815 ILCS 505/ Consumer Fraud and Deceptive Business Practices Act.

(815 ILCS 505/2VVV)

Sec. 2VVV. Deceptive marketing, advertising, and sale of mental health disorder and substance use disorder treatment.

(a) As used in this Section:

"Facility" has the meaning ascribed to that term in Section 1-10 of the Substance Use Disorder Act when used in reference to a facility that provides substance use disorder treatment. "Facility" has the same meaning as "mental health facility" under Section 1-114 of the Mental Health and Developmental Disabilities Code when used in reference to a facility that provides mental health disorder treatment.

"Hospital affiliate" has the meaning ascribed to that term in Section 10.8 of the Hospital Licensing Act.

"Mental health disorder" has the same meaning as "mental illness" under Section 1-129 of the Mental Health and Developmental Disabilities Code.

"Program" means a licensable or fundable activity or service, or a coordinated range of such activities or services, established or licensed by the Department of Human Services.

"Substance use disorder" has the same meaning as "substance abuse" under Section 1-10 of the Substance Use Disorder Act.

"Treatment" has the meaning ascribed to that term in Section 1-10 of the Substance Use Disorder Act when used in reference to treatment for a substance use disorder. "Treatment" has the meaning ascribed to that term in Section 1-128 of the Mental Health and Developmental Disabilities Code when used in reference to treatment for a mental health disorder.

(b) It is an unlawful practice for any person to engage in misleading or false advertising or promotion that misrepresents the need to seek mental health disorder or substance use disorder treatment outside of the State of Illinois.

(c) Any marketing, advertising, promotional, or sales materials directed to Illinois residents concerning mental health disorder or substance use disorder treatment must:

(1) prominently display or announce the full physical address of the treatment program or facility;

(2) display whether the treatment program or facility is licensed in the State of Illinois;

(3) display whether the treatment program or facility has locations in Illinois;

(4) display whether the services provided by the treatment program or facility are covered by an insurance policy issued to an Illinois resident;

(5) display whether the treatment program or facility is an in-network or out-of-network provider;

(6) include a link to the Internet website for the Department of Human Services' Division of Mental Health and Division of Substance Use Prevention and Recovery, or any successor State agency that provides information regarding licensed providers of services; and

(7) disclose that mental health disorder and substance use disorder treatment may be available at a reduced cost or for free for Illinois residents within the State of Illinois.

(d) It is an unlawful practice for any person to solicit, offer, or enter into an arrangement under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee, a percentage of the treatment program's or facility's revenues that are related to the patient, or any other remuneration that takes into account the volume or value of the referrals to the treatment program or facility. Such practice shall also be considered a violation of the prohibition against fee splitting in Section 22.2 of the Medical Practice Act of 1987 and a violation of the Health Care Worker Self-Referral Act. It is not a violation of this Section for programs or facilities to enter into personal services agreements or management services agreements with third parties that do not take into account the volume or value of referrals. It is not a violation of this Section for programs or facilities to provide discounts for treatment services to clients as long as the discount is based on financial necessity in accordance with the program's or facility's charity care plan, regardless of referral source or reason. Compensation paid by programs or facilities to their employees and independent contractors related to identifying, locating, and securing referrals to that program or facility is not a violation of this Section if the amount of compensation provided to the employee or independent contractor does not vary based upon the volume or value of such referrals. This Section does not apply to health insurance companies, health maintenance organizations, managed care plans, or organizations, including hospitals and hospital affiliates licensed in Illinois.

(Source: P.A. 101-81, eff. 7-12-19; 102-550, eff. 8-20-21.)

(815 ILCS 505/2WWW)

Sec. 2WWW. Termination or early cancellation fees for deceased persons.

(a) Subject to federal law and regulation, no provider of telephone, cellular telephone, television, Internet, energy, medical alert system, or water services shall impose a fee for termination or early cancellation of a service contract in the event the customer has deceased before the end of the contract.

(b) Every violation of this Section is an unlawful practice within the meaning of this Act.

(Source: P.A. 102-112, eff. 1-1-22; 102-813, eff. 5-13-22.)

(815 ILCS 505/2XXX)

Sec. 2XXX. Disclosure requirements for manufactured homes.

