Illinois Compiled Statutes
815 ILCS 505/10c (2026)
Waiver or modification
✓ current as of May 2026
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(815 ILCS 505/10c)
Sec. 10c.
Waiver or modification.
Any waiver or modification of the
rights, provisions, or remedies of this Act shall be void and
unenforceable.
(Source: P.A. 93-400, eff. 1-1-04.)
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2008–2023 · leading case: Tortoriello v. Gerald Nissan of North Aurora, Inc., 882 N.E.2d 157 (Ill. App. Ct. 2008).
Tortoriello v. Gerald Nissan of North Aurora, Inc., 882 N.E.2d 157 (Ill. App. Ct. 2008). “Section 10c of the Consumer Fraud Act (815 ILCS 505/10c (West 2004)) provides: “Any waiver or modification of the rights, provisions, or remedies of this Act shall be void and unenforceable.”
Bain v. Airoom, LLC, 2022 IL App (1st) 211001 (Ill. App. Ct. 2022). “” 815 ILCS 505/10c (West 2018). ¶ 34 The circuit court struck the ban on collecting punitive damages from Airoom’s arbitration agreement, and Airoom did not file a cross-appeal from that ruling.”
RBS Citizens, Nat'l Ass'n v. RTG-Oak Lawn, LLC, 943 N.E.2d 198 (Ill. App. Ct. 2011). “815 ILCS 505/10c (West 2006). Accordingly, we will not consider those claims to be waived.”
Turner v. Concord Nursing & Rehab. Ctr., LLC, 2023 IL App (1st) 221721 (Ill. App. Ct. 2023). “¶ 33 (quoting 815 ILCS 505/10c (West 2018)). We held that, because an arbitrator could not award Bain either attorney’s fees or punitive damages, the agreement impermissibly limited the homeowner’s recovery and thereby was unconscionable for contravening clear statutory language.”
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