ILCS » Chapter 410 · Act 305
Illinois Compiled Statutes

410 ILCS 305/13 (2026)

Any person aggrieved by a violation of this Act or of a regulation promulgated hereunder shall have a right of action in the circuit court and may recover for each violation:     (1) Against any person who negligently violates a provision of this Act or the regulations promulgated hereunder, liquidated damages of $2,000 or actual damages, whichever is greater

✓ current as of May 2026
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(410 ILCS 305/13) (from Ch. 111 1/2, par. 7313)
    Sec. 13. Any person aggrieved by a violation of this Act or of a regulation promulgated hereunder shall have a right of action in the circuit court and may recover for each violation:
    (1) Against any person who negligently violates a provision of this Act or the regulations promulgated hereunder, liquidated damages of $2,000 or actual damages, whichever is greater.
    (2) Against any person who intentionally or recklessly violates a provision of this Act or the regulations promulgated hereunder, liquidated damages of $10,000 or actual damages, whichever is greater.
    (3) Reasonable attorney fees.
    (4) Such other relief, including an injunction, as the court may deem appropriate.
(Source: P.A. 95-7, eff. 6-1-08.)

    
Notes of Decisions
Cited in 6 cases, 2000–2019 · leading case: Doe v. Chand, 781 N.E.2d 340 (Ill. App. Ct. 2002).
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Doe v. Chand, 781 N.E.2d 340 (Ill. App. Ct. 2002). · cites it 8× “For example, section 5 of the Act provides that no physician may order an HIV test without making available to the person being tested information about the meaning of the test results, the availability of additional testing, and the availability of referrals for future…”
Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Ct. 2018). · cites it 6× “Its "Right of Action" section ( 410 ILCS 305/13 (West 2016) ) is virtually identical to the "Right of Action" section, or section 20, in the Act at issue ( 740 ILCS 14/20 (West 2016) ).”
Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Ct. 2019). · cites it 6× “Section 13 in the AIDS Confidentiality Act provides in full: “Any person aggrieved by a violation of this Act or of a regulation promulgated hereunder shall have a right of action in the circuit court and may recover for each violation: (1) Against any person who negligently…”
Glasco v. Marony, 808 N.E.2d 1107 (Ill. App. Ct. 2004). · cites it 2× “See 410 ILCS 305/13 (West 2000). On February 1, 2002, the defendants filed their request for admissions, along with their certificate of service, indicating that they had mailed the request to the plaintiff's attorney on January 28, 2002.”
Doe v. Chand Corrected Opinion (Ill. App. Ct. 2002). · cites it 4× “There are numerous provisions of the Act the violation of which gives rise to no cause of action at common law. For example, section 5 of the Act provides that no physician may order an HIV test without making available to the person being tested information about the meaning of…”
Bitner v. Pekin Mem'l Hosp., 741 N.E.2d 1075 (Ill. App. Ct. 2000). “410 ILCS 305/13 (West 1998). Plaintiffs contend that section 9(i) creates a right of action for a law enforcement officer who is denied access to a suspect’s test results.”
— 410 ILCS 305/13(1) — 2 cases
Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Ct. 2018). “Its "Right of Action" section ( 410 ILCS 305/13 (West 2016) ) is virtually identical to the "Right of Action" section, or section 20, in the Act at issue ( 740 ILCS 14/20 (West 2016) ).”
Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Ct. 2019). “Section 13 in the AIDS Confidentiality Act provides in full: “Any person aggrieved by a violation of this Act or of a regulation promulgated hereunder shall have a right of action in the circuit court and may recover for each violation: (1) Against any person who negligently…”
— 410 ILCS 305/13(3) — 2 cases
Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Ct. 2018). “Its "Right of Action" section ( 410 ILCS 305/13 (West 2016) ) is virtually identical to the "Right of Action" section, or section 20, in the Act at issue ( 740 ILCS 14/20 (West 2016) ).”
Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Ct. 2019). “Section 13 in the AIDS Confidentiality Act provides in full: “Any person aggrieved by a violation of this Act or of a regulation promulgated hereunder shall have a right of action in the circuit court and may recover for each violation: (1) Against any person who negligently…”
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