Illinois
Illinois Lemon Law (2026): How to Qualify and Get a Refund
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 10 primary sources cited on this page. How we verify our legal content
Illinois's New Vehicle Buyer Protection Act (815 ILCS 380) gives new-vehicle buyers the right to a full refund or comparable replacement if a manufacturer cannot fix a substantial defect after four repair attempts or 30 cumulative business days out of service, within the first 12 months or 12,000 miles of ownership.
Overview of Illinois Lemon Law
The Illinois New Vehicle Buyer Protection Act (815 ILCS 380) protects consumers who purchase or lease new vehicles that turn out to have serious, unrepairable defects. If a manufacturer or its authorized dealers cannot fix a substantial problem after a reasonable number of attempts, the consumer has the right to a full refund or a comparable replacement vehicle.
Illinois enacted this law to hold manufacturers accountable when a new vehicle fails to meet its express warranty. The statute covers the first 12 months or 12,000 miles of ownership, whichever comes first.
This guide explains who qualifies, what vehicles are covered, how the claims process works, and what remedies are available under current Illinois law.
What Vehicles Does Illinois Lemon Law Cover?
The New Vehicle Buyer Protection Act defines "new vehicle" broadly. Several categories of vehicles qualify for protection.
Covered Vehicle Types
| Vehicle Type | Details |
|---|---|
| Passenger cars | Sedans, coupes, hatchbacks, and similar personal vehicles |
| Second Division vehicles under 8,000 lbs | Pickup trucks, SUVs, crossovers, vans, and minivans used for personal purposes |
| Recreational vehicles | Motor homes and certain RVs (excluding camping trailers and travel trailers that do not qualify under the used vehicle definition) |
| Fire department vehicles | Vehicles purchased by a fire department, fire protection district, or township fire department |
| Leased vehicles | New vehicles obtained through a consumer lease |
| Demonstrator vehicles | If sold as new with the manufacturer's warranty |
| Electric and hybrid vehicles | EVs and hybrids that meet the above criteria are fully covered |
Vehicles Not Covered
- Motorcycles
- Camping trailers and travel trailers (unless they qualify under the statute's definitions)
- Commercial vehicles used primarily for business purposes
- Off-road vehicles not designed for highway use
- Used vehicles previously titled to a consumer
- Vehicles purchased for commercial fleets
Who Qualifies as a Consumer?
Under 815 ILCS 380/2, a "consumer" is an individual who purchases, or leases for a term of at least one year, a new vehicle for primarily personal, household, or family purposes. A lease shorter than one year does not qualify. Illinois fire departments, fire protection districts, and township fire departments that purchase or lease a new vehicle for at least one year are also covered as consumers.
Illinois Lemon Law Presumption
Illinois law creates a legal presumption that a manufacturer has had a reasonable number of chances to repair your vehicle if certain conditions are met within the statutory warranty period.
The Statutory Warranty Period
The statutory warranty period begins on the date the new vehicle is delivered to the consumer. It ends at 12 months or 12,000 miles, whichever occurs first. All repair attempts and out-of-service days must fall within this window to trigger the presumption.
When the Presumption Applies
| Condition | Requirement | Timeframe |
|---|---|---|
| Same nonconformity repaired | 4 or more repair attempts for the same problem, and it still exists | Within 12 months or 12,000 miles |
| Total days out of service | 30 or more cumulative business days for repair of any nonconformity | Within 12 months or 12,000 miles |
| Nonconformity standard | Must substantially impair the use, market value, or safety of the vehicle | Covered by the manufacturer's express warranty |
Notification Requirement
The notice requirement is unconditional. Under 815 ILCS 380/3(h), the presumption never applies against a manufacturer, its agent, distributor, or dealer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect. There is no exception for manufacturers that have not set up a notice procedure, so send the notice directly to the manufacturer, not only to the dealer, and keep proof of delivery.
A separate condition sits in Section 4 and is often confused with this one. The arbitration precondition in 815 ILCS 380/4(a) applies only where the manufacturer has established a qualifying informal dispute settlement procedure and the consumer received adequate written notice of that procedure from the seller. That condition governs arbitration, not the written notice the repair presumption requires.
