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90_HB0523
815 ILCS 505/10a from Ch. 121 1/2, par. 270a
Amends the Consumer Fraud and Deceptive Business
Practices Act. Deletes the changes made by Public Act 89-144
and restores the prior law. Provides that any person who
suffers damage (instead of actual damage) may bring an
action. Provides that the court may award actual damages
(instead of actual economic damages). Removes a provision
concerning no punitive damages award being assessed against a
vehicle dealer unless the conduct was willful or intentional
and done with evil motive or reckless indifference. Provides
that proof of a public injury, a pattern, or an effect on
consumers shall not be required (instead of shall be required
in order to state a cause of action against a vehicle
dealer). Provides that the plaintiff may (instead of shall)
mail a copy of the complaint to the Attorney General and may
(instead of shall) mail a copy of the judgment to the
Attorney General. Removes provisions concerning a party who
is seeking relief serving a written notice upon a vehicle
dealer and allowing the vehicle dealer to submit a written
offer of settlement. Makes other changes. Effective
immediately.
LRB9002260NTsb
LRB9002260NTsb
1 AN ACT to amend the Consumer Fraud and Deceptive Business
2 Practices Act by changing Section 10a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by changing Section 10a as follows:
7 (815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a)
8 Sec. 10a. Action for actual damages.
9 (a) Any person who suffers actual damage as a result of
10 a violation of this Act committed by any other person may
11 bring an action against such person. The court, in its
12 discretion may award actual economic damages or any other
13 relief which the court deems proper; provided, however, that
14 no award of punitive damages may be assessed under this
15 Section against a party defendant who is a new vehicle dealer
16 or used vehicle dealer within the meaning of Chapter 5 of the
17 Illinois Vehicle Code, unless the conduct engaged in was
18 willful or intentional and done with evil motive or reckless
19 indifference to the rights of others. Proof of a public
20 injury, a pattern, or an effect on consumers and the public
21 interest generally shall not be required. in order to state a
22 cause of action under this Section against a party defendant
23 who is a new vehicle dealer or used vehicle dealer within the
24 meaning of Chapter 5 of the Illinois Vehicle Code. Proof of
25 such public injury may be shown by any one of the following
26 factors:
27 (1) Violation of a statute that has a public
28 interest impact.
29 (2) Repeated acts prior to the act involving the
30 plaintiff.
31 (3) Potential for repetition.
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1 (b) Such action may be commenced in the county in which
2 the person against whom it is brought resides, has his
3 principal place of business, or is doing business, or in the
4 county where the transaction or any substantial portion
5 thereof occurred.
6 (c) Except as provided in subsection subsections (f),
7 (g), and (h) of this Section, in any action brought by a
8 person under this Section, the Court may grant injunctive
9 relief where appropriate and may award, in addition to the
10 relief provided in this Section, reasonable attorney's fees
11 and costs to the prevailing party.
12 (d) Upon commencement of any action brought under this
13 Section the plaintiff may shall mail a copy of the complaint
14 or other initial pleading to the Attorney General and, upon
15 entry of any judgment or order in the action, may shall mail
16 a copy of such judgment or order to the Attorney General.
17 (e) Any action for damages under this Section shall be
18 forever barred unless commenced within 3 years after the
19 cause of action accrued; provided that, whenever any action
20 is brought by the Attorney General or a State's Attorney for
21 a violation of this Act, the running of the foregoing statute
22 of limitations, with respect to every private right of action
23 for damages which is based in whole or in part on any matter
24 complained of in said action by the Attorney General or
25 State's Attorney, shall be suspended during the pendency
26 thereof, and for one year thereafter.
27 (f) At any time more than 30 days before the
28 commencement of trial, a party, who is a new vehicle dealer
29 or used vehicle dealer within the meaning of Chapter 5 of the
30 Illinois Vehicle Code and who is defending a claim under this
31 Act, may serve upon the party seeking relief under this Act
32 an offer to allow judgment to be taken against the defending
33 party to the effect specified in the offer with costs then
34 accrued. If within 10 days after service of the offer, the
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1 offeree serves written notice that the offer is accepted,
2 either party may then file the offer and notice of acceptance
3 together with proof of service of the notice; the court shall
4 then enter judgment. An offer not accepted shall be deemed
5 withdrawn and evidence of the offer is not admissible except
6 in a proceeding to determine costs. When a party seeking
7 relief under this Act does not accept an offer filed with the
8 clerk and served upon the attorney for that party more than
9 30 days before the commencement of trial and when that party
10 fails to obtain a judgment in an amount more than the total
11 offer of settlement, that party shall forfeit and the court
12 may not award any compensation for attorney's fees and costs
13 incurred after the date of the offer.
14 (g) At any time more than 30 days before the
15 commencement of trial, a party who is seeking relief under
16 this Act from a new vehicle dealer or used vehicle dealer
17 within the meaning of Chapter 5 of the Illinois Vehicle Code
18 may serve the dealer an offer to allow judgment to be taken
19 against the dealer to the effect specified in the offer with
20 costs then accrued. If within 10 days after service of the
21 offer, the offeree serves written notice that the offer is
22 accepted, either party may then file the offer and notice of
23 acceptance together with proof of service of the notice; the
24 court shall then enter judgment. An offer not accepted shall
25 be deemed withdrawn and evidence of the offer is not
26 admissible except in a proceeding to determine costs. When a
27 dealer does not accept an offer filed with the clerk and
28 served upon the attorney for the dealer more than 30 days
29 before the commencement of trial and if the party seeking
30 relief against a dealer obtains a judgment in an amount equal
31 to or in excess of the offer amount, the party seeking relief
32 shall be paid interest on the offer amount at the rate as
33 provided in Section 2-1303 of the Code of Civil Procedure
34 from the date of the offer until the judgment is paid.
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1 (h) At least 30 days prior to the filing of an action
2 under this Section, a party who is seeking relief shall serve
3 a written notice of the nature of the alleged violation and
4 demand for relief upon the prospective party, who is a new
5 vehicle dealer or used vehicle dealer within the meaning of
6 Chapter 5 of the Illinois Vehicle Code, against whom such
7 action will be commenced. Any person receiving such a demand
8 for relief may, within 30 days of service of the demand for
9 relief, submit a written offer of settlement, which offer is
10 to be exclusive of attorney's fees, to the party serving the
11 notice and demand. The party who is seeking relief must
12 certify in any cause of action that the notice and demand was
13 served upon the named defendants and the substance of their
14 response, if any. If the offer of settlement is rejected in
15 writing by the party who is seeking relief, then, in any
16 subsequent action, the court shall deny any award of
17 attorney's fees and costs requested by the party seeking
18 relief under this Act incurred after the rejection of the
19 written offer of settlement, if the judgment is less than the
20 amount contained within the offer of settlement. All written
21 offers of settlement under this subsection shall be presumed
22 to be offered without prejudice in compromise of a disputed
23 matter.
24 (Source: P.A. 89-144, eff. 1-1-96.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.