Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

410 ILCS 513/40

(410 ILCS 513/40)

Sec. 40. Right of action.

(a) Any person aggrieved by a violation of this
Act
shall have a right of action in a State
circuit court or as a supplemental claim in a federal district court against an offending party. A prevailing party may recover for each violation:

(1) Against any party who negligently violates a

provision of this Act, liquidated damages of $2,500 or actual damages, whichever is greater.

(2) Against any party who intentionally or recklessly

violates a provision of this Act, liquidated damages of $15,000 or actual damages, whichever is greater.

(3) Reasonable attorney's fees and costs, including

expert witness fees and other litigation expenses.

(4) Such other relief, including an injunction, as

the State or federal court may deem appropriate.

(b) Article XL of the Illinois Insurance Code shall provide the exclusive
remedy for violations of Section 30 by insurers.

(c) Notwithstanding any provisions of the law to the
contrary, any person alleging a violation of subsection (a) of Section 15, subsection (b)
of Section 25, Section 30, Section 31, or Section 35 of this Act shall have a right of action in a
State circuit court or as a supplemental claim in a federal
district court to seek a preliminary injunction preventing the
release or disclosure of genetic testing or genetic information
pending the final resolution of any action under this Act.

(Source: P.A. 98-1046, eff. 1-1-15.)