(205 ILCS 740/14a) (was 225 ILCS 425/14a)
(Section scheduled to be repealed on January 1, 2026)
Sec. 14a. Unlicensed practice; Injunctions. The practice as a
collection agency by any person not holding a valid and current license
under this Act is declared to be inimical to the public welfare, to
constitute a public nuisance, and to cause irreparable harm to the public
welfare. The Secretary, the Attorney General, the State's Attorney of any
county in the State, or any person may maintain an action in the name of
the People of the State of Illinois, and may apply for injunctive relief in
any circuit court to enjoin such entity from engaging in such practice.
Upon the filing of a verified petition in such court, the court, if
satisfied by affidavit or otherwise that such entity has been engaged in
such practice without a valid and current license, may enter a temporary
restraining order without notice or bond, enjoining the defendant from such
further practice. Only the showing of non-licensure, by affidavit or
otherwise, is necessary in order for a temporary injunction to issue. A
copy of the verified complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil cases except as
modified by this Section. If it is established that the defendant has been
or is engaged in such unlawful practice, the court may enter an order or
judgment perpetually enjoining the defendant from further practice. In all
proceedings hereunder, the court, in its discretion, may apportion the
costs among the parties interested in the action, including cost of filing
the complaint, service of process, witness fees and expenses, court
reporter charges and reasonable attorneys' fees. In case of violation of
any injunctive order entered under the provisions of this Section, the court
may summarily try and punish the offender for contempt of court. Such
injunction proceedings shall be in addition to, and not in lieu of, all
penalties and other remedies provided in this Act.
(Source: P.A. 99-227, eff. 8-3-15.)
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