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IL HB4676

Bill

Status

Failed

1/8/2013

Primary Sponsor

Esther Golar

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

HB4676 - Consumer Remedies Protection Act

  • 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.

  • 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.

  • 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.

  • Provides a 30-day safe harbor allowing parties to waive unlawful contractual provisions after an action is initiated to avoid statutory damages.

  • 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

Committee Referrals

Rules3/9/2012
Judiciary I - Civil Law2/15/2012
Rules2/3/2012

Full Bill Text

No bill text available