(a) A lender, or agent of a lending company, when offering terms for a mortgage note for the purchase of a manufactured home, as defined in the Mobile Home Park Act, that has not been caused to be deemed to be real property by satisfying the requirements of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, shall disclose:

(1) any affiliation between the landlord and the lending company;

(2) that the loan is a chattel loan;

(3) that the terms of a chattel loan prohibit refinancing;

(4) that, depending on where the consumer affixes the manufactured home (be it property owned by the consumer or on certain types of leased land), the manufactured home may qualify as real property under the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act; and

(5) any other reason that prohibits refinancing.

(b) A violation of this Section constitutes an unlawful practice within the meaning of this Act.

(Source: P.A. 102-365, eff. 1-1-22; 102-813, eff. 5-13-22.)

(815 ILCS 505/2YYY)

(Text of Section before amendment by P.A. 103-783)

Sec. 2YYY. Deceptive practices targeting veterans and military members.

(a) As used in this Section:

"Veteran or military benefits services" means any services offered or provided to a veteran, military member, or family member who is entitled to receive benefits under federal, State, or local law, policy, or practice as a result of, at least in part, qualifying military service. Such services include assistance in obtaining benefits, increasing benefits, or appealing a decision related to obtaining or increasing benefits.

"Veteran's services disclosure" means providing, in upper case type in size at least as large as the type size of the written communication or by voice-over, the following statement: "VETERAN AND MILITARY BENEFITS SERVICES ARE AVAILABLE FREE OF CHARGE FROM COUNTY VETERAN SERVICE OFFICERS, THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, AND FEDERALLY CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE, CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S OFFICE AT 1-800-382-3000.".

(b) It is an unlawful practice within the meaning of this Act for any person providing veteran or military benefits services to:

(1) Fail in any advertising to conspicuously disclose a veteran's services disclosure when veteran or military benefits services are provided in exchange for a benefit or thing of value.

(2) Fail to obtain, or to obtain a pending application for, all veteran or military benefits services qualifications, certifications, and accreditations required under State or federal law.

(3) Fail, when acting as a fiduciary for a veteran receiving benefits, to meet the responsibilities of fiduciaries under 38 CFR 13.140.

(4) Fail, when providing representation before the United States Department of Veterans Affairs, to meet the standards of conduct under 38 CFR 14.632.

(5) Charge fees or expenses in violation of 38 CFR 14.636 or 14.637.

(Source: P.A. 102-386, eff. 1-1-22; 102-813, eff. 5-13-22.)

(Text of Section after amendment by P.A. 103-783)

Sec. 2YYY. Deceptive practices targeting veterans and military members.

(a) As used in this Section:

"Veteran or military benefits services" means any services offered or provided to a veteran, military member, or family member who is entitled to receive benefits under federal, State, or local law, policy, or practice as a result of, at least in part, qualifying military service. Such services include assistance, consulting or coaching in the preparation, presentation, or prosecution of claims or other attempts to obtain benefits, increase benefits, or appeal a decision related to obtaining or increasing benefits.

"Veterans services disclosures" means providing, in upper case type in size at least as large as the type size of the written communication or by voice-over, the following statements:

"THIS BUSINESS IS NOT ENDORSED OR SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, OR ANY FEDERALLY CHARTERED VA ACCREDITED VETERAN SERVICE ORGANIZATION. YOU MAY QUALIFY FOR OTHER VETERANS BENEFITS BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES HERE.".

"VETERAN AND MILITARY BENEFITS SERVICES ARE AVAILABLE FREE OF CHARGE FROM VA ACCREDITED COUNTY VETERAN SERVICE OFFICERS, REPRESENTATIVES OF THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, AND THE VETERAN SERVICE OFFICERS OF FEDERALLY CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE, CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S OFFICE AT 1-800-382-3000.".

(b) It is an unlawful practice within the meaning of this Act for any person providing veteran or military benefits services to:

(1) Fail in any advertising to conspicuously disclose veterans services disclosures when veteran or military benefits services are provided in exchange for any financial compensation, benefit or thing of value.

(2) Fail at the outset of the business relationship to clearly provide, both orally and in writing, veterans services disclosures when veteran or military benefits services are provided in exchange for any financial compensation, benefit or thing of value.

(3) Fail to obtain all veteran or military benefits services qualifications, certifications, and accreditations required under State or federal law.

(4) Fail, when acting as a fiduciary for a veteran receiving benefits, to meet the responsibilities of fiduciaries under 38 CFR 13.140.

(5) Fail, when providing representation before the United States Department of Veterans Affairs, to meet the standards of conduct under 38 CFR 14.632.

(6) Charge fees or expenses in violation of 38 CFR 14.636 or 14.637.

