(205 ILCS 657/93)
Sec. 93. Consumer Protection Fund.
(a) A special income-earning fund is hereby
created
in the State treasury, known as the TOMA Consumer Protection Fund.
(b) All moneys paid into the fund together with all accumulated
undistributed income thereon shall be held as a special fund in the State
treasury. The fund shall be used solely for the purpose of providing
restitution to consumers who
have suffered monetary loss arising out of a transaction regulated by this Act.
(c) The fund shall be applied only to restitution when restitution has been
ordered by the Director. Restitution shall not exceed the amount actually lost
by the consumer.
The
fund shall not be used for the payment of any attorney or other fees.
(d) The fund shall be
subrogated to the amount of the restitution, and the Director shall request the
Attorney General to engage in all reasonable collection steps to collect
restitution from the party responsible for the loss and reimburse the fund.
(e) Notwithstanding any other provisions of this Section, the payment of
restitution from the fund shall be a matter of grace and not of right, and no
consumer shall have any vested rights in the fund as a beneficiary or
otherwise. Before seeking restitution from the fund, the consumer or
beneficiary seeking payment of restitution shall apply for restitution on a
form provided by the Director. The form shall include any information the
Director may reasonably require in order to determine that restitution is
appropriate.
(f) Notwithstanding any other provision of this Section, moneys in the TOMA Consumer Protection Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(Source: P.A. 93-535, eff. 1-1-04; 94-91, eff. 7-1-05.)
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