Illinois Compiled Statutes

815 ILCS 505/7 (2026)

Injunctive relief; restitution; and civil penalties

✓ current as of May 2026
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(815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
    Sec. 7. Injunctive relief; restitution; and civil penalties.
    (a) Whenever the Attorney General or a State's Attorney has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by this Act to be unlawful, and that proceedings would be in the public interest, he or she may bring an action in the name of the People of the State against such person to restrain by preliminary or permanent injunction the use of such method, act or practice. The Court, in its discretion, may exercise all powers necessary, including but not limited to: injunction; revocation, forfeiture or suspension of any license, charter, franchise, certificate or other evidence of authority of any person to do business in this State; appointment of a receiver; dissolution of domestic corporations or association suspension or termination of the right of foreign corporations or associations to do business in this State; and restitution.
    (b) In addition to the remedies provided herein, the Attorney General or State's Attorney may request and the Court may impose a civil penalty in a sum not to exceed $50,000 against any person found by the Court to have engaged in any method, act or practice declared unlawful under this Act. In the event the court finds the method, act or practice to have been entered into with the intent to defraud, the court has the authority to impose a civil penalty in a sum not to exceed $50,000 per violation.
    (c) In addition to any other civil penalty provided in this Section, if a person is found by the court to have engaged in any method, act, or practice declared unlawful under this Act, and the violation was committed against a person 65 years of age or older, the court may impose an additional civil penalty not to exceed $10,000 for each violation.
    A civil penalty imposed under this subsection (c) shall be paid to the State Treasurer who shall deposit the money in the State treasury in a special fund designated the Department on Aging State Projects Fund. The Treasurer shall deposit such moneys into the Fund monthly. All of the moneys deposited into the Fund shall be appropriated to the Department on Aging for grants to senior centers in Illinois.
    An award of restitution under subsection (a) has priority over a civil penalty imposed by the court under this subsection.
    In determining whether to impose a civil penalty under this subsection and the amount of any penalty, the court shall consider the following:
        (1) Whether the defendant's conduct was in willful
    
disregard of the rights of the person 65 years of age or older.
        (2) Whether the defendant knew or should have known
    
that the defendant's conduct was directed to a person 65 years of age or older.
        (3) Whether the person 65 years of age or older was
    
substantially more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
        (4) Any other factors the court deems appropriate.
    (d) This Section applies if: (i) a court orders a party to make payments to the Attorney General and the payments are to be used for the operations of the Office of the Attorney General or (ii) a party agrees, in an Assurance of Voluntary Compliance under this Act, to make payments to the Attorney General for the operations of the Office of the Attorney General.
    (e) Moneys paid under any of the conditions described in subsection (d) shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund, which is created as a special fund in the State Treasury. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General including but not limited to enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.
(Source: P.A. 102-1071, eff. 6-10-22.)

