ILCS » Chapter 815 · Act 525
Illinois Compiled Statutes

815 ILCS 525/40 (2026)

Violations

✓ current as of May 2026
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(815 ILCS 525/40)
    Sec. 40. Violations.
    (a) Nothing in this Act may be construed to permit an activity otherwise prohibited by law.
    (b) Enforcement by consumer. A consumer who suffers loss by reason of any intentional violation of any provision of this Act may bring a civil action to enforce that provision. A consumer who is successful in such an action shall recover the greater of $500 or twice the amount of the pecuniary loss, reasonable attorney's fees, and court costs incurred by bringing such action.
    (c) Enforcement by Attorney General or State's Attorney. Violation of any of the provisions of this Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General or State's Attorney by that Act shall be available to him or her for the enforcement of this Act.
(Source: P.A. 92-436, eff. 1-1-02.)

    
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2012–2025 · leading case: Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016).
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Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016). · cites it 2× “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…”
Pettitt v. The Procter & Gamble Distrib. LLC (N.D. Ill. 2025). “” 815 ILCS 525/40(b). Unlike in cases where Illinois courts have deemed class waivers substantively unconscionable, the IPGA’s provision of attorney’s fees and double recovery ensures that, even on an individual basis, plaintiff and other consumers have access to a remedy that…”
Shearrow v. Easton Enter., LLC, 895 F. Supp. 2d 882 (N.D. Ill. 2012). ““Violation of any of the provisions of [the Illinois Prizes and Gifts Act] is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act .”
— 815 ILCS 525/40(b) — 1 case
Pettitt v. The Procter & Gamble Distrib. LLC (N.D. Ill. 2025). “” 815 ILCS 525/40(b). Unlike in cases where Illinois courts have deemed class waivers substantively unconscionable, the IPGA’s provision of attorney’s fees and double recovery ensures that, even on an individual basis, plaintiff and other consumers have access to a remedy that…”
— 815 ILCS 525/40(c) — 1 case
Shearrow v. Easton Enter., LLC, 895 F. Supp. 2d 882 (N.D. Ill. 2012). ““Violation of any of the provisions of [the Illinois Prizes and Gifts Act] is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act .”
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