ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/28-8 (2026)

Gambling losses recoverable

✓ current as of May 2026
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(720 ILCS 5/28-8) (from Ch. 38, par. 28-8)
    Sec. 28-8. Gambling losses recoverable.
    (a) Any person who by gambling shall lose to any other person, any sum of money or thing of value, amounting to the sum of $50 or more and shall pay or deliver the same or any part thereof, may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court. No person who accepts from another person for transmission, and transmits, either in his own name or in the name of such other person, any order for any transaction to be made upon, or who executes any order given to him by another person, or who executes any transaction for his own account on, any regular board of trade or commercial, commodity or stock exchange, shall, under any circumstances, be deemed a "winner" of any moneys lost by such other person in or through any such transactions.
    (b) If within 6 months, such person who under the terms of Subsection 28-8(a) is entitled to initiate action to recover his losses does not in fact pursue his remedy, any person may initiate a civil action against the winner. The court or the jury, as the case may be, shall determine the amount of the loss. After such determination, the court shall enter a judgment of triple the amount so determined.
    (c) Gambling losses as a result of gambling conducted on a video gaming terminal licensed under the Video Gaming Act are not recoverable under this Section.
(Source: P.A. 98-31, eff. 6-24-13.)

    
Notes of Decisions
Cited in 6 cases, 1994–2020 · leading case: Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020).
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Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020). · cites it 3× “OPINION ¶1 In this case, we must determine whether the loser of a head-to-head contest on a daily fantasy sports website may recover money lost to the winner of the contest under section 28-8(a) of the Criminal Code of 2012 (720 ILCS 5/28-8(a) (West 2014)). For the following…”
Phillips v. Double Down Interactive LLC, 173 F. Supp. 3d 731 (N.D. Ill. 2016). · cites it 5× “720 ILCS 5/28-8, That section creates a cause of action to recover gambling losses: “Any person who by gambling .”
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016). · cites it 3× “Plaintiffs allege that Sky Union violated the Illinois Loss Recovery Act (ILRA), 720 ILCS 5/28-8(a) (Count 4), the Illinois Prizes and Gifts Act (IPGA), 815 ILCS 525/40 (Count 5), and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), 815 ILCS § 505/1…”
Dew-Becker v. Wu, 2018 IL App (1st) 171675 (Ill. App. Ct. 2018). · cites it 5× “Plaintiff argues that in reaching its decision, the trial court erroneously interpreted section 28-8 of the Criminal Code of 2012 (hereinafter the Illinois Loss Recovery Act 1 or Act), ( 720 ILCS 5/28-8 (West 2014) ), which provides a cause of action for damages to the loser of…”
Moushon v. AAA Amusement, Inc., 641 N.E.2d 1201 (Ill. App. Ct. 1994). · cites it 2× “ORDER MODIFIED UPON DENIAL OF REHEARING Justice GREEN delivered the opinion of the court: This case concerns section 28-8 of the Criminal Code of 1961 (Code) (720 ILCS 5/28-8 (West 1992)), which provides a cause of action for treble damages to the loser of certain illegal bets…”
Lawson v. Iaderosa, 2020 IL App (3d) 180609 (Ill. App. Ct. 2020). · cites it 2× “OPINION ¶1 Sandra Lawson appealed the dismissal of her claims filed under section 28-8 of the Criminal Code of 2012 (hereinafter the Loss Recovery Act) 1 (720 ILCS 5/28-8 (West 2016)) against several defendants to recover the gambling losses of her son.”
— 720 ILCS 5/28-8(a) — 5 cases
Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020). “OPINION ¶1 In this case, we must determine whether the loser of a head-to-head contest on a daily fantasy sports website may recover money lost to the winner of the contest under section 28-8(a) of the Criminal Code of 2012 (720 ILCS 5/28-8(a) (West 2014)). For the following…”
Phillips v. Double Down Interactive LLC, 173 F. Supp. 3d 731 (N.D. Ill. 2016). “720 ILCS 5/28-8, That section creates a cause of action to recover gambling losses: “Any person who by gambling .”
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016). “Plaintiffs allege that Sky Union violated the Illinois Loss Recovery Act (ILRA), 720 ILCS 5/28-8(a) (Count 4), the Illinois Prizes and Gifts Act (IPGA), 815 ILCS 525/40 (Count 5), and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), 815 ILCS § 505/1…”
Dew-Becker v. Wu, 2018 IL App (1st) 171675 (Ill. App. Ct. 2018). “Plaintiff argues that in reaching its decision, the trial court erroneously interpreted section 28-8 of the Criminal Code of 2012 (hereinafter the Illinois Loss Recovery Act 1 or Act), ( 720 ILCS 5/28-8 (West 2014) ), which provides a cause of action for damages to the loser of…”
Lawson v. Iaderosa, 2020 IL App (3d) 180609 (Ill. App. Ct. 2020). “OPINION ¶1 Sandra Lawson appealed the dismissal of her claims filed under section 28-8 of the Criminal Code of 2012 (hereinafter the Loss Recovery Act) 1 (720 ILCS 5/28-8 (West 2016)) against several defendants to recover the gambling losses of her son.”
— 720 ILCS 5/28-8(c) — 1 case
Dew-Becker v. Wu, 2018 IL App (1st) 171675 (Ill. App. Ct. 2018). “Plaintiff argues that in reaching its decision, the trial court erroneously interpreted section 28-8 of the Criminal Code of 2012 (hereinafter the Illinois Loss Recovery Act 1 or Act), ( 720 ILCS 5/28-8 (West 2014) ), which provides a cause of action for damages to the loser of…”
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