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90_SB1874
205 ILCS 670/20.7
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
770 ILCS 50/1.5 new
770 ILCS 50/3 from Ch. 82, par. 47c
815 ILCS 205/6 from Ch. 17, par. 6413
815 ILCS 375/20.5 new
815 ILCS 375/26.5 new
815 ILCS 505/10a from Ch. 121 1/2, par. 270a
Amends the Consumer Installment Loan Act, the Interest
Act, the Motor Vehicle Retail Installment Sales Act, the
Retail Installment Sales Act, and the Consumer Fraud and
Deceptive Business Practices Act. Limits the total recovery
under each Act in any class action or series of class actions
arising out of the same or similar violations of the Act by
the same lender, seller, holder, or other person to the sum
of (i) the actual economic damages sustained by members of
the class as a result of the violations plus (ii) the lesser
of (A) the amount by which the liabilities imposed by the Act
if sought in individual actions exceed those actual economic
damages, or (B) $500,000, or (C) 1% of the net worth of the
person. Amends the Vehicle Code; provides for release of
vehicle to lienholder after impoundment because driver was
driving while license was suspended or revoked. Amends the
Labor and Storage Lien (Small Amount) Act; provides for
redemption of vehicle by lienholder. Amends the Consumer
Fraud and Deceptive Business Practices Act; in Section
concerning an action for actual economic damages, makes
provision for a party defendant who is the holder of a retail
installment contract within the meaning of the Motor Vehicle
Retail Installment Sales Act to be treated the same as a
party defendant who is a new or used vehicle dealer within
the meaning of the Vehicle Code.
LRB9009751DJcd
LRB9009751DJcd
1 AN ACT concerning consumers, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Consumer Installment Loan Act is amended
5 by changing Section 20.7 as follows:
6 (205 ILCS 670/20.7)
7 Sec. 20.7. Civil action.
8 (a) A claim of violation of this Act may be asserted in
9 a civil action.
10 (b) The total recovery under this Section in any class
11 action or series of class actions arising out of the same or
12 similar violations of this Act by the same lender or licensee
13 shall not be more than the sum of (i) the actual economic
14 damages sustained by members of the class as a result of the
15 violations plus (ii) the lesser of (A) the amount by which
16 the liabilities imposed by this Act if sought in individual
17 actions exceed those actual economic damages, or (B)
18 $500,000, or (C) 1% of the net worth of the lender or
19 licensee.
20 (Source: P.A. 90-437, eff. 1-1-98.)
21 Section 10. The Illinois Vehicle Code is amended by
22 changing Section 6-303 as follows:
23 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
24 Sec. 6-303. Driving while driver's license, permit or
25 privilege to operate a motor vehicle is suspended or revoked.
26 (a) Any person who drives or is in actual physical
27 control of a motor vehicle on any highway of this State at a
28 time when such person's driver's license, permit or privilege
29 to do so or the privilege to obtain a driver's license or
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1 permit is revoked or suspended as provided by this Code or
2 the law of another state, except as may be specifically
3 allowed by a judicial driving permit, family financial
4 responsibility driving permit, probationary license to drive,
5 or a restricted driving permit issued pursuant to this Code
6 or under the law of another state, shall be guilty of a Class
7 A misdemeanor.
8 (b) The Secretary of State upon receiving a report of
9 the conviction of any violation indicating a person was
10 operating a motor vehicle during the time when said person's
11 driver's license, permit or privilege was suspended by the
12 Secretary, by the appropriate authority of another state, or
13 pursuant to Section 11-501.1; except as may be specifically
14 allowed by a probationary license to drive, judicial driving
15 permit or restricted driving permit issued pursuant to this
16 Code or the law of another state; shall extend the suspension
17 for the same period of time as the originally imposed
18 suspension; however, if the period of suspension has then
19 expired, the Secretary shall be authorized to suspend said
20 person's driving privileges for the same period of time as
21 the originally imposed suspension; and if the conviction was
22 upon a charge which indicated that a vehicle was operated
23 during the time when the person's driver's license, permit or
24 privilege was revoked; except as may be allowed by a
25 restricted driving permit issued pursuant to this Code or the
26 law of another state; the Secretary shall not issue a
27 driver's license for an additional period of one year from
28 the date of such conviction indicating such person was
29 operating a vehicle during such period of revocation.
