State of Illinois
91st General Assembly
Legislation

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91_SB0521

 
                                               LRB9103659DJcd

 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  be  awarded  only 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
 
                            -4-                LRB9103659DJcd
 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, 1999.

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