(Source: P.A. 102-386, eff. 1-1-22; 102-813, eff. 5-13-22; 103-783, eff. 1-1-25.)

(815 ILCS 505/2ZZZ)

Sec. 2ZZZ. Violations of the Educational Planning Services Consumer Protection Act. Any person who violates the Educational Planning Services Consumer Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 102-571, eff. 1-1-22; 102-813, eff. 5-13-22.)

(815 ILCS 505/2AAAA)

Sec. 2AAAA. Violations of the Consumer Legal Funding Act. Any person who violates the Consumer Legal Funding Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 102-987, eff. 5-27-22.)

(815 ILCS 505/2BBBB)

(Text of Section from P.A. 103-585)

Sec. 2BBBB. Violations of the Pawnbroker Regulation Act of 2023. Any person who violates Article 15 of the Pawnbroker Regulation Act of 2023 commits an unlawful practice within the meaning of this Act.

(Source: P.A. 103-585, eff. 3-22-24.)

(Text of Section from P.A. 103-605)

Sec. 2BBBB. Deceptive practices related to limited services pregnancy centers.

(a) As used in this Section:

"Abortion" means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus, as defined in Section 1-10 of the Reproductive Health Act.

"Affiliates" has the meaning given to the term "hospital affiliate" as defined in subsection (b) of Section 10.8 of the Hospital Licensing Act.

"Emergency contraception" means one or more prescription drugs (i) used separately or in combination for the purpose of preventing pregnancy, (ii) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse, and (iii) dispensed for such purpose in accordance with professional standards of practice.

"Limited services pregnancy center" means an organization or facility, including a mobile facility, that:

(1) does not directly provide abortions or provide or prescribe emergency contraception, or provide referrals for abortions or emergency contraception, and has no affiliation with any organization or provider who provides abortions or provides or prescribes emergency contraception; and

(2) has a primary purpose to offer or provide pregnancy-related services to an individual who is or has reason to believe the individual may be pregnant, whether or not a fee is charged for such services.

"Limited services pregnancy center" does not include:

(1) a health care professional licensed by the Department of Financial and Professional Regulation;

(2) a hospital licensed under the Hospital Licensing Act and its affiliates; or

(3) a hospital licensed under the University of Illinois Hospital Act and its affiliates.

"Limited services pregnancy center" includes an organization or facility that has employees, volunteers, or agents who are health care professionals licensed by the Department of Financial and Professional Regulation.

"Pregnancy-related services" means any medical service, or health counseling service, related to the prevention, preservation, or termination of pregnancy, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, limited obstetric ultrasound, obstetric ultrasound, obstetric sonogram, sexually transmitted infections testing, and prenatal care.

(b) A limited services pregnancy center shall not engage in unfair methods of competition or unfair or deceptive acts or practices, including the use or employment of any deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of any material fact, with the intent that others rely upon the concealment, suppression, or omission of such material fact:

(1) to interfere with or prevent an individual from seeking to gain entry or access to a provider of abortion or emergency contraception;

(2) to induce an individual to enter or access the limited services pregnancy center;

(3) in advertising, soliciting, or otherwise offering pregnancy-related services; or

(4) in conducting, providing, or performing pregnancy-related services.

(c) A violation of this Section constitutes a violation of this Act.

(Source: P.A. 103-270, eff. 7-27-23; 103-605, eff. 7-1-24.)

(815 ILCS 505/2CCCC)

Sec. 2CCCC. Violations of the Vision Care Plan Regulation Act. Any person who violates the Vision Care Plan Regulation Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 103-482, eff. 8-4-23; 103-605, eff. 7-1-24.)

(815 ILCS 505/2DDDD)

Sec. 2DDDD. Sale and marketing of firearms.

(a) As used in this Section:

"Firearm" has the meaning set forth in Section 1.1 of the Firearm Owners Identification Card Act.

"Firearm accessory" means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance (i) the firing capabilities of a firearm, frame, or receiver, (ii) the lethality of the firearm, or (iii) a shooter's ability to hold and use a firearm.

"Firearm ammunition" has the meaning set forth in Section 1.1 of the Firearm Owners Identification Card Act.

"Firearm industry member" means a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the design, manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products, including sales by mail, telephone, or Internet or in-person sales.

"Firearm-related product" means a firearm, firearm ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:

(1) the item is sold, made, or distributed in Illinois;

(2) the item is intended to be sold or distributed in Illinois; or

(3) the item is or was possessed in Illinois, and it was reasonably foreseeable that the item would be possessed in Illinois.