30 (c) Any person convicted of violating this Section shall
31 serve a minimum term of imprisonment of 7 consecutive days or
32 30 days of community service when the person's driving
33 privilege was revoked or suspended as a result of:
34 (1) a violation of Section 11-501 of this Code or a
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1 similar provision of a local ordinance relating to the
2 offense of operating or being in physical control of a
3 vehicle while under the influence of alcohol, any other
4 drug or any combination thereof; or
5 (2) a violation of paragraph (b) of Section 11-401
6 of this Code or a similar provision of a local ordinance
7 relating to the offense of leaving the scene of a motor
8 vehicle accident involving personal injury or death; or
9 (3) a violation of Section 9-3 of the Criminal Code
10 of 1961, as amended, relating to the offense of reckless
11 homicide; or
12 (4) a statutory summary suspension under Section
13 11-501.1 of this Code.
14 Such sentence of imprisonment or community service shall
15 not be subject to suspension in order to reduce such
16 sentence.
17 (d) Any person convicted of a second or subsequent
18 violation of this Section shall be guilty of a Class 4 felony
19 if the original revocation or suspension was for a violation
20 of Section 11-401 or 11-501 of this Code, or a similar
21 out-of-state offense, or a similar provision of a local
22 ordinance, a violation of Section 9-3 of the Criminal Code of
23 1961, relating to the offense of reckless homicide, or a
24 similar out-of-state offense, or a statutory summary
25 suspension under Section 11-501.1 of this Code. For any
26 prosecution under this Section, a certified copy of the
27 driving abstract of the defendant shall be admitted as proof
28 of any prior conviction.
29 (e) Any person in violation of this Section who is also
30 in violation of Section 7-601 of this Code relating to
31 mandatory insurance requirements, in addition to other
32 penalties imposed under this Section, shall have his or her
33 motor vehicle immediately impounded by the arresting law
34 enforcement officer. Notice of the impoundment shall be
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1 given in the manner prescribed in Section 4-205 of this Code.
2 The motor vehicle may be released to any licensed driver upon
3 a showing of proof of insurance for the vehicle that was
4 impounded and the notarized written consent for the release
5 by the vehicle owner, or to any lienholder or secured party
6 whose right, title, and interest is on record in the Office
7 of the Secretary of State and who can show that the lien is
8 bona fide and was created without knowledge that the motor
9 vehicle was used or to be used in commission of the offense
10 charged.
11 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
12 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
13 Section 15. The Labor and Storage Lien (Small Amount)
14 Act is amended by adding Section 1.5 and changing Section 3
15 as follows:
16 (770 ILCS 50/1.5 new)
17 Sec. 1.5. Redemption of motor vehicle by lienholder. If
18 the chattel upon which a lien is claimed is a motor vehicle,
19 and if the motor vehicle has not been redeemed by the owner,
20 authorized agent of the owner, or lawful possessor of the
21 vehicle within 30 days from the date of delivery of the motor
22 vehicle to the lienor, the lienor shall, within 45 days from
23 the date of delivery of the motor vehicle to the lienor,
24 serve a notice of lienor's claim by certified mail, return
25 receipt requested, to each lienholder shown on the
26 certificate of title issued by the Secretary of State for the
27 motor vehicle. Any lienholder shall be entitled to redeem
28 the motor vehicle by paying to the lienor its lawful charges.
29 (770 ILCS 50/3) (from Ch. 82, par. 47c)
30 Sec. 3. Such sale shall be held only after giving 30
31 days' notice of the time and place of such sale, by
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1 publication once in some newspaper of general circulation in
2 the city, village, or incorporated town in which such lienor
3 expended such labor, services, skill, or material or
4 furnished such storage, or if there be none, or if the labor,
5 service, skill or material was not expended in a city,
6 village, or incorporated town, then in some newspaper of
7 general circulation in the county in which such lienor
8 expended such labor, service, skill, or material or furnished
9 such storage, and also by certified mail, return receipt
10 requested mailing, 30 days before such sale, a copy of such
11 notice addressed to the person requesting or consenting to
12 such expenditure of labor, services, skill, or material or
13 furnishing of storage, if his address is known, or if his
14 address is unknown, to the last known address of such person.