What Counts as a Substantial Impairment?
The nonconformity must "substantially impair" the use, market value, or safety of the vehicle. The statute does not provide a specific list, but common examples include:
- Engine or transmission failures that affect drivability
- Brake system malfunctions creating safety hazards
- Steering defects that compromise vehicle control
- Electrical system failures affecting critical safety or operational components
- Persistent warning lights indicating unresolved mechanical problems
- Fuel system issues causing stalling, poor performance, or safety risks
- HVAC failures making the vehicle uncomfortable or unsafe in extreme weather
- Battery or charging system defects in electric vehicles
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies as a lemon under 815 ILCS 380/3, the manufacturer must provide one of two remedies. Under the statute, the manufacturer chooses which remedy to offer, though consumers may express a preference.
Option 1: Full Refund (Vehicle Buyback)
If the manufacturer offers a refund, it must pay:
- Full purchase price or lease cost: The total amount paid for the vehicle
- Collateral charges: License fees, registration fees, and similar charges. Section 3(a) expressly provides that "collateral charges" does not include taxes paid by the purchaser on the initial purchase of the new vehicle. The retailer who sold the vehicle files for that tax credit instead, under Sections 6, 6a, 6b, and 6c of the Retailers' Occupation Tax Act. On a lease the treatment differs: 815 ILCS 380/2(g) defines "lease cost" to include taxes.
Minus a reasonable allowance for use. The statute defines this as the amount of wear and tear on the vehicle during two specific periods: (1) the time before the consumer first reported the nonconformity for repair, and (2) any subsequent time when the vehicle was not out of service for repairs. This means the manufacturer cannot charge you for depreciation during the days your vehicle sat in the shop.
Incidental costs are not part of the statutory buyback. Section 3(a) sets the refund at the purchase price or lease cost plus collateral charges, less the usage allowance, and the Act says nothing about towing, rental cars, or other out-of-pocket expenses. Those costs are recoverable only through a separate claim or by negotiating them into a settlement.
Option 2: Comparable Replacement Vehicle
Instead of a refund, the manufacturer may offer a replacement vehicle that is:
- A new vehicle of like model line, if available
- Otherwise, a comparable motor vehicle
- Covered by all applicable manufacturer warranties
Refund Distribution
The manufacturer must distribute refund amounts to the consumer and any lienholder (such as a bank or credit union holding a loan on the vehicle) based on their respective interests.
How to File a Lemon Law Claim in Illinois
Filing a successful lemon law claim requires careful documentation and following the correct steps in the right order.
Step 1: Document Everything From Day One
Strong documentation is the foundation of any lemon law claim. Keep organized records of:
- All repair orders, invoices, and receipts
- Dates and duration of each repair visit
- Written descriptions of the symptoms you experienced
- All correspondence with the dealer and manufacturer
- Photos or videos showing the defect
- A personal log tracking every repair attempt, including dates and mileage
Step 2: Notify the Manufacturer in Writing
Written notice to the manufacturer is required before the repair presumption can apply, whether or not the manufacturer has set up a formal notice procedure. Send written notification that includes:
- Your full name and contact information
- Vehicle details: year, make, model, and VIN
- A clear description of the nonconformity
- A summary of all repair attempts with dates
- Your requested remedy (refund or replacement)
Send this notice by certified mail with return receipt requested so you have proof of delivery.
Step 3: Allow a Reasonable Number of Repair Attempts
Give the manufacturer and its authorized dealers a fair opportunity to fix the vehicle. Under Illinois law, this generally means allowing at least four attempts for the same problem or having the vehicle out of service for at least 30 business days.
Step 4: Use the Manufacturer's Arbitration Program if Required
Under 815 ILCS 380/4, if the manufacturer has established an informal dispute settlement procedure that meets federal FTC standards (16 CFR Part 703), you must use that program before filing a lawsuit. BBB AUTO LINE is the program most manufacturers use in Illinois. Check your owner's manual or warranty booklet to see whether your manufacturer participates.
