coupon and other noncash settlements; loss by class members under a proposed settlement; and attorney's fees.

LRB103 38053 JRC 68185 b





SB2888LRB103 38053 JRC 68185 b

1    AN ACT concerning civil procedure.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-801, 2-802, and 2-803 and by adding
6Sections 2-808, 2-809, and 2-810 as follows:
7    (735 ILCS 5/2-801)  (from Ch. 110, par. 2-801)
8    Sec. 2-801. Prerequisites for the maintenance of a class
10    (a) An action may be maintained as a class action only in
11the any court sitting in the county of this State in which: (i)
12the defendant's principal office is located; (ii) the
13plurality of class members who are Illinois residents reside;
14or (iii) the cause of action arose for the plurality of class
15members. and A party may sue or be sued as a representative
16party of the class only if the court finds:
17        (1) The class is so numerous that joinder of all
18    members is impracticable.
19        (2) There are questions of fact or law common to the
20    class, which common questions predominate over any
21    questions affecting only individual members, and a class
22    action is superior to other available methods for the fair
23    and efficient adjudication of the controversy. The matters



SB2888- 2 -LRB103 38053 JRC 68185 b

1    pertinent to the findings include:
2            (A) the interest of members of the class in
3        individually controlling the prosecution or defense of
4        separate actions;
5            (B) the extent and nature of any litigation
6        concerning the controversy already commenced by or
7        against members of the class;
8            (C) the desirability or undesirability of
9        concentrating the litigation of the claims in the
10        particular forum; and
11            (D) the difficulties likely to be encountered in
12        the management of a class action.
13        (3) The representative parties will fairly and
14    adequately protect the interest of the class.
15        (4) The class action is an appropriate method for the
16    fair and efficient adjudication of the controversy.
17    (b) Notwithstanding the provisions of subsection (a), a
18class action may be certified only if the plurality of the
19class members are residents of this State or if the plurality
20of the class members were physically in this State when the
21cause of action arose.
22(Source: P.A. 82-280.)
23    (735 ILCS 5/2-802)  (from Ch. 110, par. 2-802)
24    Sec. 2-802. Order and findings relative to the class.
25    (a) Preliminary determinations. Before making any of the



SB2888- 3 -LRB103 38053 JRC 68185 b

1determinations set forth in subsections (b) and (c), the court
2shall determine whether the action that has been brought as a
3class action has been commenced in the court sitting in the
4county of this State in which:
5        (1) the defendant's principal office is located;
6        (2) the plurality of class members who are Illinois
7    residents reside; or
8        (3) the cause of action arose for the plurality of
9    class members.
10    If the court determines that the action has not been
11commenced in such a county, the court may not permit the action
12to be maintained as a class action pursuant to subsections (b)
13and (c).
14    (b) Determination of Class. As soon as practicable after
15the commencement of an action brought as a class action, the
16court shall determine by order whether it may be so maintained
17and describe those whom the court finds to be members of the
18class. This order may be conditional and may be amended before
19a decision on the merits.
20    (c) (b) Class Action on Limited Issues and Sub-classes.
21When appropriate, an action may be brought or maintained as a
22class action with respect to particular issues, or divided
23into sub-classes and each sub-class treated as a class. The
24provisions of this rule shall then be construed and applied
26(Source: P.A. 82-280.)



SB2888- 4 -LRB103 38053 JRC 68185 b

1    (735 ILCS 5/2-803)  (from Ch. 110, par. 2-803)
2    Sec. 2-803. Notice to class members.
3    (a) For any class certified under this Part 8, the court
4may direct appropriate notice to the class.
5    (b) For any class certified under this Part 8, the court
6must direct to class members the best notice practicable under
7the circumstances, including individual notice to all members
8who can be identified through reasonable effort. The notice
9must concisely and clearly state in plain, easily understood
11        (1) the nature of the action;
12        (2) the definition of the class certified;
13        (3) the class claims, issues, or defenses;
14        (4) that a class member may enter an appearance
15    through counsel if the member so desires;
16        (5) that the court will exclude from the class any
17    member who requests exclusion, with instructions stating
18    when and how members may elect to be excluded; and
19        (6) the binding effect of a class judgment on class
20    members under this Part 8. in class cases. Upon a
21    determination that an action may be maintained as a class
22    action, or at any time during the conduct of the action,
23    the court in its discretion may order such notice that it
24    deems necessary to protect the interests of the class and
25    the parties.



SB2888- 5 -LRB103 38053 JRC 68185 b

1    An order entered under subsection (a) of Section 2-802 of
2this Act, determining that an action may be maintained as a
3class action, may be conditioned upon the giving of such
4notice as the court deems appropriate.
5(Source: P.A. 83-707.)
6    (735 ILCS 5/2-808 new)
7    Sec. 2-808. Judicial scrutiny of coupon and other noncash
8settlements. The court may approve a proposed settlement under
9which the class members receive coupons or other similar
10noncash benefits or would otherwise be required to expend
11funds to obtain part or all of the proposed benefits only after
12a hearing to determine whether, and making a written finding
13that, the settlement is fair, reasonable, and adequate for
14class members.
15    (735 ILCS 5/2-809 new)
16    Sec. 2-809. Protection against loss by class members. The
17court may approve a proposed settlement under which any class
18member is obligated to pay sums to class counsel that would
19result in a net loss to the class member only if the court
20makes a written finding that the nonmonetary benefits to the
21class member outweigh the monetary loss.
22    (735 ILCS 5/2-810 new)
23    Sec. 2-810. Attorney's fees. Any attorney representing



SB2888- 6 -LRB103 38053 JRC 68185 b

1any member or members of the plaintiff class in a class action
2may seek payment of attorney's fees and costs pursuant to a
3petition filed with the court. The court shall make a
4determination based on findings of fact that the amount
5awarded for attorney's fees and costs is reasonable and
6commensurate with the benefits conferred upon the members of
7the class represented by the petitioners for fees and costs.