15 If the chattel that is the subject of this notice is a motor
16 vehicle, a copy of the notice of sale shall at the same time
17 be given to each lienholder shown on the certificate of title
18 issued by the Secretary of State for the motor vehicle by
19 certified mail, return receipt requested. If no address is
20 known or discoverable after reasonable inquiry, the sale may
21 be made without mailing such notice. The published notice
22 required by this Section shall be in substantially the
23 following form:
24 -------------------------------------------------------------
25 NOTICE IS HEREBY GIVEN
26 That on (insert date), a sale will be held at (insert
27 place), to sell the following articles to enforce a lien
28 existing under the laws of the State of Illinois against such
29 articles for labor, services, skill or material expended upon
30 a storage furnished for such articles at the request of the
31 following designated persons, unless such articles are
32 redeemed within thirty days of the publication of this
33 notice.
34 -------------------------------------------------------------
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1 Name of Person Description of Article Amount of lien
2 ................. ................. $.................
3 ................. ................. $.................
4 A separate notice need not be published for each lien to
5 be enforced, but several may be combined in one publication.
6 (Source: P.A. 87-206.)
7 Section 20. The Interest Act is amended by changing
8 Section 6 as follows:
9 (815 ILCS 205/6) (from Ch. 17, par. 6413)
10 Sec. 6. Recover by obligor. If any person or corporation
11 knowingly contracts for or receives, directly or indirectly,
12 by any device, subterfuge or other means, unlawful interest,
13 discount or charges for or in connection with any loan of
14 money, the obligor may, recover by means of an action or
15 defense an amount equal to twice the total of all interest,
16 discount and charges determined by the loan contract or paid
17 by the obligor, whichever is greater, plus such reasonable
18 attorney's fees and court costs as may be assessed by a court
19 against the lender. The payments due and to become due
20 including all interest, discount and charges included in the
21 payments therein under the terms of the loan contract, shall
22 be reduced by the amount that which the obligor is thus
23 entitled to recover. Recovery by means of a defense may be
24 had at any time after the loan is transacted. Recovery by
25 means of an action may be had at any time after the loan is
26 transacted and before prior to the expiration of 2 years
27 after the earlier of (1) the date of the last scheduled
28 payment of the loan after giving effect to all renewals or
29 extensions thereof, if any, or (2) the date on which the
30 total amount due under the terms of the loan contract is
31 fully paid. A bona fide error in connection with a loan shall
32 not be a violation under this section if the lender corrects
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1 the error within a reasonable time.
2 No person shall be liable under this Act for any act done
3 or omitted in good faith in conformity with any rule,
4 regulation, interpretation, or opinion issued by the
5 Commissioner of Banks and Real Estate or the Department of
6 Financial Institutions or any other department or agency of
7 the State, notwithstanding that after the such act or
8 omission has occurred, the such rule, regulation,
9 interpretation, or opinion is amended, rescinded, or
10 determined by judicial or other authority to be invalid for
11 any reason.
12 The total recovery under this Section in any class action
13 or series of class actions arising out of the same or similar
14 violations of this Act by the same lender shall not be more
15 than the sum of (i) the actual economic damages sustained by
16 members of the class as a result of the violations plus (ii)
17 the lesser of (A) the amount by which the liabilities imposed
18 by this Section if sought in individual actions exceed those
19 actual economic damages, or (B) $500,000, or (C) 1% of the
20 net worth of the lender.
21 (Source: P.A. 90-161, eff. 7-23-97.)