The Illinois Attorney General's office does not operate its own lemon law arbitration program, but it does take and help mediate consumer complaints. You can file a general consumer complaint through the AG's online complaint portal. Arbitration through the manufacturer's program is often faster and less expensive than going to court.
Step 5: File a Lawsuit if Necessary
If arbitration does not resolve your claim, you may file a civil lawsuit against the manufacturer. The New Vehicle Buyer Protection Act itself contains no attorney-fee provision. Fee recovery in Illinois lemon law cases comes from a parallel claim: the federal Magnuson-Moss Warranty Act lets a court award a prevailing consumer costs and expenses including attorney fees (15 U.S.C. 2310(d)(2)), and the Illinois Consumer Fraud and Deceptive Business Practices Act permits a fee award to the prevailing party (815 ILCS 505/10a(c)). Because those parallel claims are available, many lemon law attorneys take cases on a contingency basis with no upfront cost to you.
Manufacturer Arbitration in Illinois
Arbitration through the manufacturer's own program is often faster than litigation and can resolve a dispute without a lawsuit.
Manufacturer Arbitration Programs
Under 815 ILCS 380/4, if the manufacturer has established an informal dispute settlement procedure that complies with Federal Trade Commission regulations (16 CFR Part 703) and disclosed it to the consumer, the consumer must use that program before pursuing a refund or replacement in court. BBB AUTO LINE is the most widely used manufacturer program in Illinois. The consumer is never bound by an unfavorable manufacturer arbitration decision and retains the right to pursue other legal remedies.
The Attorney General's Role
There is no separate Illinois Attorney General arbitration program that issues decisions in lemon law disputes. The Attorney General's office takes consumer complaints and can help mediate a dispute, but it does not adjudicate lemon law claims. Consumers can file a complaint through the AG's online complaint portal.
Benefits of Manufacturer Arbitration
- Resolves disputes faster than litigation
- No cost or minimal cost to the consumer
- Less formal procedures than a courtroom
- An unfavorable decision does not prevent you from filing a lawsuit
Manufacturer Defenses Under Illinois Law
Manufacturers may raise affirmative defenses to avoid liability. Under 815 ILCS 380/3, the following defenses are recognized.
Common Manufacturer Defenses
| Defense | What the Manufacturer Claims | How the Consumer Can Respond |
|---|---|---|
| No substantial impairment | The defect does not substantially impair use, market value, or safety | Document how the defect affects daily use, safety, and resale value |
| Consumer abuse or neglect | The defect was caused by the owner's misuse | Provide maintenance records showing proper care per the owner's manual |
| Unauthorized modifications | Aftermarket parts or modifications caused the problem | Show the defect existed before modifications or is unrelated to them |
| Insufficient notice | The consumer never gave prior direct written notice and a chance to correct the defect | Provide certified mail receipts or other proof the manufacturer received written notice; note that a notice failure defeats the presumption under Section 3(h), not the underlying claim |
| Insufficient repair attempts | The reasonable number threshold was not reached | Present complete repair history with dates and descriptions |
Seller's Duty to Inform Consumers
Under 815 ILCS 380/7, every seller who delivers a new vehicle to a consumer must provide a written statement that clearly and conspicuously sets forth the consumer's rights under the Act. This includes the repair-attempt presumptions and the consumer's right to a refund or replacement.
If your dealer did not provide this written statement at the time of purchase, that fact may support your claim.
Used Vehicle Protections in Illinois
The New Vehicle Buyer Protection Act covers only new vehicles. However, Illinois provides other avenues of protection for used car buyers.
Remaining Manufacturer Warranty
If you purchase a used vehicle still covered by the original manufacturer's warranty, you may have protection for defects that occur during that warranty period.
Federal Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act (15 U.S.C. 2301 et seq.) is the federal backstop for all consumer products sold with a written warranty, including vehicles. It applies regardless of whether your state lemon law covers your situation. Under Magnuson-Moss, a consumer with any written warranty (including dealer warranties and extended service contracts on used vehicles) may bring a federal claim if the warrantor fails to honor the warranty. A court may award a consumer who finally prevails the costs and expenses of the action, including attorney fees based on actual time expended, under 15 U.S.C. 2310(d)(2).
