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Illinois Compiled Statutes

815 ILCS 513/35 (2026)

Enforcement

✓ current as of May 2026
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(815 ILCS 513/35)
    Sec. 35. Enforcement.
    (a) The Attorney General or the State's Attorney of any county in this State may bring an action in the name of the people of this State against any person to restrain and prevent any pattern or practice violation of this Act. In the enforcement of this Act, the Attorney General or the State's Attorney may accept an assurance of voluntary compliance from anyone engaged in any conduct, act, or practice deemed in violation of this Act. Failure to perform the terms of any such assurance constitutes prima facie evidence of a violation of this Act.
    (b) All remedies, penalties, and authority granted to the Attorney General or the State's Attorney of any county in this State by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for enforcement of this Act, and any violation of this Act shall constitute a violation of the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 91-230, eff. 1-1-00.)

    
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 2008–2025 · leading case: Fandel v. Allen, 937 N.E.2d 1124 (Ill. App. Ct. 2010).
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Fandel v. Allen, 937 N.E.2d 1124 (Ill. App. Ct. 2010). · cites it 22× “" 815 ILCS 513/35 (West 2006). Section 35(b) also states that "[a]ll remedies, penalties, and authority granted" to the Attorney General or the State's Attorney "by the Consumer Fraud and Deceptive Business Practices Act [(815 ILCS 505/1 et seq.”
MD Elec. Contractors, Inc. v. Abrams, 888 N.E.2d 54 (Ill. 2008). · cites it 8× “" 815 ILCS 513/35 (West 2004). In enforcing the Act, either the Attorney General or the State's Attorney "may accept an assurance of voluntary compliance from anyone engaged in any conduct, act, or practice deemed in violation of this Act.”
K. Miller Const. Co., Inc. v. McGinnis, 913 N.E.2d 1147 (Ill. App. Ct. 2009). · cites it 2× “The majority reaches a fair result, but it does not follow the law.”
Artisan Design Build, Inc. v. Bilstrom, 397 Ill. App. 3d 317 (Ill. App. Ct. 2009). · cites it 2× “Section 35 states that the Act may be enforced by the Attorney General or the State’s Attorney of any county, that all remedies, penalties, and authority granted to the Attorney General or the State’s Attorney of any county by the Consumer Fraud and Deceptive Business Practices…”
Roberts v. Adkins, 921 N.E.2d 802 (Ill. App. Ct. 2010). · cites it 2× “815 ILCS 513/30 (West 2006). Section 35 addresses enforcement of the Act.”
Kunkel v. P.K. Dependable Constr., LLC, 902 N.E.2d 769 (Ill. App. Ct. 2009). “) 815 ILCS 513/35(a), (b) (West 2002). An interpretation of subsection (b) that would provide a private right of action is seemingly incongruent with subsection (a), which provides for the enforcement of the Home Repair and Remodeling Act by the Attorney General or a State’s…”
Universal Structures, Ltd. v. Buchman, 937 N.E.2d 668 (Ill. App. Ct. 2010). · cites it 6× “” 815 ILCS 513/35 (West 2008). Section 5 of the Act sets forth the policy statement of the general assembly in enacting the statute.”
Fleissner v. Fitzgerald, 937 N.E.2d 1152 (Ill. App. Ct. 2010). ““All remedies, penalties, and authority granted to the Attorney General *** by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for enforcement of this Act, and any violation of this Act shall constitute a violation of the Consumer Fraud…”
Artisan Design Build, Inc. v. Bilstrom, 922 N.E.2d 361 (Ill. App. Ct. 2010). · cites it 2× “Section 35 states that the Act may be enforced by the Attorney General or the State's Attorney of any county, that all remedies, penalties, and authority granted to the Attorney General or the State's Attorney of any county by the Consumer Fraud and Deceptive Business Practices…”
