ILCS » Chapter 220 · Act 5
Illinois Compiled Statutes

220 ILCS 5/5-201 (2026)

In case any public utility shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done either by any provisions of this Act or any rule, regulation, order or decision of the Commission, issued under authority of this Act, the public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omission was wilful, the court may in addition to the actual damages, award damages for the sake of example and by the way of punishment

✓ current as of May 2026
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(220 ILCS 5/5-201) (from Ch. 111 2/3, par. 5-201)
    Sec. 5-201. In case any public utility shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done either by any provisions of this Act or any rule, regulation, order or decision of the Commission, issued under authority of this Act, the public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omission was wilful, the court may in addition to the actual damages, award damages for the sake of example and by the way of punishment. An action to recover for such loss, damage or injury may be brought in the circuit court by any person or corporation.
    In every case of a recovery of damages by any person or corporation under the provisions of this Section, the plaintiff shall be entitled to a reasonable attorney's fee to be fixed by the court, which fee shall be taxed and collected as part of the costs in the case.
    No recovery as in this Section provided shall in any manner affect a recovery by the State of the penalties in this Act provided.
(Source: P.A. 84-617.)

    
Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1994–2025 · leading case: In Re Illinois Bell Switching Station Litig., 641 N.E.2d 440 (Ill. 1994).
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In Re Illinois Bell Switching Station Litig., 641 N.E.2d 440 (Ill. 1994). · cites it 7× “The source of plaintiffs' remedy is section 5-201 of the Act (220 ILCS 5/5-201 (West 1992)). That section, which is applicable to Illinois Bell by virtue of section 13— 101 of the Universal Telephone Service Protection Law of 1985 (220 ILCS 5/13-101 (West 1992)), provides: "In…”
Sheffler v. Commonwealth Edison Co., 955 N.E.2d 1110 (Ill. 2011). · cites it 2× “Consequently, the customers filed a class action complaint seeking to recover economic losses incurred due to the loss of telephone service, pursuant to section 5-201 of the Act (220 ILCS 5/5-201 (West 1992)). Illinois Bell argued that its filed tariff defined the limits of its…”
North River Ins. v. Jones, 655 N.E.2d 987 (Ill. App. Ct. 1995). · cites it 2× “220 ILCS 5/5-201 (West 1992). That section of the Act provides: "In case any public utility shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done…”
Vill. of Deerfield v. Commonwealth Edison Co., 929 N.E.2d 1 (Ill. App. Ct. 2010). “be unlawful, or shall omit to do any act, matter or thing required to be done either by any provisions of this Act or any rule, regulation, order or decision of the Commission, issued under authority of this Act, the public utility shall be liable to the persons or corporations…”
Donald L. Hoesly v. Chicago Cent. & Pac. R.R. Co., 153 F.3d 478 (7th Cir. 1998). · cites it 2× “220 ILCS 5/5-201 (emphasis added). Hoesly claims that Chicago Central violated two of those regulations, Ill.”
Thomas v. Peoples Gas Light & Coke Co., 2011 IL App (1st) 102868 (Ill. App. Ct. 2011). “ulation, order or decision of the Commission, issued under authority of this Act, the public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or…”
Durica v. Commonwealth Edison Co., 2015 IL App (1st) 140076 (Ill. App. Ct. 2015). · cites it 4× “220 ILCS 5/5-201 (West 2010). ¶ 11 The Duricas further argued that the Sheffler decision did not mandate ICC jurisdiction, as that decision had recognized a distinction between claims for reparations that are subject to the exclusive jurisdiction of the ICC and claims for civil…”
Illinois Bell Tel. Co. v. GLOBAL NAPS ILLINOIS, INC., 749 F. Supp. 2d 819 (N.D. Ill. 2010). “of this Act [which includes 220 ILCS 5/5-201] are fully and equally applicable to competitive telecommunications rates and services, and the regulation thereof .”
Greenside Props., LLC v. Peoples Gas Light & Coke Co., 2017 IL App (1st) 162821 (Ill. App. Ct. 2017). “, or shall omit to do any act, matter or thing required to be done either by any provisions of this Act or any rule, regulation, order or decision of the Commission, issued under authority of this Act, the public utility shall be liable to the persons or corporations affected…”
Durica v. Commonwealth Edison Co., 2015 IL App (1st) 140076 (Ill. App. Ct. 2015). · cites it 3× “220 ILCS 5/5-201 (West 2010). ¶ 10 The Duricas further argued that the Sheffler decision did not mandate ICC jurisdiction, as that decision had recognized a distinction between claims for reparations that are subject to the exclusive jurisdiction of the ICC and claims for civil…”
Hawkins v. Commonwealth Edison Co., 2015 IL App (1st) 133678 (Ill. App. Ct. 2015). “” 220 ILCS 5/5-201 (West 2012). ¶ 13 Taken together, the Act provides that a claim for reparations is within the jurisdiction of the Commission, while a claim for civil damages lies within the circuit court’s jurisdiction.”
Hawkins v. Commonwealth Edison Co., 2015 IL App (1st) 133678 (Ill. App. Ct. 2015). “ct, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done either by any provisions of this Act or any rule, regulation, order or decision of the Commission, issued under authority of this Act, the…”
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