Illinois Consumer Fraud and Deceptive Business Practices Act
Used vehicle buyers may pursue remedies under 815 ILCS 505 if the dealer engaged in fraudulent or deceptive sales practices, such as failing to disclose known defects or rolling back the odometer.
Leased Vehicle Rights
The Illinois lemon law applies equally to leased vehicles, provided the lease term is for at least one year. Lessees who meet this threshold have the same rights as purchasers.
Leased Vehicle Remedies
If a leased vehicle qualifies as a lemon, the consumer may receive:
- A refund of the full "lease cost," which 815 ILCS 380/2(g) defines to include deposits, fees, taxes, down payments, periodic payments, and any other amount paid to the seller in connection with the lease
- Less a reasonable allowance for the consumer's use of the vehicle
- Or, at the manufacturer's election, a comparable replacement vehicle
Lease Termination
When a leased vehicle is returned under the lemon law, the lease agreement terminates. The lessee owes no additional amounts under the lease, and the lessor and manufacturer must handle the vehicle disposition.
Statute of Limitations and Filing Deadlines
Understanding the deadlines for Illinois lemon law claims is critical. Missing a deadline can permanently bar your claim.
Key Deadlines
| Deadline | Requirement |
|---|---|
| Statutory warranty period | Report the nonconformity within 12 months or 12,000 miles of delivery, whichever comes first |
| Lawsuit filing deadline | Any civil action must be filed within 18 months of the date the vehicle was originally delivered to the consumer (815 ILCS 380/6). Under 815 ILCS 380/4(b) that period is extended by the number of days the subject matter of the action was pending in the manufacturer's informal dispute settlement procedure |
| Warranty repair reporting | The nonconformity must first be reported during the express warranty period |
Tolling Provisions
Two different provisions extend time, and they do different jobs.
Under 815 ILCS 380/3(e), the statutory warranty period (12 months or 12,000 miles) is suspended for any period when repair services are unavailable to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
Under 815 ILCS 380/4(b), the 18-month period for filing a civil action is extended by a number of days equal to the time the subject matter of that action was pending in the informal dispute settlement procedure. That matters because arbitration is a precondition to suit whenever the manufacturer runs a qualifying program, so months spent in arbitration do not eat the filing deadline.
Tips for Strengthening Your Illinois Lemon Law Claim
Taking proactive steps early in the process can significantly improve your chances of a successful outcome.
- Report problems immediately. The sooner you report a nonconformity, the smaller the usage allowance deduction from your refund will be.
- Always use authorized dealers. Repairs must be performed by the manufacturer's authorized dealers or agents for them to count toward the lemon law threshold.
- Get everything in writing. Verbal promises from a service advisor are difficult to prove. Ask for written repair orders every time.
- Keep your own records. Do not rely solely on the dealer's records. Maintain your own log of dates, mileage at drop-off and pickup, and descriptions of the problem.
- Check for NHTSA recalls and complaints. If other owners have reported the same defect, that information supports your claim that the problem is a manufacturing defect rather than owner misuse.
- Do not make unauthorized modifications. Aftermarket parts can give the manufacturer a defense. Keep the vehicle in factory condition until your claim is resolved.
- Consult an attorney early. Fee recovery comes from a parallel Magnuson-Moss or Consumer Fraud Act claim rather than from the New Vehicle Buyer Protection Act itself, and many lemon law lawyers offer free consultations and contingency-fee arrangements on that footing.
More Illinois Laws
Frequently Asked Questions
How many repair attempts does Illinois require before a vehicle qualifies as a lemon?
Under the New Vehicle Buyer Protection Act (815 ILCS 380), a vehicle may qualify as a lemon after four or more repair attempts for the same nonconformity that substantially impairs the use, market value, or safety of the vehicle. Alternatively, the vehicle qualifies if it has been out of service for 30 or more cumulative business days for repair of any nonconformity. Both conditions must occur within the first 12 months or 12,000 miles of ownership, whichever comes first.
