Illinois General Assembly - Full Text of SB0227
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0227  102nd General Assembly

SB0227sam001 102ND GENERAL ASSEMBLY

Sen. Ann Gillespie

Filed: 3/23/2021

 

 


 

 


 
10200SB0227sam001LRB102 02592 JLS 23734 a

1
AMENDMENT TO SENATE BILL 227

2    AMENDMENT NO. ______. Amend Senate Bill 227 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200SB0227sam001- 2 -LRB102 02592 JLS 23734 a

1within the meaning of Section 2.12 of the Motor Vehicle Retail
2Installment Sales Act, unless the conduct engaged in was
3willful or intentional and done with evil motive or reckless
4indifference to the rights of others. Proof of a public
5injury, a pattern, or an effect on consumers and the public
6interest generally shall be required in order to state a cause
7of action under this Section against a party defendant who is a
8new vehicle dealer or used vehicle dealer within the meaning
9of Chapter 5 of the Illinois Vehicle Code or who is the holder
10of a retail installment contract within the meaning of Section
112.12 of the Motor Vehicle Retail Installment Sales Act. Proof
12of such public injury may be shown by any one of the following
13factors:
14        (1) Violation of a statute that has a public interest
15    impact.
16        (2) Repeated acts prior to the act involving the
17    plaintiff.
18        (3) Potential for repetition.
19    (b) Such action may be commenced in the county in which the
20person against whom it is brought resides, has his principal
21place of business, or is doing business, or in the county where
22the transaction or any substantial portion thereof occurred.
23    (c) Except as provided in subsections (f), (g), and (h) of
24this Section, in any action brought by a person under this
25Section, the Court may grant injunctive relief where
26appropriate and may award, in addition to the relief provided

 

 

10200SB0227sam001- 3 -LRB102 02592 JLS 23734 a

1in this Section, reasonable attorney's fees and costs to the
2prevailing party.
3    (d) Upon commencement of any action brought under this
4Section the plaintiff shall mail a copy of the complaint or
5other initial pleading to the Attorney General and, upon entry
6of any judgment or order in the action, shall mail a copy of
7such judgment or order to the Attorney General.
8    (e) Any action for damages under this Section shall be
9forever barred unless commenced within 3 years after the cause
10of action accrued; provided that, whenever any action is
11brought by the Attorney General or a State's Attorney for a
12violation of this Act, the running of the foregoing statute of
13limitations, with respect to every private right of action for
14damages which is based in whole or in part on any matter
15complained of in said action by the Attorney General or
16State's Attorney, shall be suspended during the pendency
17thereof, and for one year thereafter.
18    (f) At any time more than 30 days before the commencement
19of trial, a party, who is a new vehicle dealer or used vehicle
20dealer within the meaning of Chapter 5 of the Illinois Vehicle
21Code or who is the holder of a retail installment contract
22within the meaning of Section 2.12 of the Motor Vehicle Retail
23Installment Sales Act and who is defending a claim under this
24Act, may serve upon the party seeking relief under this Act an
25offer to allow judgment to be taken against the defending
26party to the effect specified in the offer with costs then

 

 

10200SB0227sam001- 4 -LRB102 02592 JLS 23734 a

1accrued. If within 10 days after service of the offer, the
2offeree serves written notice that the offer is accepted,
3either party may then file the offer and notice of acceptance
4together with proof of service of the notice; the court shall
5then enter judgment. An offer not accepted shall be deemed
6withdrawn and evidence of the offer is not admissible except
7in a proceeding to determine costs. When a party seeking
8relief under this Act does not accept an offer filed with the
9clerk and served upon the attorney for that party more than 30
10days before the commencement of trial and when that party
11fails to obtain a judgment in an amount more than the total
12offer of settlement, that party shall forfeit and the court
13may not award any compensation for attorney's fees and costs
14incurred after the date of the offer.
15    (g) At any time more than 30 days before the commencement
16of trial, a party who is seeking relief under this Act from a
17new vehicle dealer or used vehicle dealer within the meaning
18of Chapter 5 of the Illinois Vehicle Code or from the holder of
19a retail installment contract within the meaning of Section
202.12 of the Motor Vehicle Retail Installment Sales Act may
21serve the dealer or holder an offer to allow judgment to be
22taken against the dealer or holder to the effect specified in
23the offer with costs then accrued. If within 10 days after
24service of the offer, the offeree serves written notice that
25the offer is accepted, either party may then file the offer and
26notice of acceptance together with proof of service of the

 

 

10200SB0227sam001- 5 -LRB102 02592 JLS 23734 a

1notice; the court shall then enter judgment. An offer not
2accepted shall be deemed withdrawn and evidence of the offer
3is not admissible except in a proceeding to determine costs.
4When a dealer or holder does not accept an offer filed with the
5clerk and served upon the attorney for the dealer or holder
6more than 30 days before the commencement of trial and if the
7party seeking relief against a dealer or holder obtains a
8judgment in an amount equal to or in excess of the offer
9amount, the party seeking relief shall be paid interest on the
10offer amount at the rate as provided in Section 2-1303 of the
11Code of Civil Procedure from the date of the offer until the
12judgment is paid.
13    (h) At least 30 days prior to the filing of an action under
14this Section, a party who is seeking relief shall serve a
15written notice of the nature of the alleged violation and
16demand for relief upon the prospective party, who is a new
17vehicle dealer or used vehicle dealer within the meaning of
18Chapter 5 of the Illinois Vehicle Code or who is the holder of
19a retail installment contract within the meaning of Section
202.12 of the Motor Vehicle Retail Installment Sales Act,
21against whom such action will be commenced. Any person
22receiving such a demand for relief may, within 30 days of
23service of the demand for relief, submit a written offer of
24settlement, which offer is to be exclusive of attorney's fees,
25to the party serving the notice and demand. The party who is
26seeking relief must certify in any cause of action that the

 

 

10200SB0227sam001- 6 -LRB102 02592 JLS 23734 a

1notice and demand was served upon the named defendants and the
2substance of their response, if any. If the offer of
3settlement is rejected in writing by the party who is seeking
4relief, then, in any subsequent action, the court shall deny
5any award of attorney's fees and costs requested by the party
6seeking relief under this Act incurred after the rejection of
7the written offer of settlement, if the judgment is less than
8the amount contained within the offer of settlement. All
9written offers of settlement under this subsection shall be
10presumed to be offered without prejudice in compromise of a
11disputed matter.
12    (i) No action can be brought under this Section against a
13person as a result of an over collection of any tax by such
14person to the extent such over collected tax is remitted to a
15government entity or agency. For purposes of this Section, a
16tax is remitted to a governmental entity or agency when it is
17paid or transferred to the government entity or agency, or
18taken as a credit, allowance, or offset on a tax return or
19other tax form (including any amount of commission or discount
20taken by or allowed to a tax collector or taxpayer). This
21subsection applies in addition to any other defense to an
22action under this Act that may apply.
23(Source: P.A. 91-270, eff. 1-1-00.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".