People v. Smith, 2012 IL App (1st) 113591 (Ill. App. Ct. 2012). “See 815 ILCS 513/20 (West 2008) (requiring the pamphlet but mentioning no intent element); 815 ILCS 513/35(b) (West 2008) (incorporating the penalties and remedies provisions of the Consumer Fraud Act into the Home Repair Act).”
Fandel v. Allen (Ill. App. Ct. 2010). · cites it 9× “” 815 ILCS 513/35 (West 2006). Section 35(b) also states that “[a]ll remedies, penalties, and authority granted” to the 10 Attorney General or the State’s Attorney “by the Consumer Fraud and Deceptive Business Practices Act [(815 ILCS 505/1 et seq.”
Universal Structures v. Buchman (Ill. App. Ct. 2010). · cites it 6× “” 815 ILCS 513/35 (West 2008). Section 5 of the Act sets forth the policy statement of the general assembly in enacting the statute.”
Show all 16 citing cases →
— 815 ILCS 513/35(a) — 6 cases
MD Elec. Contractors, Inc. v. Abrams, 888 N.E.2d 54 (Ill. 2008). “" 815 ILCS 513/35 (West 2004). In enforcing the Act, either the Attorney General or the State's Attorney "may accept an assurance of voluntary compliance from anyone engaged in any conduct, act, or practice deemed in violation of this Act.”
Fandel v. Allen, 937 N.E.2d 1124 (Ill. App. Ct. 2010). “" 815 ILCS 513/35 (West 2006). Section 35(b) also states that "[a]ll remedies, penalties, and authority granted" to the Attorney General or the State's Attorney "by the Consumer Fraud and Deceptive Business Practices Act [(815 ILCS 505/1 et seq.”
Kunkel v. P.K. Dependable Constr., LLC, 902 N.E.2d 769 (Ill. App. Ct. 2009). “) 815 ILCS 513/35(a), (b) (West 2002). An interpretation of subsection (b) that would provide a private right of action is seemingly incongruent with subsection (a), which provides for the enforcement of the Home Repair and Remodeling Act by the Attorney General or a State’s…”
MD Elec. Contractors, Inc. v. Abrams (Ill. 2008).
Fandel v. Allen (Ill. App. Ct. 2010). “” 815 ILCS 513/35 (West 2006). Section 35(b) also states that “[a]ll remedies, penalties, and authority granted” to the 10 Attorney General or the State’s Attorney “by the Consumer Fraud and Deceptive Business Practices Act [(815 ILCS 505/1 et seq.”
— 815 ILCS 513/35(b) — 8 cases
Roberts v. Adkins, 921 N.E.2d 802 (Ill. App. Ct. 2010). “815 ILCS 513/30 (West 2006). Section 35 addresses enforcement of the Act.”
Artisan Design Build, Inc. v. Bilstrom, 397 Ill. App. 3d 317 (Ill. App. Ct. 2009). “Section 35 states that the Act may be enforced by the Attorney General or the State’s Attorney of any county, that all remedies, penalties, and authority granted to the Attorney General or the State’s Attorney of any county by the Consumer Fraud and Deceptive Business Practices…”
Fleissner v. Fitzgerald, 937 N.E.2d 1152 (Ill. App. Ct. 2010). ““All remedies, penalties, and authority granted to the Attorney General *** by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for enforcement of this Act, and any violation of this Act shall constitute a violation of the Consumer Fraud…”
Artisan Design Build, Inc. v. Bilstrom, 922 N.E.2d 361 (Ill. App. Ct. 2010). “Section 35 states that the Act may be enforced by the Attorney General or the State's Attorney of any county, that all remedies, penalties, and authority granted to the Attorney General or the State's Attorney of any county by the Consumer Fraud and Deceptive Business Practices…”
People v. Smith, 2012 IL App (1st) 113591 (Ill. App. Ct. 2012). “See 815 ILCS 513/20 (West 2008) (requiring the pamphlet but mentioning no intent element); 815 ILCS 513/35(b) (West 2008) (incorporating the penalties and remedies provisions of the Consumer Fraud Act into the Home Repair Act).”
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