    
Notes of Decisions
Cited in 24 cases (7 in the last 5 years), 2002–2025 · leading case: Kinkel v. Cingular Wireless, LLC, 857 N.E.2d 250 (Ill. 2006).
Kinkel v. Cingular Wireless, LLC, 857 N.E.2d 250 (Ill. 2006). · cites it 2× “” At oral argument, counsel for Cingular made the related argument that when the class action mechanism is not available to consumers, as under its service agreement, the public is still protected by the provision of the Consumer Fraud Act, which allows the Attorney General to…”
Monette Saccameno v. U.S. Bank Nat'l Ass'n, 943 F.3d 1071 (7th Cir. 2019). · cites it 2× “19-1569 29 forfeiture or suspension of any license … of any person to do business,” 815 ILCS 505/7(a), and though that may give way here to the more specific provisions in the RMLA, that law al- lows revocation of licenses for violation of “any … law, rule or regulation of…”
People, ex rel. Madigan v. United Constr. of Am., 2012 IL App (1st) 120308 (Ill. App. Ct. 2012). · cites it 4× “The first question concerns the pleading requirements for a claim under section 2 of the Act (815 ILCS 505/2 (West 2010)), and the second concerns the pleading requirements for obtaining injunctive and other relief under section 7 (815 ILCS 505/7 (West 2010). ¶2 We do not need…”
People Ex Rel. Devine v. Time Consum. Mktg., Inc., 782 N.E.2d 761 (Ill. App. Ct. 2002). · cites it 3× “815 ILCS 505/7 (West 2000). The State’s Attorney of Cook County initiated the instant case by filing a two-count complaint on behalf of the People of the State of Illinois alleging that the defendant, Time Consumer Marketing, Inc.”
Stand. Mut. Ins. Co. v. Lay, 2013 IL 114617 (Ill. 2013). “2d at 288 (explaining section 7 of Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/7 (West 2010))). We hold that the TCPA is a remedial and not a punitive statute, and that the $500 liquidated damages per violation are not punitive damages.”
Kirkpatrick v. Strosberg, 894 N.E.2d 781 (Ill. App. Ct. 2008). “Because all three of the Gore factors weigh in favor of the trial court’s award of $300,000 in punitive damages, we determine that the award is not grossly excessive and does not violate due process.”
Cnty. of Cook v. Phillip Morris, Inc., 817 N.E.2d 1039 (Ill. App. Ct. 2004). “The plaintiffs contend that they have standing under both the Fraud Act (815 ILCS 505/7, 11a (West 1996)) and the Illinois Antitrust Act (Antitrust Act) (740 ILCS 10/7(2) (West 1996)).”
Grant-Hall v. Cavalry Portfolio Servs., LLC, 856 F. Supp. 2d 929 (N.D. Ill. 2012). “”); 815 ILCS 505/3 (recognizing that a “person” can be held liable under the ICFA); 815 ILCS 505/7 (same); 815 ILCS 505/10a(a) (same).”
Illinois v. SDS West Corp., 640 F. Supp. 2d 1047 (C.D. Ill. 2009). “The Court also notes that the relevance of ICFDBPA's express standing provision, 815 ILCS 505/7, has been largely ignored.”
People v. Smith, 2012 IL App (1st) 113591 (Ill. App. Ct. 2012). · cites it 3× “See 815 ILCS 505/7(a) (West 2008). Section 7(b) allows civil penalties, and it provides as follows: “In addition to the remedies provided herein, *** the Court may impose a civil penalty in a sum not to exceed $50,000 against any person found by the Court to have engaged in any…”
Italia Foods, Inc. v. Sun Tours, Inc., 927 N.E.2d 682 (Ill. App. Ct. 2010). “The Fraud Act provides that a plaintiff may bring an action for actual damages (815 ILCS 505/10a (West 2008)) and that the Attorney General or a State’s Attorney may bring an action seeking an injunction, restitution, or a civil penalty (815 ILCS 505/7 (West 2008)). Similarly,…”
Italia Foods, Inc. v. Sun Tours, Inc., 927 N.E.2d 682 (Ill. App. Ct. 2010). “The Fraud Act provides that a plaintiff may bring an action for actual damages (815 ILCS 505/10a (West 2008)) and that the Attorney General or a State's Attorney may bring an action seeking an injunction, restitution, or a civil penalty (815 ILCS 505/7 (West 2008)). Similarly,…”
— 815 ILCS 505/7(a) — 9 cases
People, ex rel. Madigan v. United Constr. of Am., 2012 IL App (1st) 120308 (Ill. App. Ct. 2012). “The first question concerns the pleading requirements for a claim under section 2 of the Act (815 ILCS 505/2 (West 2010)), and the second concerns the pleading requirements for obtaining injunctive and other relief under section 7 (815 ILCS 505/7 (West 2010). ¶2 We do not need…”
Monette Saccameno v. U.S. Bank Nat'l Ass'n, 943 F.3d 1071 (7th Cir. 2019). “19-1569 29 forfeiture or suspension of any license … of any person to do business,” 815 ILCS 505/7(a), and though that may give way here to the more specific provisions in the RMLA, that law al- lows revocation of licenses for violation of “any … law, rule or regulation of…”
People v. Smith, 2012 IL App (1st) 113591 (Ill. App. Ct. 2012). “See 815 ILCS 505/7(a) (West 2008). Section 7(b) allows civil penalties, and it provides as follows: “In addition to the remedies provided herein, *** the Court may impose a civil penalty in a sum not to exceed $50,000 against any person found by the Court to have engaged in any…”
— 815 ILCS 505/7(b) — 6 cases
Monette Saccameno v. U.S. Bank Nat'l Ass'n, 943 F.3d 1071 (7th Cir. 2019). “19-1569 29 forfeiture or suspension of any license … of any person to do business,” 815 ILCS 505/7(a), and though that may give way here to the more specific provisions in the RMLA, that law al- lows revocation of licenses for violation of “any … law, rule or regulation of…”
People Ex Rel. Devine v. Time Consum. Mktg., Inc., 782 N.E.2d 761 (Ill. App. Ct. 2002). “815 ILCS 505/7 (West 2000). The State’s Attorney of Cook County initiated the instant case by filing a two-count complaint on behalf of the People of the State of Illinois alleging that the defendant, Time Consumer Marketing, Inc.”
People v. Smith, 2012 IL App (1st) 113591 (Ill. App. Ct. 2012). “See 815 ILCS 505/7(a) (West 2008). Section 7(b) allows civil penalties, and it provides as follows: “In addition to the remedies provided herein, *** the Court may impose a civil penalty in a sum not to exceed $50,000 against any person found by the Court to have engaged in any…”
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