IL HB3314

Allows courts to award reasonable attorney's fees to defendants who prevail in actions brought by commercial parties to enforce consumer contracts that contain attorney's fee provisions.

Defendant is considered to prevail if: (1) judgment is entered in defendant's favor, (2) defendant's motion to dismiss is granted, or (3) plaintiff voluntarily dismisses after a trial date is set and the same case was previously dismissed.

Applies to actions filed after the effective date involving consumer contracts for personal, family, or household purposes where the claim amount does not exceed the small claims limit under Illinois Supreme Court Rules.

Does not apply if the commercial party does not request attorney's fees in the complaint or if both parties were represented by counsel during contract negotiations.

Defines "commercial party" as sellers, lenders, lessors, creditors, or assignees, with special provision that debt buyers are covered regardless of when the underlying consumer contract was made or acquired.