22 Section 25. The Motor Vehicle Retail Installment Sales
23 Act is amended by adding Section 20.5 as follows:
24 (815 ILCS 375/20.5 new)
25 Sec. 20.5. Recovery; class action. The total recovery
26 under this Act in any class action or series of class actions
27 arising out of the same or similar violations of this Act by
28 the same seller or holder shall not be more than the sum of
29 (i) the actual economic damages sustained by members of the
30 class as a result of the violations plus (ii) the lesser of
31 (A) the amount by which the liabilities imposed by this Act
32 if sought in individual actions exceed those actual economic
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1 damages, or (B) $500,000, or (C) 1% of the net worth of the
2 seller or holder.
3 Section 30. The Retail Installment Sales Act is amended
4 by adding Section 26.5 as follows:
5 (815 ILCS 375/26.5 new)
6 Sec. 26.5. Recovery; class action. The total recovery
7 under this Act in any class action or series of class actions
8 arising out of the same or similar violations of this Act by
9 the same seller or holder shall not be more than the sum of
10 (i) the actual economic damages sustained by members of the
11 class as a result of the violations plus (ii) the lesser of
12 (A) the amount by which the liabilities imposed by this Act
13 if sought in individual actions exceed those actual economic
14 damages, or (B) $500,000, or (C) 1% of the net worth of the
15 seller or holder.
16 Section 35. The Consumer Fraud and Deceptive Business
17 Practices Act is amended by changing Section 10a as follows:
18 (815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a)
19 Sec. 10a. Action for actual damages.
20 (a) Any person who suffers actual damage as a result of
21 a violation of this Act committed by any other person may
22 bring an action against such person. The court, in its
23 discretion may award actual economic damages or any other
24 relief which the court deems proper; provided, however, that
25 no award of punitive damages may be assessed under this
26 Section against a party defendant who is a new vehicle dealer
27 or used vehicle dealer within the meaning of Chapter 5 of the
28 Illinois Vehicle Code or who is the holder of a retail
29 installment contract within the meaning of Section 2.12 of
30 the Motor Vehicle Retail Installment Sales Act, unless the
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1 conduct engaged in was willful or intentional and done with
2 evil motive or reckless indifference to the rights of others.
3 Proof of a public injury, a pattern, or an effect on
4 consumers and the public interest generally shall be required
5 in order to state a cause of action under this Section
6 against a party defendant who is a new vehicle dealer or used
7 vehicle dealer within the meaning of Chapter 5 of the
8 Illinois Vehicle Code or who is the holder of a retail
9 installment contract within the meaning of Section 2.12 of
10 the Motor Vehicle Retail Installment Sales Act. Proof of
11 such public injury may be shown by any one of the following
12 factors:
13 (1) Violation of a statute that has a public
14 interest impact.
15 (2) Repeated acts prior to the act involving the
16 plaintiff.
17 (3) Potential for repetition.
18 (a-5) The total recovery under this Section in any class
19 action or series of class actions arising out of the same or
20 similar violations of this Act by the same person shall not
21 be more than the sum of (i) the actual economic damages
22 sustained by members of the class as a result of the
23 violations plus (ii) the lesser of (A) the amount by which
24 the liabilities imposed by this Section if sought in
25 individual actions exceed those actual economic damages, or
26 (B) $500,000, or (C) 1% of the net worth of the person.
27 (b) Such action may be commenced in the county in which
28 the person against whom it is brought resides, has his
29 principal place of business, or is doing business, or in the
30 county where the transaction or any substantial portion
31 thereof occurred.
32 (c) Except as provided in subsections (f), (g), and (h)
33 of this Section, in any action brought by a person under this
34 Section, the Court may grant injunctive relief where
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1 appropriate and may award, in addition to the relief provided
2 in this Section, reasonable attorney's fees and costs to the
3 prevailing party.
4 (d) Upon commencement of any action brought under this
5 Section the plaintiff shall mail a copy of the complaint or
6 other initial pleading to the Attorney General and, upon
7 entry of any judgment or order in the action, shall mail a
8 copy of such judgment or order to the Attorney General.
9 (e) Any action for damages under this Section shall be
10 forever barred unless commenced within 3 years after the
11 cause of action accrued; provided that, whenever any action
12 is brought by the Attorney General or a State's Attorney for
13 a violation of this Act, the running of the foregoing statute
14 of limitations, with respect to every private right of action
15 for damages which is based in whole or in part on any matter
16 complained of in said action by the Attorney General or
17 State's Attorney, shall be suspended during the pendency
18 thereof, and for one year thereafter.
