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90_SB1040
815 ILCS 505/10a from Ch. 121 1/2, par. 270a
Amends the Consumer Fraud and Deceptive Business
Practices Act in provisions regarding actual damages.
Provides that, in an action filed under this Act, either
party may demand a trial by jury and that, the jury (now
just the court) may award economic damages or other relief
it deems proper. Provides that attorney fees shall not be
considered to be actual damages for the purposes of this Act.
Effective July 1, 1997.
SRS90S0031JNbm
SRS90S0031JNbm
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. In any action brought
12 under this Act, either party may demand a trial by jury. The
13 court or jury, in its discretion may award actual economic
14 damages or any other relief which the court or jury deems
15 proper; provided, however, that no award of punitive damages
16 may be assessed under this Section against a party defendant
17 who is a new vehicle dealer or used vehicle dealer within the
18 meaning of Chapter 5 of the Illinois Vehicle Code, unless the
19 conduct engaged in was willful or intentional and done with
20 evil motive or reckless indifference to the rights of others.
21 Attorney's fees shall only be awarded in accordance with
22 subsection (c) of this Section, and shall not be considered
23 "actual damages" for the purposes of this Act. Proof of a
24 public injury, a pattern, or an effect on consumers and the
25 public interest generally shall be required in order to state
26 a cause of action under this Section against a party
27 defendant who is a new vehicle dealer or used vehicle dealer
28 within the meaning of Chapter 5 of the Illinois Vehicle Code.
29 Proof of such public injury may be shown by any one of the
30 following factors:
31 (1) Violation of a statute that has a public
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1 interest impact.
2 (2) Repeated acts prior to the act involving the
3 plaintiff.
4 (3) Potential for repetition.
5 (b) Such action may be commenced in the county in which
6 the person against whom it is brought resides, has his
7 principal place of business, or is doing business, or in the
8 county where the transaction or any substantial portion
9 thereof occurred.
10 (c) Except as provided in subsections (f), (g), and (h)
11 of this Section, in any action brought by a person under this
12 Section, the Court may grant injunctive relief where
13 appropriate and may award, in addition to the relief provided
14 in this Section, reasonable attorney's fees and costs to the
15 prevailing party.
16 (d) Upon commencement of any action brought under this
17 Section the plaintiff shall mail a copy of the complaint or
18 other initial pleading to the Attorney General and, upon
19 entry of any judgment or order in the action, shall mail a
20 copy of such judgment or order to the Attorney General.
21 (e) Any action for damages under this Section shall be
22 forever barred unless commenced within 3 years after the
23 cause of action accrued; provided that, whenever any action
24 is brought by the Attorney General or a State's Attorney for
25 a violation of this Act, the running of the foregoing statute
26 of limitations, with respect to every private right of action
27 for damages which is based in whole or in part on any matter
28 complained of in said action by the Attorney General or
29 State's Attorney, shall be suspended during the pendency
30 thereof, and for one year thereafter.
31 (f) At any time more than 30 days before the
32 commencement of trial, a party, who is a new vehicle dealer
33 or used vehicle dealer within the meaning of Chapter 5 of the
34 Illinois Vehicle Code and who is defending a claim under this
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1 Act, may serve upon the party seeking relief under this Act
2 an offer to allow judgment to be taken against the defending
3 party to the effect specified in the offer with costs then
4 accrued. If within 10 days after service of the offer, the
5 offeree serves written notice that the offer is accepted,
6 either party may then file the offer and notice of acceptance
7 together with proof of service of the notice; the court shall
8 then enter judgment. An offer not accepted shall be deemed
9 withdrawn and evidence of the offer is not admissible except
10 in a proceeding to determine costs. When a party seeking
11 relief under this Act does not accept an offer filed with the
12 clerk and served upon the attorney for that party more than
13 30 days before the commencement of trial and when that party
14 fails to obtain a judgment in an amount more than the total
15 offer of settlement, that party shall forfeit and the court
16 may not award any compensation for attorney's fees and costs
17 incurred after the date of the offer.
18 (g) At any time more than 30 days before the
19 commencement of trial, a party who is seeking relief under
20 this Act from a new vehicle dealer or used vehicle dealer
21 within the meaning of Chapter 5 of the Illinois Vehicle Code
22 may serve the dealer an offer to allow judgment to be taken
23 against the dealer to the effect specified in the offer with
24 costs then accrued. If within 10 days after service of the
25 offer, the offeree serves written notice that the offer is
26 accepted, either party may then file the offer and notice of
27 acceptance together with proof of service of the notice; the
28 court shall then enter judgment. An offer not accepted shall
29 be deemed withdrawn and evidence of the offer is not
30 admissible except in a proceeding to determine costs. When a
31 dealer does not accept an offer filed with the clerk and
32 served upon the attorney for the dealer more than 30 days
33 before the commencement of trial and if the party seeking
34 relief against a dealer obtains a judgment in an amount equal
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1 to or in excess of the offer amount, the party seeking relief
2 shall be paid interest on the offer amount at the rate as
3 provided in Section 2-1303 of the Code of Civil Procedure
4 from the date of the offer until the judgment is paid.
5 (h) At least 30 days prior to the filing of an action
6 under this Section, a party who is seeking relief shall serve
7 a written notice of the nature of the alleged violation and
8 demand for relief upon the prospective party, who is a new
9 vehicle dealer or used vehicle dealer within the meaning of
10 Chapter 5 of the Illinois Vehicle Code, against whom such
11 action will be commenced. Any person receiving such a demand
12 for relief may, within 30 days of service of the demand for
13 relief, submit a written offer of settlement, which offer is
14 to be exclusive of attorney's fees, to the party serving the
15 notice and demand. The party who is seeking relief must
16 certify in any cause of action that the notice and demand was
17 served upon the named defendants and the substance of their
18 response, if any. If the offer of settlement is rejected in
19 writing by the party who is seeking relief, then, in any
20 subsequent action, the court shall deny any award of
21 attorney's fees and costs requested by the party seeking
22 relief under this Act incurred after the rejection of the
23 written offer of settlement, if the judgment is less than the
24 amount contained within the offer of settlement. All written
25 offers of settlement under this subsection shall be presumed
26 to be offered without prejudice in compromise of a disputed
27 matter.
28 (Source: P.A. 89-144, eff. 1-1-96.)
29 Section 99. Effective date. This Act takes effect July
30 1, 1997.