Public Act 90-0414 of the 90th General Assembly
Public Act 90-0414
SB599 Enrolled LRB9002834RCks
AN ACT in relation to consumer fraud.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Sections 5.449 and 5.450 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The Elderly Victim Fund.
(30 ILCS 105/5.450 new)
Sec. 5.450. The Attorney General Court Ordered and
Voluntary Compliance Payment Projects Fund.
Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 7 as follows:
(815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
Sec. 7. Injunctive relief; restitution; and civil
penalties.
(a) Whenever the Attorney General or a State's Attorney
has reason to believe that any person is using, has used, or
is about to use any method, act or practice declared by this
Act to be unlawful, and that proceedings would be in the
public interest, he or she may bring an action in the name of
the People of the State against such person to restrain by
preliminary or permanent injunction the use of such method,
act or practice. The Court, in its discretion, may exercise
all powers necessary, including but not limited to:
injunction; revocation, forfeiture or suspension of any
license, charter, franchise, certificate or other evidence of
authority of any person to do business in this State;
appointment of a receiver; dissolution of domestic
corporations or association suspension or termination of the
right of foreign corporations or associations to do business
in this State; and restitution.
(b) In addition to the remedies provided herein, the
Attorney General or State's Attorney may request and the
Court may impose a civil penalty in a sum not to exceed
$50,000 against any person found by the Court to have engaged
in any method, act or practice declared unlawful under this
Act. In the event the court finds the method, act or
practice to have been entered into with the intent to
defraud, the court has the authority to impose a civil
penalty in a sum not to exceed $50,000 per violation.
(c) In addition to any other civil penalty provided in
this Section, if a person is found by the court to have
engaged in any method, act, or practice declared unlawful
under this Act, and the violation was committed against a
person 65 years of age or older, the court may impose an
additional civil penalty not to exceed $10,000 for each
violation.
A civil penalty imposed under this subsection (c) shall
be paid to the State treasurer who shall deposit the money in
the State treasury in a special fund designated the Elderly
Victim Fund. Fifty percent of all moneys deposited in the
Fund shall be appropriated to the Attorney General for the
investigation and prosecution of frauds against persons 65
years of age or older and 50% of all moneys in the Fund shall
be appropriated to the Attorney General to develop and
implement State-wide education initiatives to inform persons
65 years of age or older, law enforcement agencies, the
judicial system, social service professionals, and the
general public about prevention of consumer crimes against
persons 65 years of age or older, and about the provisions of
this Section, the penalties for violations of this Section,
and the remedies available for victims of those violations.
An award of restitution under subsection (a) has priority
over a civil penalty imposed by the court under this
subsection.
In determining whether to impose a civil penalty under
this subsection and the amount of any penalty, the court
shall consider the following:
(1) Whether the defendant's conduct was in willful
disregard of the rights of the person 65 years of age or
older.
(2) Whether the defendant knew or should have known
that the defendant's conduct was directed to a person 65
years of age or older.
(3) Whether the person 65 years of age or older was
substantially more vulnerable to the defendant's conduct
because of age, poor health, infirmity, impaired
understanding, restricted mobility, or disability, than
other persons.
(4) Any other factors the court deems appropriate.
(d) This Section applies if: (i) a court orders a party
to make payments to the Attorney General and the payments are
to be used for the operations of the Office of the Attorney
General or (ii) a party agrees, in an Assurance of Voluntary
Compliance under this Act, to make payments to the Attorney
General for the operations of the Office of the Attorney
General.
(e) Moneys paid under any of the conditions described in
subsection (d) shall be deposited into the Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund,
which is created as a special fund in the State Treasury.
Moneys in the Fund shall be used, subject to appropriation,
for the performance of any function pertaining to the
exercise of the duties of the Attorney General including but
not limited to enforcement of any law of this State and
conducting public education programs; however, any moneys in
the Fund that are required by the court or by an agreement to
be used for a particular purpose shall be used for that
purpose.
(Source: P.A. 85-1209.)