Sen. Michael W. Halpin

Filed: 5/3/2023

 

 


 

 


 
10300HB3314sam001LRB103 05921 LNS 61320 a

1
AMENDMENT TO HOUSE BILL 3314

2    AMENDMENT NO. ______. Amend House Bill 3314 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Consumer Contract Reciprocal Attorney's Fees Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Consumer contract" means any contract in which the money,
8property, or service that is the subject of the transaction is
9primarily for personal, family, or household purposes.
10    "Commercial party" means the person from whom money,
11property, or services are acquired under the consumer contract
12that is a seller, lender, participating lender, lessor,
13creditor, or assignee.
14    "Debt buyer" has the meaning given to that term in Section
152 of the Collection Agency Act.
 

 

 

10300HB3314sam001- 2 -LRB103 05921 LNS 61320 a

1    Section 10. Attorney's fees. If a consumer contract allows
2for the recovery of attorney's fees in an action brought by a
3commercial party to enforce the consumer contract, the court
4may award reasonable attorney's fees to the defendant if the
5defendant prevails in the action. A defendant prevails in an
6action if:
7        (1) judgment is entered by the court in favor of the
8    defendant;
9        (2) a motion to dismiss the case is filed by the
10    defendant under Section 2-619 of the Code of Civil
11    Procedure and is granted by the court; or
12        (3) the plaintiff voluntarily dismisses the pending
13    case under Section 2-1009 of the Code of Civil Procedure
14    after a trial date has been set and after the pending case
15    has been previously filed on the same consumer contract
16    and dismissed under Section 2-1009 of the Code of Civil
17    Procedure.
 
18    Section 15. Applicability.
19    (a) This Act applies to any action filed on or after the
20effective date of this Act:
21        (1) with respect to any consumer contract entered into
22    on or after the effective date of this Act; if the
23    commercial party filing the action is a debt buyer, this
24    Act applies irrespective of when the consumer contract was
25    made or acquired by the debt buyer; and

 

 

10300HB3314sam001- 3 -LRB103 05921 LNS 61320 a

1        (2) if the principal amount claimed does not exceed
2    the maximum amount of a judgment allowable for a small
3    claim under the Illinois Supreme Court Rules.
4    (b) Notwithstanding subsection (a), this Act does not
5apply if:
6        (1) the commercial party does not request attorney's
7    fees in its complaint; or
8        (2) each party to the consumer contract was
9    represented by counsel in the negotiation of the consumer
10    contract.
 
11    Section 20. Right to attorney's fees not limited. Nothing
12in this Act shall be construed to apply to or limit the rights
13of any party to attorney's fees under any other contract or as
14authorized in relation to consumer contracts under other
15provisions of State law.".