Bill Amendment: IL SB0227 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONSUMER FRAUD-TAX COLLECTION

Status: 2021-05-15 - Rule 19(a) / Re-referred to Rules Committee [SB0227 Detail]

Download: Illinois-2021-SB0227-Senate_Amendment_001.html

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Sen. Ann Gillespie

Filed: 3/23/2021

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AMENDMENT TO SENATE BILL 227
AMENDMENT NO. ______. Amend Senate Bill 227 by replacing
everything after the enacting clause with the following:
"Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 10a as follows:
(815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a)
Sec. 10a. Action for actual damages.
(a) 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. The court, in its discretion
may award actual economic damages or any other relief which
the court deems proper; provided, however, that 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 within the meaning of Chapter 5 of the Illinois Vehicle
Code or who is the holder of a retail installment contract

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within the meaning of Section 2.12 of the Motor Vehicle Retail
Installment Sales Act, unless the conduct engaged in was
willful or intentional and done with evil motive or reckless
indifference to the rights of others. Proof of a public
injury, a pattern, or an effect on consumers and the public
interest generally shall be required in order to state a cause
of action under this Section against a party defendant who is a
new vehicle dealer or used vehicle dealer within the meaning
of Chapter 5 of the Illinois Vehicle Code or who is the holder
of a retail installment contract within the meaning of Section
2.12 of the Motor Vehicle Retail Installment Sales Act. Proof
of such public injury may be shown by any one of the following
factors:
(1) Violation of a statute that has a public interest
impact.
(2) Repeated acts prior to the act involving the
plaintiff.
(3) Potential for repetition.
(b) Such action may be commenced in the county in which the
person against whom it is brought resides, has his principal
place of business, or is doing business, or in the county where
the transaction or any substantial portion thereof occurred.
(c) Except as provided in subsections (f), (g), and (h) of
this Section, in any action brought by a person under this
Section, the Court may grant injunctive relief where
appropriate and may award, in addition to the relief provided

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in this Section, reasonable attorney's fees and costs to the
prevailing party.
(d) Upon commencement of any action brought under this
Section the plaintiff shall mail a copy of the complaint or
other initial pleading to the Attorney General and, upon entry
of any judgment or order in the action, shall mail a copy of
such judgment or order to the Attorney General.
(e) Any action for damages under this Section shall be
forever barred unless commenced within 3 years after the cause
of action accrued; provided that, whenever any action is
brought by the Attorney General or a State's Attorney for a
violation of this Act, the running of the foregoing statute of
limitations, with respect to every private right of action for
damages which is based in whole or in part on any matter
complained of in said action by the Attorney General or
State's Attorney, shall be suspended during the pendency
thereof, and for one year thereafter.
(f) At any time more than 30 days before the commencement
of trial, a party, who is a new vehicle dealer or used vehicle
dealer within the meaning of Chapter 5 of the Illinois Vehicle
Code or who is the holder of a retail installment contract
within the meaning of Section 2.12 of the Motor Vehicle Retail
Installment Sales Act and who is defending a claim under this
Act, may serve upon the party seeking relief under this Act an
offer to allow judgment to be taken against the defending
party to the effect specified in the offer with costs then

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accrued. If within 10 days after service of the offer, the
offeree serves written notice that the offer is accepted,
either party may then file the offer and notice of acceptance
together with proof of service of the notice; the court shall
then enter judgment. An offer not accepted shall be deemed
withdrawn and evidence of the offer is not admissible except
in a proceeding to determine costs. When a party seeking
relief under this Act does not accept an offer filed with the
clerk and served upon the attorney for that party more than 30
days before the commencement of trial and when that party
fails to obtain a judgment in an amount more than the total
offer of settlement, that party shall forfeit and the court
may not award any compensation for attorney's fees and costs
incurred after the date of the offer.
(g) At any time more than 30 days before the commencement
of trial, a party who is seeking relief under this Act from a
new vehicle dealer or used vehicle dealer within the meaning
of Chapter 5 of the Illinois Vehicle Code or from the holder of
a retail installment contract within the meaning of Section
2.12 of the Motor Vehicle Retail Installment Sales Act may
serve the dealer or holder an offer to allow judgment to be
taken against the dealer or holder to the effect specified in
the offer with costs then accrued. If within 10 days after
service of the offer, the offeree serves written notice that
the offer is accepted, either party may then file the offer and
notice of acceptance together with proof of service of the

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notice; the court shall then enter judgment. An offer not
accepted shall be deemed withdrawn and evidence of the offer
is not admissible except in a proceeding to determine costs.
When a dealer or holder does not accept an offer filed with the
clerk and served upon the attorney for the dealer or holder
more than 30 days before the commencement of trial and if the
party seeking relief against a dealer or holder obtains a
judgment in an amount equal to or in excess of the offer
amount, the party seeking relief shall be paid interest on the
offer amount at the rate as provided in Section 2-1303 of the
Code of Civil Procedure from the date of the offer until the
judgment is paid.
(h) 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 upon the prospective party, who is a new
vehicle dealer or used vehicle dealer within the meaning of
Chapter 5 of the Illinois Vehicle Code or who is the holder of
a retail installment contract within the meaning of Section
2.12 of the Motor Vehicle Retail Installment Sales Act,
against whom such action will be commenced. Any person
receiving such a demand for relief may, within 30 days of
service of the demand for relief, submit a written offer of
settlement, which offer is to be exclusive of attorney's fees,
to the party serving the notice and demand. The party who is
seeking relief must certify in any cause of action that the

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notice and demand was served upon the named defendants and the
substance of their response, if any. If the offer of
settlement is rejected in writing by the party who is seeking
relief, then, in any subsequent action, the court shall deny
any award of attorney's fees and costs requested by the party
seeking relief under this Act incurred after the rejection of
the written offer of settlement, if the judgment is less than
the amount contained within the offer of settlement. All
written offers of settlement under this subsection shall be
presumed to be offered without prejudice in compromise of a
disputed matter.
(i) No action can be brought under this Section against a
person as a result of an over collection of any tax by such
person to the extent such over collected tax is remitted to a
government entity or agency. For purposes of this Section, a
tax is remitted to a governmental entity or agency when it is
paid or transferred to the government entity or agency, or
taken as a credit, allowance, or offset on a tax return or
other tax form (including any amount of commission or discount
taken by or allowed to a tax collector or taxpayer). This
subsection applies in addition to any other defense to an
action under this Act that may apply.
(Source: P.A. 91-270, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.".