Illinois has adopted the Uniform Deceptive Trade Practices Act. The Act is provided under Chapter 815, Section 510 et seq of the Illinois Compiled Statutes.
Section 815 ILCS 510/2 of the Statute prohibits false and fraudulent advertisements. A private person may bring an action against damage from deceptive trade practice of another. The Court may grant injunctive relief upon such actions. Costs and attorney fees can be recovered only if the Court finds willful engagement in a deceptive trade practice.
815 ILCS 505/7 of the Consumer Fraud and Deceptive Business Practices Act empowers an Attorney General or a State’s Attorney to bring an action in the name of the people of the State against violation of the provisions of the Act. The Court may issue a preliminary or permanent injunction on the use of such method, act or practice. The Court, in its discretion, may also order injunction, restitution, or revocation, forfeiture or suspension of any license, charter, franchise, certificate or other evidence of authority of any person to do business in Illinois. Additionally, the Court can appoint a receiver; dissolve domestic corporations or associations; suspend or terminate the right of foreign corporations or associations to do business in Illinois. The Attorney General or State’s Attorney may also request the Court to impose a civil penalty not exceeding $ 50,000 against any person found by the Court to have engaged in any method, act or practice declared unlawful under this Act.
Pursuant to Section 720 ILCS 5/17-11, any person who tampers with the odometer of a vehicle shall be guilty of a Class A misdemeanor. A second or subsequent violation shall be guilty of a Class 4 felony.
§ 815 ILCS 510/2
Deceptive trade practices
Sec. 2. Deceptive trade practices. (a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, the person:
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(9) advertises goods or services with intent not to sell them as advertised;
(10) advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
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§ 815 ILCS 510/3
[Injunctive relief]
Sec. 3. A person likely to be damaged by a deceptive trade practice of another may be granted injunctive relief upon terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.
Costs or attorneys’ fees or both may be assessed against a defendant only if the court finds that he has wilfully engaged in a deceptive trade practice.
The relief provided in this Section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State.
§ 815 ILCS 505/7
Injunctive relief; restitution; and civil penalties
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.
§ 720 ILCS 5/17-11
Odometer Fraud
Sec. 17-11. Odometer Fraud. Any person who shall, with intent to defraud another, disconnect, reset, or alter, or cause to be disconnected, reset or altered, the odometer of any used motor vehicle with the intent to conceal or change the actual miles driven shall be guilty of a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section shall be guilty of a Class 4 felony. This Section shall not apply to legitimate business practices of automotive parts recyclers who recycle used odometers for resale.
