Illinois General Assembly - Illinois Compiled Statutes

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815 ILCS 380/4

(815 ILCS 380/4) (from Ch. 121 1/2, par. 1204)

Sec. 4.

(a) The provisions of subsection (a) of Section 3 shall not
apply unless the consumer has first resorted to an informal settlement
procedure applicable to disputes to which that subsection would apply where

(1) The manufacturer of the new vehicle has established such a procedure;

(2) The procedure conforms:

(i) substantially with the provisions of Title 16, Code of Federal
Regulation, Part 703, as from time to time amended, and

(ii) to the requirements of subsection (c); and

(3) The consumer has received from the seller adequate written notice of
the existence of the procedure.

Adequate written notice includes but is not limited to the incorporation
of the informal dispute settlement procedure into the terms of the written
warranty to which the vehicle does not conform.

(b) If the consumer is dissatisfied with the decision reached in an informal
dispute settlement procedure or the results of such a decision, he may bring
a civil action to enforce his rights under subsection (a) of Section 3.
The decision reached in the informal dispute settlement procedure is admissible
in such a civil action.  The period of limitations for a civil action to
enforce a consumer's rights or remedies under subsection (a) of Section
3 shall be extended for a period equal to the number of days the subject
matter of the civil action was pending in the informal dispute settlement procedure.

(c) A disclosure of the decision in an informal dispute settlement procedure
shall include notice to the consumer of the provisions of subsection (b).

(Source: P.A. 85-1350.)