HB 3314

Abstract

Creates the Consumer Reciprocal Attorney's Fees Act. Defines "consumer contract" as any contract in which the money, property, or service that is the subject of the transaction is primarily for personal, family, or household purposes. Provides that if a consumer contract allows for the recovery of attorney's fees in an action brought to enforce the contract, the court may award reasonable attorney's fees to the defendant if the defendant prevails in the action. Provides that the Act applies to any action filed on or after the effective date of the Act where the amount claimed does not exceed the maximum amount of a judgment allowable for a small claim under the Illinois Supreme Court Rules, but does not apply if the plaintiff does not request attorney's fees in the complaint or if each party to the consumer contract was represented by counsel in the negotiation of the contract. Provides that nothing in the Act shall be construed to apply to or limit the rights of any party to attorney's fees under any other contract or other provisions of State law. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Defines "commercial party" and "debt buyer". Sets forth the ways a defendant can prevail in an action under the Act. Provides that if the commercial party filing the action is a debt buyer, the Act applies irrespective of when the consumer contract was made or acquired by the debt buyer. Provides that the Act does not apply if each party to the consumer contract was represented by counsel in the negotiation of the consumer contract.