(815 ILCS 505/7)
(from Ch. 121 1/2, par. 267)
Injunctive relief; restitution; and civil penalties.
(a) Whenever the Attorney General or a State's Attorney has reason to
believe that any person is using, has used, or is about to use any method,
act or practice declared by this Act to be
unlawful, and that proceedings would be in the public interest, he or she
may bring an action in the name of the People of the State against
such person to restrain by preliminary or permanent injunction the use of
such method, act or practice. The Court, in its discretion, may exercise
all powers necessary, including but not limited to: injunction;
revocation, forfeiture or suspension of any license, charter, franchise,
certificate or other evidence of authority of any person to do business in
this State; appointment of a receiver; dissolution of domestic corporations
or association suspension or termination of the right of foreign
corporations or associations to do business in this State; and restitution.
(b) In addition to the remedies provided herein, the Attorney General or
State's Attorney may request and the Court may impose a civil penalty in a sum
not to exceed $50,000 against any person found by the Court to have engaged in
any method, act or practice declared unlawful under this Act.
In the event the court finds the method, act or practice to have been entered
into with the intent to defraud, the court has the authority to impose a
civil penalty in a sum not to exceed $50,000 per violation.
(c) In addition to any other civil penalty provided in this Section, if a
person is found by the court to have engaged in any method, act, or practice
declared unlawful under this Act, and the violation was committed against a
person 65 years of age or older, the court may impose an additional civil
penalty not to exceed $10,000 for each violation.
A civil penalty imposed under this subsection (c) shall be paid to the
who shall deposit the money in the State treasury in a special fund designated
the Elderly Victim Fund. The Treasurer shall deposit such moneys into the
Fund monthly. All of the moneys deposited into the Fund shall be appropriated
to the Department on Aging for grants to senior centers in Illinois.
An award of restitution under subsection (a) has priority over a civil
imposed by the court under this subsection.
In determining whether to impose a civil penalty under this subsection
and the amount of any penalty, the court shall consider the following:
(1) Whether the defendant's conduct was in willful
disregard of the rights of the person 65 years of age or older.
(2) Whether the defendant knew or should have known
that the defendant's conduct was directed to a person 65 years of age or older.
(3) Whether the person 65 years of age or older was
substantially more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
(4) Any other factors the court deems appropriate.
(d) This Section applies if: (i) a court orders a party to make payments
to the Attorney General and the payments are to be used for the operations of
the Office of the Attorney General or (ii) a party agrees, in an Assurance of
Voluntary Compliance under this Act, to make payments to the Attorney General
for the operations of the Office of the Attorney General.
(e) Moneys paid under any of the conditions described in subsection (d)
shall be deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund, which is created as a special fund in the
State Treasury. Moneys in the Fund shall be used, subject to appropriation,
for the performance of any function pertaining to the exercise of the duties of
the Attorney General including but not limited to enforcement of any law of
this State and conducting public education programs; however, any moneys in the
Fund that are required by the court or by an agreement to be used for a
particular purpose shall be used for that purpose.
(Source: P.A. 93-246, eff. 7-22-03.)