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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 003 ] |
91_HB1177eng HB1177 Engrossed LRB9103438KSgc 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. The court, in its 12 discretion may award actual economic damages or any other 13 relief which the court deems proper; provided, however, that 14 no award of punitive damages may be assessed under this 15 Section against a party defendant who is a new vehicle dealer 16 or used vehicle dealer within the meaning of Chapter 5 of the 17 Illinois Vehicle Code or who is the holder of a retail 18 installment contract within the meaning of Section 2.12 of 19 the Motor Vehicle Retail Installment Sales Act, unless the 20 conduct engaged in was willful or intentional and done with 21 evil motive or reckless indifference to the rights of others. 22 Proof of a public injury, a pattern, or an effect on 23 consumers and the public interest generally shall be required 24 in order to state a cause of action under this Section 25 against a party defendant who is a new vehicle dealer or used 26 vehicle dealer within the meaning of Chapter 5 of the 27 Illinois Vehicle Code or who is the holder of a retail 28 installment contract within the meaning of Section 2.12 of 29 the Motor Vehicle Retail Installment Sales Act. Proof of 30 such public injury may be shown by any one of the following 31 factors: HB1177 Engrossed -2- LRB9103438KSgc 1 (1) Violation of a statute that has a public 2 interest impact. 3 (2) Repeated acts prior to the act involving the 4 plaintiff. 5 (3) Potential for repetition. 6 (b) Such action may be commenced in the county in which 7 the person against whom it is brought resides, has his 8 principal place of business, or is doing business, or in the 9 county where the transaction or any substantial portion 10 thereof occurred. 11 (c) Except as provided in subsections (f), (g), and (h) 12 of this Section, in any action brought by a person under this 13 Section, the Court may grant injunctive relief where 14 appropriate and may award, in addition to the relief provided 15 in this Section, reasonable attorney's fees and costs to the 16 prevailing party. 17 (d) Upon commencement of any action brought under this 18 Section the plaintiff shall mail a copy of the complaint or 19 other initial pleading to the Attorney General and, upon 20 entry of any judgment or order in the action, shall mail a 21 copy of such judgment or order to the Attorney General. 22 (e) Any action for damages under this Section shall be 23 forever barred unless commenced within 3 years after the 24 cause of action accrued; provided that, whenever any action 25 is brought by the Attorney General or a State's Attorney for 26 a violation of this Act, the running of the foregoing statute 27 of limitations, with respect to every private right of action 28 for damages which is based in whole or in part on any matter 29 complained of in said action by the Attorney General or 30 State's Attorney, shall be suspended during the pendency 31 thereof, and for one year thereafter. 32 (f) At any time more than 30 days before the 33 commencement of trial, a party, who is a new vehicle dealer 34 or used vehicle dealer within the meaning of Chapter 5 of the HB1177 Engrossed -3- LRB9103438KSgc 1 Illinois Vehicle Code or who is the holder of a retail 2 installment contract within the meaning of Section 2.12 of 3 the Motor Vehicle Retail Installment Sales Act and who is 4 defending a claim under this Act, may serve upon the party 5 seeking relief under this Act an offer to allow judgment to 6 be taken against the defending party to the effect specified 7 in the offer with costs then accrued. If within 10 days 8 after service of the offer, the offeree serves written notice 9 that the offer is accepted, either party may then file the 10 offer and notice of acceptance together with proof of service 11 of the notice; the court shall then enter judgment. An offer 12 not accepted shall be deemed withdrawn and evidence of the 13 offer is not admissible except in a proceeding to determine 14 costs. When a party seeking relief under this Act does not 15 accept an offer filed with the clerk and served upon the 16 attorney for that party more than 30 days before the 17 commencement of trial and when that party fails to obtain a 18 judgment in an amount more than the total offer of 19 settlement, that party shall forfeit and the court may not 20 award any compensation for attorney's fees and costs incurred 21 after the date of the offer. 22 (g) At any time more than 30 days before the 23 commencement of trial, a party who is seeking relief under 24 this Act from a new vehicle dealer or used vehicle dealer 25 within the meaning of Chapter 5 of the Illinois Vehicle Code 26 or who is the holder of a retail installment contract within 27 the meaning of Section 2.12 of the Motor Vehicle Retail 28 Installment Sales Act may serve the dealer or holder an offer 29 to allow judgment to be taken against the dealer or holder to 30 the effect specified in the offer with costs then accrued. 31 If within 10 days after service of the offer, the offeree 32 serves written notice that the offer is accepted, either 33 party may then file the offer and notice of acceptance 34 together with proof of service of the notice; the court shall HB1177 Engrossed -4- LRB9103438KSgc 1 then enter judgment. An offer not accepted shall be deemed 2 withdrawn and evidence of the offer is not admissible except 3 in a proceeding to determine costs. When a dealer or holder 4 does not accept an offer filed with the clerk and served upon 5 the attorney for the dealer or holder more than 30 days 6 before the commencement of trial and if the party seeking 7 relief against a dealer or holder obtains a judgment in an 8 amount equal to or in excess of the offer amount, the party 9 seeking relief shall be paid interest on the offer amount at 10 the rate as provided in Section 2-1303 of the Code of Civil 11 Procedure from the date of the offer until the judgment is 12 paid. 13 (h) At least 30 days prior to the filing of an action 14 under this Section, a party who is seeking relief shall serve 15 a written notice of the nature of the alleged violation and 16 demand for relief upon the prospective party, who is a new 17 vehicle dealer or used vehicle dealer within the meaning of 18 Chapter 5 of the Illinois Vehicle Code or who is the holder 19 of a retail installment contract within the meaning of 20 Section 2.12 of the Motor Vehicle Retail Installment Sales 21 Act, against whom such action will be commenced. Any person 22 receiving such a demand for relief may, within 30 days of 23 service of the demand for relief, submit a written offer of 24 settlement, which offer is to be exclusive of attorney's 25 fees, to the party serving the notice and demand. The party 26 who is seeking relief must certify in any cause of action 27 that the notice and demand was served upon the named 28 defendants and the substance of their response, if any. If 29 the offer of settlement is rejected in writing by the party 30 who is seeking relief, then, in any subsequent action, the 31 court shall deny any award of attorney's fees and costs 32 requested by the party seeking relief under this Act incurred 33 after the rejection of the written offer of settlement, if 34 the judgment is less than the amount contained within the HB1177 Engrossed -5- LRB9103438KSgc 1 offer of settlement. All written offers of settlement under 2 this subsection shall be presumed to be offered without 3 prejudice in compromise of a disputed matter. 4 (Source: P.A. 89-144, eff. 1-1-96.)