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| [ Senate Amendment 003 ] |
91_HB1177ham001
LRB9103438KSgcam01
1 AMENDMENT TO HOUSE BILL 1177
2 AMENDMENT NO. . Amend House Bill 1177 by replacing
3 the title with the following:
4 "AN ACT to amend the Consumer Fraud and Deceptive
5 Business Practices Act by changing Section 10a."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Consumer Fraud and Deceptive Business
9 Practices Act is amended by changing Section 10a as follows:
10 (815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a)
11 Sec. 10a. Action for actual damages.
12 (a) Any person who suffers actual damage as a result of
13 a violation of this Act committed by any other person may
14 bring an action against such person. The court, in its
15 discretion may award actual economic damages or any other
16 relief which the court deems proper; provided, however, that
17 no award of punitive damages may be assessed under this
18 Section against a party defendant who is a new vehicle dealer
19 or used vehicle dealer within the meaning of Chapter 5 of the
20 Illinois Vehicle Code or who is the holder of a retail
21 installment contract within the meaning of Section 2.12 of
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1 the Motor Vehicle Retail Installment Sales Act, unless the
2 conduct engaged in was willful or intentional and done with
3 evil motive or reckless indifference to the rights of others.
4 Proof of a public injury, a pattern, or an effect on
5 consumers and the public interest generally shall be required
6 in order to state a cause of action under this Section
7 against a party defendant who is a new vehicle dealer or used
8 vehicle dealer within the meaning of Chapter 5 of the
9 Illinois Vehicle Code or who is the holder of a retail
10 installment contract within the meaning of Section 2.12 of
11 the Motor Vehicle Retail Installment Sales Act. Proof of
12 such public injury may be shown by any one of the following
13 factors:
14 (1) Violation of a statute that has a public
15 interest impact.
16 (2) Repeated acts prior to the act involving the
17 plaintiff.
18 (3) Potential for repetition.
19 (b) Such action may be commenced in the county in which
20 the person against whom it is brought resides, has his
21 principal place of business, or is doing business, or in the
22 county where the transaction or any substantial portion
23 thereof occurred.
24 (c) Except as provided in subsections (f), (g), and (h)
25 of this Section, in any action brought by a person under this
26 Section, the Court may grant injunctive relief where
27 appropriate and may award, in addition to the relief provided
28 in this Section, reasonable attorney's fees and costs to the
29 prevailing party.
30 (d) Upon commencement of any action brought under this
31 Section the plaintiff shall mail a copy of the complaint or
32 other initial pleading to the Attorney General and, upon
33 entry of any judgment or order in the action, shall mail a
34 copy of such judgment or order to the Attorney General.
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1 (e) Any action for damages under this Section shall be
2 forever barred unless commenced within 3 years after the
3 cause of action accrued; provided that, whenever any action
4 is brought by the Attorney General or a State's Attorney for
5 a violation of this Act, the running of the foregoing statute
6 of limitations, with respect to every private right of action
7 for damages which is based in whole or in part on any matter
8 complained of in said action by the Attorney General or
9 State's Attorney, shall be suspended during the pendency
10 thereof, and for one year thereafter.
11 (f) At any time more than 30 days before the
12 commencement of trial, a party, who is a new vehicle dealer
13 or used vehicle dealer within the meaning of Chapter 5 of the
14 Illinois Vehicle Code or who is the holder of a retail
15 installment contract within the meaning of Section 2.12 of
16 the Motor Vehicle Retail Installment Sales Act and who is
17 defending a claim under this Act, may serve upon the party
18 seeking relief under this Act an offer to allow judgment to
19 be taken against the defending party to the effect specified
20 in the offer with costs then accrued. If within 10 days
21 after service of the offer, the offeree serves written notice
22 that the offer is accepted, either party may then file the
23 offer and notice of acceptance together with proof of service
24 of the notice; the court shall then enter judgment. An offer
25 not accepted shall be deemed withdrawn and evidence of the
26 offer is not admissible except in a proceeding to determine
27 costs. When a party seeking relief under this Act does not
28 accept an offer filed with the clerk and served upon the
29 attorney for that party more than 30 days before the
30 commencement of trial and when that party fails to obtain a
31 judgment in an amount more than the total offer of
32 settlement, that party shall forfeit and the court may not
33 award any compensation for attorney's fees and costs incurred
34 after the date of the offer.
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1 (g) At any time more than 30 days before the
2 commencement of trial, a party who is seeking relief under
3 this Act from a new vehicle dealer or used vehicle dealer
4 within the meaning of Chapter 5 of the Illinois Vehicle Code
5 or who is the holder of a retail installment contract within
6 the meaning of Section 2.12 of the Motor Vehicle Retail
7 Installment Sales Act may serve the dealer or holder an offer
8 to allow judgment to be taken against the dealer or holder to
9 the effect specified in the offer with costs then accrued.
10 If within 10 days after service of the offer, the offeree
11 serves written notice that the offer is accepted, either
12 party may then file the offer and notice of acceptance
13 together with proof of service of the notice; the court shall
14 then enter judgment. An offer not accepted shall be deemed
15 withdrawn and evidence of the offer is not admissible except
16 in a proceeding to determine costs. When a dealer or holder
17 does not accept an offer filed with the clerk and served upon
18 the attorney for the dealer or holder more than 30 days
19 before the commencement of trial and if the party seeking
20 relief against a dealer or holder obtains a judgment in an
21 amount equal to or in excess of the offer amount, the party
22 seeking relief shall be paid interest on the offer amount at
23 the rate as provided in Section 2-1303 of the Code of Civil
24 Procedure from the date of the offer until the judgment is
25 paid.
26 (h) At least 30 days prior to the filing of an action
27 under this Section, a party who is seeking relief shall serve
28 a written notice of the nature of the alleged violation and
29 demand for relief upon the prospective party, who is a new
30 vehicle dealer or used vehicle dealer within the meaning of
31 Chapter 5 of the Illinois Vehicle Code or who is the holder
32 of a retail installment contract within the meaning of
33 Section 2.12 of the Motor Vehicle Retail Installment Sales
34 Act, against whom such action will be commenced. Any person
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1 receiving such a demand for relief may, within 30 days of
2 service of the demand for relief, submit a written offer of
3 settlement, which offer is to be exclusive of attorney's
4 fees, to the party serving the notice and demand. The party
5 who is seeking relief must certify in any cause of action
6 that the notice and demand was served upon the named
7 defendants and the substance of their response, if any. If
8 the offer of settlement is rejected in writing by the party
9 who is seeking relief, then, in any subsequent action, the
10 court shall deny any award of attorney's fees and costs
11 requested by the party seeking relief under this Act incurred
12 after the rejection of the written offer of settlement, if
13 the judgment is less than the amount contained within the
14 offer of settlement. All written offers of settlement under
15 this subsection shall be presumed to be offered without
16 prejudice in compromise of a disputed matter.
17 (Source: P.A. 89-144, eff. 1-1-96.)".