(815 ILCS 636/75)
Sec. 75.
Enforcement.
(1) The Attorney General or the State's Attorney of
any county in this State may bring an action in the name of the State against a
person to restrain and prevent any violation of this Act. In the enforcement
of this Act, the Attorney General or the State's Attorney may accept an
assurance of discontinuance of any act or practice deemed in violation of this
Act, from any person engaging in or who has engaged in that act or practice.
Failure to perform the terms of the assurance constitutes prima facie proof of
a
violation of this Act.
(2) A holder or lessor may not be held liable in an action brought under
this Act for a violation of this Act that was unintentional and resulted from a
bona fide error notwithstanding the maintenance of procedures reasonably
adapted to avoid error. Examples of bona fide errors include, but are
not limited to, clerical errors, calculation errors, computer malfunctions, and
programming errors, except that an error of legal judgment with respect to a
person's obligations under this Act is not a bona fide error.
(3) An action shall not be brought under this Act more than 2
years after the occurrence of the act, method, or practice which is the subject
of the action.
(4) This Act applies only to consumer leases that are both entered into and
in which the vehicle is returned within this State.
(Source: P.A. 89-625, eff. 1-1-97.)
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