§ 15 — Actions

Illinois § 15

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 740: CIVIL LIABILITIES
• Act 740 ILCS 7/: Anti-Phishing Act.

Text

(a) The following persons may bring an action against a person who violates or is in violation of Section 10: (1) A person who (A) is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark, and (B) is adversely affected by a violation of Section 10. An action brought under this paragraph may seek to recover the greater of actual damages or $500,000. (2) An individual who is adversely affected by a violation of Section 10 may bring an action, but only against a person who has directly violated Section 10. An action brought under this paragraph may seek to enjoin further violations of Section 10 and to recover the greater of 3 times the amount of actual damages or $5,000 per violation. (b) The Attorney General or a State's Attorney may bring an action against a person who violates or is in violation of Section 10 to enjoin further violations of Section 10 and to recover a civil penalty of up to $2,500 per violation. (c) In an action pursuant to this Section, a court may, in addition, do either or both of the following: (1) Increase the recoverable damages to an amount up to 3 times the damages otherwise recoverable under subsection (a) in cases in which the defendant has engaged in a pattern and practice of violating Section 10. (2) Award costs of suit and reasonable attorney's fees to a prevailing plaintiff. (d) The remedies provided in this Section do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law. (e) For purposes of paragraph (1) of subsection (a), multiple violations of Section 10 resulting from any single action or conduct shall constitute one violation.

Legislative History

(Source: P.A. 95-350, eff. 1-1-08.)