Does the Illinois lemon law cover used cars?
No. The New Vehicle Buyer Protection Act applies only to new vehicles. However, used car buyers may have protection if the vehicle is still under the original manufacturer's warranty, through the federal Magnuson-Moss Warranty Act (15 U.S.C. 2301), or under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505) if the dealer engaged in deceptive practices.
How is the reasonable allowance for use calculated in Illinois?
Illinois law defines the reasonable allowance for use as the amount of wear and tear on the vehicle during two periods: (1) the time before the consumer first reported the nonconformity for repair, and (2) any time after that when the vehicle was not in the shop for repairs. The statute does not specify a fixed mathematical formula. This means you are not charged for depreciation during the days your vehicle was out of service for repairs.
Do I need a lawyer to file an Illinois lemon law claim?
You are not required to have an attorney, but legal representation can significantly improve your chances of success. The New Vehicle Buyer Protection Act contains no attorney-fee provision, so fee recovery generally depends on pleading a parallel claim under the federal Magnuson-Moss Warranty Act (15 U.S.C. 2310(d)(2)) or the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/10a(c)), each of which lets a court award fees to a prevailing consumer. On that basis many lemon law attorneys offer free consultations and representation on a contingency basis with no upfront cost.
What is the deadline for filing an Illinois lemon law lawsuit?
Under 815 ILCS 380/6, any civil action under the Illinois lemon law must be filed within 18 months of the date the vehicle was originally delivered to the consumer. If you had to go through the manufacturer's informal dispute settlement procedure first, 815 ILCS 380/4(b) extends that 18-month period by the number of days the matter was pending in the procedure. The nonconformity itself must first be reported within the statutory warranty period of 12 months or 12,000 miles, whichever comes first.
Updates
Corrected the refund and deadline sections against the text of the New Vehicle Buyer Protection Act: taxes on an initial purchase are excluded from recoverable collateral charges, incidental costs such as towing and rentals are not part of the statutory buyback, written notice to the manufacturer is required unconditionally rather than only when the manufacturer sets up a notice procedure, attorney fees come from a parallel Magnuson-Moss or Consumer Fraud Act claim rather than from the lemon law itself, and the 18-month filing deadline is extended by the days spent in the manufacturer's arbitration program.
Corrected who qualifies as a 'consumer' under Illinois's lemon law (a purchaser, or a lessee on a lease of at least one year, buying for personal/family/household use; a fabricated transferred-during-warranty clause was removed) and replaced a nonexistent 'Illinois Attorney General's Arbitration Program' with an accurate description of the manufacturer-run dispute program (e.g. BBB AUTO LINE) required under 815 ILCS 380/4, noting the AG's office handles complaints and mediation, not arbitration decisions.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Illinois Compiled Statutes Chapter 815, Act 380 (New Vehicle Buyer Protection Act)
§ 3Failure of vehicle to conform; remedies; presumptionsIn force
(a) If after a reasonable number of attempts the seller is unable to conform the new vehicle to any of its applicable express warranties, the manufacturer shall either provide the consumer with a new vehicle of like model line, if available, or otherwise a comparable motor vehicle as a replacement, or accept the return of the vehicle from the consumer and refund to the consumer the full purchase price or lease cost of the new vehicle, including all collateral charges, less a reasonable allowance for consumer use of the vehicle. For purposes of this Section, "collateral charges" does not include taxes paid by the purchaser on the initial purchase of the new vehicle. The retailer who initially sold the vehicle may file a claim for credit for taxes paid pursuant to the terms of Sections 6, 6a, 6b, and 6c of the Retailers' Occupation Tax Act. Should the vehicle be converted, modified or altered in a way other than the manufacturer's original design, the party which performed the conversion or modification shall be liable under the provisions of this Act, provided the part or parts causing the vehicle not to perform according to its warranty were altered or modified.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at ilga.gov
