Bill Text: IL SB3548 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the New Vehicle Buyer Protection Act. Changes the definition of "express warranty" to provide that the term means (i) any written affirmation of fact or written promise made in connection with the sale of a new vehicle by a seller to a consumer that relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is defect-free or will meet a specified level of performance over a specified period of time or (ii) any undertaking in writing in connection with the sale by a seller of a new vehicle to refund, repair, replace, or take other remedial action with respect to the new vehicle in the event that the vehicle fails to meet the specifications set forth in the undertaking, if the written affirmation, promise, undertaking becomes part of the basis of the bargain between the seller and the consumer for purposes other than resale of the vehicle (instead of providing that the term has the same meaning as in the Uniform Commercial Code). Provides that if a consumer finally prevails in an action brought under the Act, the court may allow the consumer to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses (including attorney's fees based on actual time expended) determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action, unless the court in its discretion determines that such an award of attorney's fees would be inappropriate. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3548 Detail]

Download: Illinois-2009-SB3548-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3548 Introduced 2/10/2010, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED:
815 ILCS 380/2 from Ch. 121 1/2, par. 1202
815 ILCS 380/4.5 new
Amends the New Vehicle Buyer Protection Act. Changes the definition of "express warranty to provide that the term means (i) any written affirmation of fact or written promise made in connection with the sale of a new vehicle by a seller to a consumer that relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is defect-free or will meet a specified level of performance over a specified period of time or (ii) any undertaking in writing in connection with the sale by a seller of a new vehicle to refund, repair, replace, or take other remedial action with respect to the new vehicle in the event that the vehicle fails to meet the specifications set forth in the undertaking, if the written affirmation, promise, undertaking becomes part of the basis of the bargain between the seller and the consumer for purposes other than resale of the vehicle (instead of providing that the term has the same meaning as in the Uniform Commercial Code). Provides that if a consumer finally prevails in an action brought under the Act, the court may allow the consumer to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses (including attorney's fees based on actual time expended) determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action, unless the court in its discretion determines that such an award of attorney's fees would be inappropriate. Effective immediately.
LRB096 16141 DRJ 31391 b
A BILL FOR
SB3548 LRB096 16141 DRJ 31391 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The New Vehicle Buyer Protection Act is amended
by changing Section 2 and by adding Section 4.5 as follows:
(815 ILCS 380/2) (from Ch. 121 1/2, par. 1202)
Sec. 2. Definitions. For the purposes of this Act, the
following words have the meanings ascribed to them in this
Section.
(a) "Consumer" means an individual who purchases or leases
for a period of at least one year a new vehicle from the seller
for the purposes of transporting himself and others, as well as
their personal property, for primarily personal, household or
family purposes or a fire department, fire protection district,
or township fire department that purchases or leases for a
period of at least one year a new vehicle from the seller.
(b) "Express warranty" means:
(1) any written affirmation of fact or written promise
made in connection with the sale of a new vehicle by a
seller to a consumer that relates to the nature of the
material or workmanship and affirms or promises that the
material or workmanship is defect-free or will meet a
specified level of performance over a specified period of

SB3548 - 2 - LRB096 16141 DRJ 31391 b
time, if the written affirmation or promise becomes part of
the basis of the bargain between the seller and the
consumer for purposes other than resale of the vehicle; or
(2) any undertaking in writing in connection with the
sale by a seller of a new vehicle to refund, repair,
replace, or take other remedial action with respect to the
new vehicle in the event that the vehicle fails to meet the
specifications set forth in the undertaking, if the written
undertaking becomes part of the basis of the bargain
between the seller and the consumer for purposes other than
resale of the vehicle. has the same meaning, for the
purposes of this Act, as it has for the purposes of the
Uniform Commercial Code.
(c) "New vehicle" means a passenger car, as defined in
Section 1-157 of the Illinois Vehicle Code, a motor vehicle of
the Second Division having a weight of under 8,000 pounds, as
defined in Section 1-146 of that Code, a vehicle purchased by a
fire department, a fire protection district, or a township fire
department, and a recreational vehicle, except for a camping
trailer or travel trailer that does not qualify under the
definition of a used motor vehicle, as set forth in Section
1-216 of that Code.
(d) "Nonconformity" refers to a new vehicle's failure to
conform to all express warranties applicable to such vehicle,
which failure substantially impairs the use, market value or
safety of that vehicle.

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(e) "Seller" means the manufacturer of a new vehicle, that
manufacturer's agent or distributor or that manufacturer's
authorized dealer. "Seller" also means, with respect to a new
vehicle which is also a modified vehicle, as defined in Section
1-144.1 of the Illinois Vehicle Code, as now or hereafter
amended, the person who modified the vehicle and that person's
agent or distributor or that person's authorized dealer.
"Seller" also means, with respect to leased new vehicles, the
manufacturer, that manufacturer's agent or distributor or that
manufacturer's dealer, who transfers the right to possession
and use of goods under a lease.
(f) "Statutory warranty period" means the period of one
year or 12,000 miles, whichever occurs first after the date of
the delivery of a new vehicle to the consumer who purchased or
leased it.
(g) "Lease cost" includes deposits, fees, taxes, down
payments, periodic payments, and any other amount paid to a
seller by a consumer in connection with the lease of a new
vehicle.
(Source: P.A. 95-802, eff. 1-1-09.)
(815 ILCS 380/4.5 new)
Sec. 4.5. Civil action; consumer's costs and expenses;
attorney's fees. If a consumer finally prevails in an action
brought under this Act, the court may allow the consumer to
recover as part of the judgment a sum equal to the aggregate

SB3548 - 4 - LRB096 16141 DRJ 31391 b
amount of costs and expenses determined by the court to have
been reasonably incurred by the consumer for or in connection
with the commencement and prosecution of the action. The sum
may include an award of attorney's fees based on actual time
expended, unless the court in its discretion determines that
such an award of attorney's fees would be inappropriate.
Section 99. Effective date. This Act takes effect upon
becoming law.