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ILLINOIS
CIVIL LIABILITIES

Last update: 2011-11-08


  • Alienation of Affections Act.
  • Anti-phishing Act.
  • Illinois Antitrust Act.
  • Assistance Animal Damages Act.
  • Biometric Information Privacy Act.
  • Breach of Promise Act.
  • Cannabis and Controlled Substances Tort Claims Act.
  • Stalking No Contact Order Act.
  • Civil No Contact Order Act.
    • Article I. General Provisions
    • Article II. Civil No Contact Orders
    • Article III. Law Enforcement Responsibilities
  • Illinois Civil Rights Act of 2003.
  • Illinois Civil Rights Act of 2006.
  • Common Carrier Liability Act.
  • Community Investment Recovery Act.
  • Construction Contract Indemnification for Negligence Act.
  • Controlled Substance and Cannabis Nuisance Act.
  • Crime Victims Compensation Act.
  • Criminal Conversation Act.
  • Drug Dealer Liability Act.
  • Drug or Alcohol Impaired Minor Responsibility Act.
  • Escaped Inmate Damages Act.
  • Farm Machine Safety Act.
  • Farm Nuisance Suit Act.
  • Fire Fighter Liability Act.
  • Frauds Act.
  • Gender Violence Act.
  • Highway Contractor Liability Act.
  • Innkeeper Protection Act.
  • Insurance Claims Fraud Prevention Act.
  • Interference With Utility Services Act.
  • Joint Tortfeasor Contribution Act.
  • Lewdness Public Nuisance Act.
  • Mental Health and Developmental Disabilities Confidentiality Act.
  • Oil Spill Responders Liability Act.
  • Parental Responsibility Law.
  • Parental Right of Recovery Act.
  • Police Search Cost Recovery Act.
  • Predator Accountability Act.
  • Premises Liability Act.
  • Railroad Passenger Removal Act.
  • Right to Breastfeed Act.
  • Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act.
  • Slander and Libel Act.
  • Illinois Streetgang Terrorism Omnibus Prevention Act.
  • Sureties Act.
  • Uniform Fraudulent Transfer Act.
  • Uniform Single Publication Act.
  • Illinois Wage Assignment Act.
  • Whistleblower Act.
  • Illinois False Claims Act.
  • Wrongful Death Act.
  • Wrongful Tree Cutting Act.

ALIENATION OF AFFECTIONS ACT.

Section 0.01. Short Title

(740 ILCS 5/0.01) (from Ch. 40, par. 1900)

This Act may be cited as the Alienation of Affections Act.

(Source: P.A. 86-1324.)

Section 1

(740 ILCS 5/1) (from Ch. 40, par. 1901)

It is hereby declared, as a matter of legislative determination, that the remedy heretofore provided by law for the enforcement of the action for alienation of affections has been subjected to grave abuses and has been used as an instrument for blackmail by unscrupulous persons for their unjust enrichment, due to the indefiniteness of the damages recoverable in such actions and the consequent fear of persons threatened with such actions that exorbitant damages might be assessed against them. It is also hereby declared that the award of monetary damages in such actions is ineffective as a recompense for genuine mental or emotional distress. Accordingly, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by limiting the damages recoverable in such actions and by leaving any punishment of wrongdoers guilty of alienation of affections to proceedings under the criminal laws of the state, rather than to the imposition of punitive, exemplary, vindictive, or aggravated damages in actions for alienation of affections. Consequently, in the public interest, the necessity for the enactment of this chapter is hereby declared as a matter of legislative determination.

(Source: Laws 1947, p. 796.)

Section 2

(740 ILCS 5/2) (from Ch. 40, par. 1902)

The damages to be recovered in any action for alienation of affections shall be limited to the actual damages sustained as a result of the injury complained of.

(Source: Laws 1947, p. 796.)

Section 3

(740 ILCS 5/3) (from Ch. 40, par. 1903)

No punitive, exemplary, vindictive or aggravated damages shall be allowed in any action for alienation of affections.

(Source: Laws 1947, p. 796.)

Section 4

(740 ILCS 5/4) (from Ch. 40, par. 1904)

In determining the damages to be allowed in any action for alienation of affections, none of the following elements shall be considered: the wealth or position of defendant or the defendant's prospects of wealth or position; mental anguish suffered by plaintiff; any injury to plaintiff's feelings; shame, humiliation, sorrow or mortification suffered by plaintiff; defamation or injury to the good name or character of plaintiff or his or her spouse resulting from the alienation of affections complained of; or dishonor to plaintiff's family resulting from the alienation of affections.

(Source: Laws 1947, p. 796.)

Section 5

(740 ILCS 5/5) (from Ch. 40, par. 1905)

This act shall apply to all actions for alienation of affections begun after the effective date of this act, even though the alleged alienations of affections on which the action is based occurred prior to such effective date.

(Source: Laws 1947, p. 796.)

Section 6

(740 ILCS 5/6) (from Ch. 40, par. 1906)

Nothing herein contained shall be deemed to repeal or amend any provisions of the criminal laws of this state.

(Source: Laws 1947, p. 796.)

Section 7

(740 ILCS 5/7) (from Ch. 40, par. 1907)

This act shall be liberally construed to effectuate the objects and purposes thereof and the public policy as herein declared. If any section, clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. If the application of this act, or any part thereof, to any person or circumstance shall be adjudged by such court to be invalid or ineffectual for any reason, such judgment shall not affect the application of this act, or part thereof, to any other person or circumstance.

(Source: Laws 1947, p. 796.)

ANTI-PHISHING ACT.

Section 1. Short Title

(740 ILCS 7/1)

This Act may be cited as the Anti-Phishing Act.

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

Section 5. Definitions

(740 ILCS 7/5)

As used in this Act:

"Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the "local part") and a reference to an Internet domain (commonly referred to as the "domain part"), whether or not displayed, to which an electronic message can be sent or delivered.

"Identifying information" means, with respect to an individual, any of the following:

(1) Social security number.

(2) Driver's license number.

(3) Bank account number.

(4) Credit card or debit card number.

(5) Personal identification number (PIN).

(6) Automated or electronic signature.

(7) Unique biometric data.

(8) Account password.

(9) Any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.

"Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure.

"Web page" means a location that has a single uniform resource locator or other single location with respect to the Internet.

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

Section 10. Prohibitions

(740 ILCS 7/10)

It is unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing himself, herself, or itself to be a business without the authority or approval of the business.

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

Section 15. Actions.

(740 ILCS 7/15)

(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.

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

ILLINOIS ANTITRUST ACT.