§ 2DefinitionsIn force
For the purposes of this Act, the following words have the meanings ascribed to them in this Section. (a) "Consumer" means an individual who purchases or leases for a period of at least one year a new vehicle from the seller for the purposes of transporting himself and others, as well as their personal property, for primarily personal, household or family purposes or a fire department, fire protection district, or township fire department that purchases or leases for a period of at least one year a new vehicle from the seller. (b) "Express warranty" has the same meaning, for the purposes of this Act, as it has for the purposes of the Uniform Commercial Code. (c) "New vehicle" means a passenger car, as defined in Section 1-157 of the Illinois Vehicle Code, a motor vehicle of the Second Division having a weight of under 8,000 pounds, as defined in Section 1-146 of that Code, a vehicle purchased by a fire department, a fire protection district, or a township fire department, and a recreational vehicle, except for a camping trailer or travel trailer that does not qualify under the definition of a used motor vehicle, as set forth in Section 1-216 of that Code.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2003
Opinions citing this section in our collection:
- Voelker v. Porsche Cars North America, Inc. (Court of Appeals for the Seventh Circuit 2003, 353 F.3d 516)“…fore is not an express warranty under the lemon law either, 815 ILCS 380/2(b). Regarding the airbag’s failure to…”
- Voelker, Daniel J. v. Porsche Cars North (Court of Appeals for the Seventh Circuit 2003)“…fore is not an express warranty under the lemon law either, 815 ILCS 380/2(b). 4 The New Car Limited Warranty w…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4(a) The provisions of subsection (a) of Section 3 shall not apply unless the consumer has first resorted to an informal settlement procedure applicable to disputes to which that subsection would apply where (1) The manufacturer of the new vehicle has established such a procedure; (2) The procedure conforms: (i) substantially with the provisions of Title 16, Code of Federal Regulation, Part 703, as from time to time amended, and (ii) to the requirements of subsection (c); and (3) The consumer has received from the seller adequate written notice of the existence of the procedureIn force
Adequate written notice includes but is not limited to the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the vehicle does not conform. (b) If the consumer is dissatisfied with the decision reached in an informal dispute settlement procedure or the results of such a decision, he may bring a civil action to enforce his rights under subsection (a) of Section 3. The decision reached in the informal dispute settlement procedure is admissible in such a civil action. The period of limitations for a civil action to enforce a consumer's rights or remedies under subsection (a) of Section 3 shall be extended for a period equal to the number of days the subject matter of the civil action was pending in the informal dispute settlement procedure. (c) A disclosure of the decision in an informal dispute settlement procedure shall include notice to the consumer of the provisions of subsection (b).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Buss v. Ford Motor Co. (Appellate Court of Illinois 2020, 2020 IL App (4th) 190386-U)“…ocedure that complies with the Code of Federal Regulations. 815 ILCS 380/4(a) (West 2012); 15 U.S.C. § 2310(a)(3)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6In force
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
§ 7In force
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
§ 1In force
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Razor v. Hyundai Motor America (Illinois Supreme Court 2006, 222 Ill. 2d 75)“…had violated the Illinois New Vehicle Buyer Protection Act (815 ILCS 380/1 et seq. (West 2000)). The case init…”
- Mydlach v. DaimlerChrysler Corp. (Illinois Supreme Court 2007, 226 Ill. 2d 307)“…recognize that under the New Vehicle Buyer Protection Act (815 ILCS 380/1 et seq. (West 2006)), a manufacturer ma…”
- Allen v. Woodfield Chevrolet, Inc. (Illinois Supreme Court 2003)“…seq. (2002)), and the New Vehicle Buyer Protection Act (815 ILCS 380/1 et seq. (2002)) as examples of le…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 8This Act shall apply to motor vehicles beginning with the model year following the effective date of this ActIn force
(Source: P.A. 83-768.) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Illinois Compiled Statutes Chapter 815, Act 505 (Consumer Fraud and Deceptive Business Practices Act)