19 (f) At any time more than 30 days before the
20 commencement of trial, a party, who is a new vehicle dealer
21 or used vehicle dealer within the meaning of Chapter 5 of the
22 Illinois Vehicle Code, or who is the holder of a retail
23 installment contract within the meaning of Section 2.12 of
24 the Motor Vehicle Retail Installment Sales Act, and who is
25 defending a claim under this Act, may serve upon the party
26 seeking relief under this Act an offer to allow judgment to
27 be taken against the defending party to the effect specified
28 in the offer with costs then accrued. If within 10 days
29 after service of the offer, the offeree serves written notice
30 that the offer is accepted, either party may then file the
31 offer and notice of acceptance together with proof of service
32 of the notice; the court shall then enter judgment. An offer
33 not accepted shall be deemed withdrawn and evidence of the
34 offer is not admissible except in a proceeding to determine
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1 costs. When a party seeking relief under this Act does not
2 accept an offer filed with the clerk and served upon the
3 attorney for that party more than 30 days before the
4 commencement of trial and when that party fails to obtain a
5 judgment in an amount more than the total offer of
6 settlement, that party shall forfeit and the court may not
7 award any compensation for attorney's fees and costs incurred
8 after the date of the offer.
9 (g) At any time more than 30 days before the
10 commencement of trial, a party who is seeking relief under
11 this Act from a new vehicle dealer or used vehicle dealer
12 within the meaning of Chapter 5 of the Illinois Vehicle Code
13 or from the holder of a retail installment contract within
14 the meaning of Section 2.12 of the Motor Vehicle Retail
15 Installment Sales Act may serve the dealer or holder an offer
16 to allow judgment to be taken against the dealer or holder to
17 the effect specified in the offer with costs then accrued.
18 If within 10 days after service of the offer, the offeree
19 serves written notice that the offer is accepted, either
20 party may then file the offer and notice of acceptance
21 together with proof of service of the notice; the court shall
22 then enter judgment. An offer not accepted shall be deemed
23 withdrawn and evidence of the offer is not admissible except
24 in a proceeding to determine costs. When a dealer or holder
25 does not accept an offer filed with the clerk and served upon
26 the attorney for the dealer or holder more than 30 days
27 before the commencement of trial and if the party seeking
28 relief against a dealer or holder obtains a judgment in an
29 amount equal to or in excess of the offer amount, the party
30 seeking relief shall be paid interest on the offer amount at
31 the rate as provided in Section 2-1303 of the Code of Civil
32 Procedure from the date of the offer until the judgment is
33 paid.
34 (h) At least 30 days prior to the filing of an action
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1 under this Section, a party who is seeking relief shall serve
2 a written notice of the nature of the alleged violation and
3 demand for relief upon the prospective party, who is a new
4 vehicle dealer or used vehicle dealer within the meaning of
5 Chapter 5 of the Illinois Vehicle Code or who is the holder
6 of a retail installment contract within the meaning of
7 Section 2.12 of the Motor Vehicle Retail Installment Sales
8 Act, against whom such action will be commenced. Any person
9 receiving such a demand for relief may, within 30 days of
10 service of the demand for relief, submit a written offer of
11 settlement, which offer is to be exclusive of attorney's
12 fees, to the party serving the notice and demand. The party
13 who is seeking relief must certify in any cause of action
14 that the notice and demand was served upon the named
15 defendants and the substance of their response, if any. If
16 the offer of settlement is rejected in writing by the party
17 who is seeking relief, then, in any subsequent action, the
18 court shall deny any award of attorney's fees and costs
19 requested by the party seeking relief under this Act incurred
20 after the rejection of the written offer of settlement, if
21 the judgment is less than the amount contained within the
22 offer of settlement. All written offers of settlement under
23 this subsection shall be presumed to be offered without
24 prejudice in compromise of a disputed matter.
25 (Source: P.A. 89-144, eff. 1-1-96.)