Illinois: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes, a person who suffers actual damage may bring an action

Sec. 10a

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.

Actual damages

Recovery for the loss a person actually suffered.

Actual economic damages may be awarded at the court's discretion

Sec. 10a

The court, in its discretion may award actual economic damages or any other relief which the court deems proper

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Punitive damages may be assessed, but not against certain vehicle dealers or retail installment contract holders unless conduct was willful or intentional and done with evil motive or reckless indifference

Sec. 10a

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

Attorney fees

Rules for recovering the cost of legal representation.

Court may award reasonable attorney's fees and costs to the prevailing party, with exceptions

Sec. 10a

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.

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

At least 30 days prior to filing, a party seeking relief shall serve 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 or holder of a retail installment contract

Sec. 10a

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

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

In construing this section consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a) of the Federal Trade Commission Act

Sec. 2

In construing this section consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.

Time limit for a claim

The period in which an action must be brought.

3 years after the cause of action accrued

Sec. 10a

Any action for damages under this Section shall be forever barred unless commenced within 3 years after the cause of action accrued

Injunctive relief

Court orders requiring conduct to stop or change.

The Court may grant injunctive relief where appropriate

Sec. 10a

the Court may grant injunctive relief where appropriate

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not to exceed $50,000; if intent to defraud, not to exceed $50,000 per violation; additional up to $10,000 per violation against persons 65 or older

Sec. 7

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.