(815 ILCS 710/13) (from Ch. 121 1/2, par. 763)
Sec. 13.
Damages; equitable relief.
Any franchisee or motor vehicle dealer
who suffers any loss of money or property, real or personal, as a result of
the use or employment by a manufacturer, wholesaler, distributor, distributor
branch or division, factory branch or division, wholesale branch or division,
or any agent, servant or employee thereof, of an unfair method of competition
or an unfair or deceptive act or practice declared unlawful by this Act,
or any action in violation of this Act,
may bring an action for damages and equitable relief, including injunctive
relief, in the circuit court of the county in which the objecting franchisee
has its principal place of business or, if the parties have so agreed, in
arbitration. If the misconduct is willful or wanton, treble damages may be
awarded. A motor vehicle dealer, if it has not suffered any loss
of money or property, may obtain permanent equitable relief if it can be shown
that the unfair act or practice may have the effect of causing such loss
of money or property. Where the franchisee or dealer substantially
prevails the court or arbitration panel or Motor Vehicle Review Board
shall award attorney's fees and assess costs, including expert witness fees
and other expenses incurred by the dealer in the litigation, so long as such
fees and costs are reasonable, against the opposing
party. Moreover, for the purposes of the award of attorney's fees, expert
witness fees, and costs
whenever the franchisee or dealer is seeking injunctive or other relief, the
franchisee or dealer may be considered to have prevailed when a judgment is
entered in its favor, when a final administrative decision is entered in its
favor and affirmed, if subject to judicial review, when a consent order is
entered into, or when the manufacturer, distributor, wholesaler, distributor
branch or division, factory branch or division, wholesale branch
or division, or
any officer, agent or other representative thereof ceases the conduct, act or
practice which is alleged to be in violation of any Section of this Act.
The changes to this Section made by this amendatory Act of the
92nd General Assembly (i) apply only to causes of action accruing on or
after its effective date and (ii) are intended to provide only an additional
venue for dispute resolution without changing any substantive rights under this
Act.
(Source: P.A. 91-485, eff. 1-1-00; 91-533, eff. 8-13-99; 92-272, eff. 1-1-02.)
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