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Public Act 91-0270
SB481 Enrolled LRB9102181KSgc
AN ACT to amend the Consumer Fraud and Deceptive Business
Practices Act by changing Section 10a.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 10a as follows:
(815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a)
Sec. 10a. Action for actual damages.
(a) Any person who suffers actual damage as a result of
a violation of this Act committed by any other person may
bring an action against such person. The court, in its
discretion may award actual economic damages or any other
relief which the court deems proper; provided, however, that
no award of punitive damages may be assessed under this
Section against a party defendant who is a new vehicle dealer
or used vehicle dealer within the meaning of Chapter 5 of the
Illinois Vehicle Code or who is the holder of a retail
installment contract within the meaning of Section 2.12 of
the Motor Vehicle Retail Installment Sales Act, unless the
conduct engaged in was willful or intentional and done with
evil motive or reckless indifference to the rights of others.
Proof of a public injury, a pattern, or an effect on
consumers and the public interest generally shall be required
in order to state a cause of action under this Section
against a party defendant who is a new vehicle dealer or used
vehicle dealer within the meaning of Chapter 5 of the
Illinois Vehicle Code or who is the holder of a retail
installment contract within the meaning of Section 2.12 of
the Motor Vehicle Retail Installment Sales Act. Proof of
such public injury may be shown by any one of the following
factors:
(1) Violation of a statute that has a public
interest impact.
(2) Repeated acts prior to the act involving the
plaintiff.
(3) Potential for repetition.
(b) Such action may be commenced in the county in which
the person against whom it is brought resides, has his
principal place of business, or is doing business, or in the
county where the transaction or any substantial portion
thereof occurred.
(c) Except as provided in subsections (f), (g), and (h)
of this Section, in any action brought by a person under this
Section, the Court may grant injunctive relief where
appropriate and may award, in addition to the relief provided
in this Section, reasonable attorney's fees and costs to the
prevailing party.
(d) Upon commencement of any action brought under this
Section the plaintiff shall mail a copy of the complaint or
other initial pleading to the Attorney General and, upon
entry of any judgment or order in the action, shall mail a
copy of such judgment or order to the Attorney General.
(e) Any action for damages under this Section shall be
forever barred unless commenced within 3 years after the
cause of action accrued; provided that, whenever any action
is brought by the Attorney General or a State's Attorney for
a violation of this Act, the running of the foregoing statute
of limitations, with respect to every private right of action
for damages which is based in whole or in part on any matter
complained of in said action by the Attorney General or
State's Attorney, shall be suspended during the pendency
thereof, and for one year thereafter.
(f) At any time more than 30 days before the
commencement of trial, a party, who is a new vehicle dealer
or used vehicle dealer within the meaning of Chapter 5 of the
Illinois Vehicle Code or who is the holder of a retail
installment contract within the meaning of Section 2.12 of
the Motor Vehicle Retail Installment Sales Act and who is
defending a claim under this Act, may serve upon the party
seeking relief under this Act an offer to allow judgment to
be taken against the defending party to the effect specified
in the offer with costs then accrued. If within 10 days
after service of the offer, the offeree serves written notice
that the offer is accepted, either party may then file the
offer and notice of acceptance together with proof of service
of the notice; the court shall then enter judgment. An offer
not accepted shall be deemed withdrawn and evidence of the
offer is not admissible except in a proceeding to determine
costs. When a party seeking relief under this Act does not
accept an offer filed with the clerk and served upon the
attorney for that party more than 30 days before the
commencement of trial and when that party fails to obtain a
judgment in an amount more than the total offer of
settlement, that party shall forfeit and the court may not
award any compensation for attorney's fees and costs incurred
after the date of the offer.
(g) At any time more than 30 days before the
commencement of trial, a party who is seeking relief under
this Act from a new vehicle dealer or used vehicle dealer
within the meaning of Chapter 5 of the Illinois Vehicle Code
or from the holder of a retail installment contract within
the meaning of Section 2.12 of the Motor Vehicle Retail
Installment Sales Act may serve the dealer or holder an offer
to allow judgment to be taken against the dealer or holder to
the effect specified in the offer with costs then accrued.
If within 10 days after service of the offer, the offeree
serves written notice that the offer is accepted, either
party may then file the offer and notice of acceptance
together with proof of service of the notice; the court shall
then enter judgment. An offer not accepted shall be deemed
withdrawn and evidence of the offer is not admissible except
in a proceeding to determine costs. When a dealer or holder
does not accept an offer filed with the clerk and served upon
the attorney for the dealer or holder more than 30 days
before the commencement of trial and if the party seeking
relief against a dealer or holder obtains a judgment in an
amount equal to or in excess of the offer amount, the party
seeking relief shall be paid interest on the offer amount at
the rate as provided in Section 2-1303 of the Code of Civil
Procedure from the date of the offer until the judgment is
paid.
(h) At least 30 days prior to the filing of an action
under this Section, a party who is seeking relief shall serve
a written notice of the nature of the alleged violation and
demand for relief upon the prospective party, who is a new
vehicle dealer or used vehicle dealer within the meaning of
Chapter 5 of the Illinois Vehicle Code or who is the holder
of a retail installment contract within the meaning of
Section 2.12 of the Motor Vehicle Retail Installment Sales
Act, against whom such action will be commenced. Any person
receiving such a demand for relief may, within 30 days of
service of the demand for relief, submit a written offer of
settlement, which offer is to be exclusive of attorney's
fees, to the party serving the notice and demand. The party
who is seeking relief must certify in any cause of action
that the notice and demand was served upon the named
defendants and the substance of their response, if any. If
the offer of settlement is rejected in writing by the party
who is seeking relief, then, in any subsequent action, the
court shall deny any award of attorney's fees and costs
requested by the party seeking relief under this Act incurred
after the rejection of the written offer of settlement, if
the judgment is less than the amount contained within the
offer of settlement. All written offers of settlement under
this subsection shall be presumed to be offered without
prejudice in compromise of a disputed matter.
(Source: P.A. 89-144, eff. 1-1-96.)
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