"Straw purchaser" means a person who (i) knowingly purchases or attempts to purchase a firearm-related product with intent to deliver that firearm-related product to another person who is prohibited by federal or State law from possessing a firearm-related product or (ii) intentionally provides false or misleading information on a Bureau of Alcohol, Tobacco, Firearms and Explosives firearms transaction record form to purchase a firearm-related product with the intent to deliver that firearm-related product to another person.

"Unlawful paramilitary or private militia" means a group of armed individuals, organized privately, in violation of the Military Code of Illinois and Section 2 of Article XII of the Illinois Constitution.

(b) It is an unlawful practice within the meaning of this Act for any firearm industry member, through the sale, manufacturing, importing, or marketing of a firearm-related product, to do any of the following:

(1) Knowingly create, maintain, or contribute to a condition in Illinois that endangers the safety or health of the public by conduct either unlawful in itself or unreasonable under all circumstances, including failing to establish or utilize reasonable controls. Reasonable controls include reasonable procedures, safeguards, and business practices that are designed to:

(A) prevent the sale or distribution of a firearm-related product to a straw purchaser, a person prohibited by law from possessing a firearm, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another individual or of possessing or using a firearm-related product unlawfully;

(B) prevent the loss or theft of a firearm-related product from the firearm industry member; or

(C) comply with all provisions of applicable local, State, and federal law, and do not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product.

(2) Advertise, market, or promote a firearm-related product in a manner that reasonably appears to support, recommend, or encourage individuals to engage in unlawful paramilitary or private militia activity in Illinois, or individuals who are not in the National Guard, United States armed forces reserves, United States armed forces, or any duly authorized military organization to use a firearm-related product for a military-related purpose in Illinois.

(3) Except as otherwise provided, advertise, market, promote, design, or sell any firearm-related product in a manner that reasonably appears to support, recommend, or encourage persons under 18 years of age to unlawfully purchase or possess or use a firearm-related product in Illinois.

(A) In determining whether the conduct of a firearm industry member, as described in this paragraph, reasonably appears to support, recommend, or encourage persons under 18 years of age to unlawfully purchase a firearm-related product, a court shall consider the totality of the circumstances, including, but not limited to, whether the marketing, advertising promotion, design, or sale:

(i) uses caricatures that reasonably appear to be minors or cartoon characters;

(ii) offers brand name merchandise for minors, including, but not limited to, clothing, toys, games, or stuffed animals, that promotes a firearm industry member or firearm-related product;

(iii) offers firearm-related products in sizes, colors, or designs that are specifically designed to be used by, or appeal to, minors;

(iv) is part of a marketing, advertising, or promotion campaign designed with the intent to appeal to minors;

(v) uses images or depictions of minors in advertising or marketing, or promotion materials, to depict the use of firearm-related products; or

(vi) is placed in a publication created for the purpose of reaching an audience that is predominantly composed of minors and not intended for a more general audience composed of adults.

(B) This paragraph does not apply to communications or promotional materials regarding lawful recreational activity with a firearm, such as, but not limited to, practice shooting at targets on established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.

(4) Otherwise engage in unfair methods of competition or unfair or deceptive acts or practices declared unlawful under Section 2 of this Act.

(c) Paragraphs (2), (3), and (4) of subsection (b) are declarative of existing law and shall not be construed as new enactments. The provisions of these paragraphs shall apply to all actions commenced or pending on or after August 14, 2023 (the effective date of Public Act 103-559).

(d) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 103-559, eff. 8-14-23; 103-605, eff. 7-1-24.)

(815 ILCS 505/2EEEE)

(Text of Section from P.A. 103-648)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2EEEE. Credit reporting; medical debt.

(a) As used in this Section:

"Collection action" means any referral of a bill to a collection agency or law firm to collect payment for services from a consumer for health care services.

"Collection agency" means any individual, partnership, corporation, trust, estate, co-operative, association, government or government subdivision, agency, or other entity that either purchases medical debt or collects medical debt on behalf of another entity.

"Consumer report" or "credit report" have the meaning ascribed to the term "consumer report" under 15 U.S.C. 1681a(d).

"Consumer reporting agency" has the meaning ascribed to that term in 15 U.S.C. 1681a(f).

"Medical debt" means a debt arising from the receipt of health care services, products, or devices.

