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IL HB4676
Bill
Status
1/8/2013
Primary Sponsor
Esther Golar
Click for details
AI Summary
HB4676 - Consumer Remedies Protection Act
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Creates the Consumer Remedies Protection Act to void consumer adhesion contracts (standardized contracts presented without meaningful negotiation) as a matter of public policy when a party with substantially superior bargaining power causes public injury.
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Defines "limiting clause" broadly to include forum selection, choice of law, liability waivers, mandatory arbitration, class action waivers, and damage limitations in consumer adhesion contracts.
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Establishes a private right of action for consumers allowing recovery of either actual damages or statutory damages of $10 per consumer, plus reasonable attorney's fees and costs.
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Provides a 30-day safe harbor allowing parties to waive unlawful contractual provisions after an action is initiated to avoid statutory damages.
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Declares any limiting clause that leaves consumers with no practical and meaningful remedy shall be void.
Legislative Description
CONSUMER REMEDIES PROTECTION
Last Action
Session Sine Die
1/8/2013