The State of Illinois has passed a statute granting consumers the ability to recover attorney’s fees against plaintiff commercial parties in consumer contract actions when the consumer defeats the commercial party’s claims. HB3314, which has been signed into law by Governor Pritzker with an effective date of January 1, 2024, provides that defendant consumers may recover attorney’s fees when they prevail in an action where the underlying contract permits the recovery of attorney’s fees in actions initiated by the commercial party. The act defines prevailing as the granting of a motion to dismiss, a judgment in favor of the defendant, or a voluntary dismissal by the plaintiff. If you have a questions about this law contact Michael Haeberle at mhaeberle@pattersonlawfirm.com
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