Bill Text: IL HB3314 | 2023-2024 | 103rd General Assembly | Chaptered

---

Bill Title: Creates the Consumer Reciprocal Attorney's Fees Act. Defines "consumer contract" as any contract in which the money, property, or service that is the subject of the transaction is primarily for personal, family, or household purposes. Provides that if a consumer contract allows for the recovery of attorney's fees in an action brought to enforce the contract, the court may award reasonable attorney's fees to the defendant if the defendant prevails in the action. Provides that the Act applies to any action filed on or after the effective date of the Act where the amount claimed does not exceed the maximum amount of a judgment allowable for a small claim under the Illinois Supreme Court Rules, but does not apply if the plaintiff does not request attorney's fees in the complaint or if each party to the consumer contract was represented by counsel in the negotiation of the contract. Provides that nothing in the Act shall be construed to apply to or limit the rights of any party to attorney's fees under any other contract or other provisions of State law.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0344 [HB3314 Detail]

Download: Illinois-2023-HB3314-Chaptered.html

---

Public Act 103-0344
HB3314 Enrolled LRB103 05921 LNS 50942 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Consumer Contract Reciprocal Attorney's Fees Act.
Section 5. Definitions. As used in this Act:
"Consumer contract" means any contract in which the money,
property, or service that is the subject of the transaction is
primarily for personal, family, or household purposes.
"Commercial party" means the person from whom money,
property, or services are acquired under the consumer contract
that is a seller, lender, participating lender, lessor,
creditor, or assignee.
"Debt buyer" has the meaning given to that term in Section
2 of the Collection Agency Act.
Section 10. Attorney's fees. If a consumer contract allows
for the recovery of attorney's fees in an action brought by a
commercial party to enforce the consumer contract, the court
may award reasonable attorney's fees to the defendant if the
defendant prevails in the action. A defendant prevails in an
action if:
(1) judgment is entered by the court in favor of the

defendant;
(2) a motion to dismiss the case is filed by the
defendant under Section 2-619 of the Code of Civil
Procedure and is granted by the court; or
(3) the plaintiff voluntarily dismisses the pending
case under Section 2-1009 of the Code of Civil Procedure
after a trial date has been set and after the pending case
has been previously filed on the same consumer contract
and dismissed under Section 2-1009 of the Code of Civil
Procedure.
Section 15. Applicability.
(a) This Act applies to any action filed on or after the
effective date of this Act:
(1) with respect to any consumer contract entered into
on or after the effective date of this Act; if the
commercial party filing the action is a debt buyer, this
Act applies irrespective of when the consumer contract was
made or acquired by the debt buyer; and
(2) if the principal amount claimed does not exceed
the maximum amount of a judgment allowable for a small
claim under the Illinois Supreme Court Rules.
(b) Notwithstanding subsection (a), this Act does not
apply if:
(1) the commercial party does not request attorney's
fees in its complaint; or

(2) each party to the consumer contract was
represented by counsel in the negotiation of the consumer
contract.
Section 20. Right to attorney's fees not limited. Nothing
in this Act shall be construed to apply to or limit the rights
of any party to attorney's fees under any other contract or as
authorized in relation to consumer contracts under other
provisions of State law.