"Medical debt" does not include debt charged to a credit card or an open-end or close-end extension of credit made by a financial institution to a borrower unless the open-end or close-end extension of credit may be used by the borrower solely for the purpose of the purchase of health care services.

(b) It is an unlawful practice within the meaning of this Act for a consumer reporting agency:

(1) to make, create, or furnish any consumer report or credit report containing, incorporating, or reflecting any adverse information that the consumer reporting agency knows or should know relates to medical debt incurred by the consumer or a collection action against the consumer to collect medical debt; and

(2) to maintain in the file on a consumer any information relating to medical debt incurred by a consumer or a collection action against the consumer to collect medical debt.

(Source: P.A. 103-648, eff. 1-1-25.)

(Text of Section from P.A. 103-902)

Sec. 2EEEE. Violations concerning teledentistry under the Illinois Dental Practice Act. Any person who violates Section 17.2 of the Illinois Dental Practice Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 103-902, eff. 8-9-24.)

(815 ILCS 505/3) (from Ch. 121 1/2, par. 263)

Sec. 3. When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by this Act; when he receives a written complaint from a consumer or borrower of the commission of a practice declared to be unlawful under this Act; or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in or is about to engage in, any practice declared to be unlawful by this Act, he may:

(a) Require that person to file on such terms as he prescribes a statement or report in writing under oath or otherwise, as to all information as he may consider necessary;

(b) Examine under oath any person in connection with the conduct of any trade or commerce;

(c) Examine any merchandise or sample thereof, record, book, document, account or paper as he may consider necessary; and

(d) Pursuant to an order of a Circuit Court impound any record, book, document, account, paper, or sample of merchandise that is produced in accordance with this Act, and retain it in his possession until the completion of all proceedings in connection with which it is produced.

(Source: P.A. 78-904.)

(815 ILCS 505/4) (from Ch. 121 1/2, par. 264)

Sec. 4. To accomplish the objectives and to carry out the duties prescribed by this Act, the Attorney General, in addition to other powers conferred upon him by this Act, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such rules and regulations as may be necessary, which rules and regulations shall have the force of law. To accomplish the objectives and to carry out the duties prescribed by this Act, the State's Attorney of any county may issue subpoenas to any person.

(Source: P.A. 84-748.)

(815 ILCS 505/5) (from Ch. 121 1/2, par. 265)

Sec. 5. Service by the Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made

(a) personally by delivery of a duly executed copy thereof to the person to be served, or if a person is not a natural person, in the manner provided in the Civil Practice Law when a complaint is filed, or

(b) by mailing by certified mail a duly executed copy thereof to the person to be served at his last known abode or principal place of business within this State.

Service of any subpoena issued by a State's Attorney shall be made in the manner provided in the Civil Practice Law.

(Source: P.A. 84-748.)

(815 ILCS 505/6) (from Ch. 121 1/2, par. 266)

Sec. 6. If any person fails or refuses to file any statement or report, or obey any subpoena issued by the Attorney General or a State's Attorney, the Attorney General or the State's Attorney may file a complaint in the circuit court for the:

(a) Granting of injunctive relief, restraining the sale or advertisement of any merchandise by such persons, or the conduct of any trade or commerce that is involved;

(b) Vacating, annulling, or suspending of the corporate charter of a corporation created by or under the laws of this State or the revoking or suspending of the certificate of authority to do business in this State of a foreign corporation or the revoking or suspending of any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly unlawful practice; and

(c) Granting of such other relief as may be required; until the person files the statement or report, or obeys the subpoena.

Upon commencement of any action brought under this Act by a State's Attorney, the State's Attorney shall mail a copy of the complaint or other initial pleading to the Attorney General, and upon the entry of any judgment or order in the action, shall mail a copy of such judgment or order to the Attorney General.

(Source: P.A. 84-748.)

(815 ILCS 505/6.1) (from Ch. 121 1/2, par. 266.1)

Sec. 6.1. In the administration of this Act, the Attorney General may accept an Assurance of Voluntary Compliance with respect to any method, act or practice deemed to be violative of the Act from any person who has engaged in, is engaging in, or was about to engage in such method, act or practice. Evidence of a violation of an Assurance of Voluntary Compliance shall be prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General against the alleged violator.

(Source: P.A. 85-501.)

(815 ILCS 505/7) (from Ch. 121 1/2, par. 267)

Sec. 7. 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 State Treasurer who shall deposit the money in the State treasury in a special fund designated the Department on Aging State Projects 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 penalty 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. 102-1071, eff. 6-10-22.)