§ 10aAction for actual damagesIn forcecited in 2 of our articles
(a) Any person who suffers actual damage as a result of a violation of this Act committed by any other person may bring an action against such person. The court, in its discretion may award actual economic damages or any other relief which the court deems proper; provided, however, that no award of punitive damages may be assessed under this Section against a party defendant who is a new vehicle dealer or used vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or who is the holder of a retail installment contract within the meaning of Section 2.12 of the Motor Vehicle Retail Installment Sales Act, unless the conduct engaged in was willful or intentional and done with evil motive or reckless indifference to the rights of others.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 380 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Avery v. State Farm Mutual Automobile Insurance (Illinois Supreme Court 2005, 216 Ill. 2d 100)“…ore declined to award plaintiffs "actual economic damages" (815 ILCS 505/10a(a) (West 2002)) under the Consumer Frau…”
- Oliveira v. Amoco Oil Co. (Illinois Supreme Court 2002, 201 Ill. 2d 134)“…consumer fraud was brought under section 10a(a) of the Act (815 ILCS 505/10a(a) (West 1996)), the provision of the A…”
- Barbara's Sales, Inc. v. Intel Corp. (Illinois Supreme Court 2007, 227 Ill. 2d 45)“…is law as found in the Illinois Consumer Fraud Act. Compare 815 ILCS 505/10a (West 2002), and Shannon v. Boise Casca…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
United States Code Title 15
§ 2310Remedies in consumer disputesIn forcecited in 12 of our articles
Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities. One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission’s rules under paragraph (2).
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,305 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re General Motors Corporation Engine Interchange Litigation (Court of Appeals for the Seventh Circuit 1979, 594 F.2d 1106)“…to the court's discretion not to award attorneys' fees). 15 U.S.C. § 2310 (d)(2). Thus, the dismissal of the sub…”
- John F. "Jack" Walsh v. Ford Motor Company (Court of Appeals for the D.C. Circuit 1986, 807 F.2d 1000)“…y rejected this contention, refusing to “read section 110 [ 15 U.S.C. § 2310 (1982) ] so broadly as to have it supe…”
- Terrance Golden v. Gorno Bros., Inc., D/B/A Gorno Ford (Court of Appeals for the Sixth Circuit 2005, 410 F.3d 879)“…y required under the statute's jurisdictional limitations, 15 U.S.C. § 2310 (d)(3)(B). 11…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Generac SnapRS Settlement: Claim Window Closed, Hearing Oct 21, 2026, Whirlpool Freezer Drain Tube Settlement: Free Part to Dec 31, 2026, US Lemon Laws (2026): How to Qualify & Get a Refund
§ 2301DefinitionsIn forcecited in 41 of our articles
For the purposes of this chapter: The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). The term “Commission” means the Federal Trade Commission. The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers. The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,671 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Walsh v. Ford Motor Company (1986) held that except where Magnuson-Moss expressly prescribes a rule, the Act applies state written and implied warranty law, citing Section 2301(7)'s definition of implied warranty as one arising under state law. Birdsong v. Apple (2009) dismissed Act claims once the state warranty claims failed.
Opinions citing this section in our collection:
- John F. "Jack" Walsh v. Ford Motor Company (Court of Appeals for the D.C. Circuit 1986, 807 F.2d 1000)✓Ford owners sought nationwide classes over transmissions that slipped from park into reverse; reading Section 2301(7) and (6), the D.C. Circuit held Magnuson-Moss applies state warranty law except where the Act expressly prescribes a rule, and vacated class certification.
- Birdsong v. Apple, Inc. (Court of Appeals for the Ninth Circuit 2009, 590 F.3d 955)✓iPod buyers alleged the player risked hearing loss; because Section 2301(7) ties implied warranty to state law, the Ninth Circuit treated the Magnuson-Moss claim as standing or falling with the California warranty claims and affirmed dismissal once those failed.
- Robert E. Kelly Virginia L. Kelly v. Fleetwood Enterprises, Inc. (Court of Appeals for the Ninth Circuit 2004, 377 F.3d 1034)“…gnizable under the Magnuson-Moss Warranty Act (the “Act”), 15 U.S.C. § 2301 et seq. This consumer dis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Lemon Law (2026): How to Qualify and Get a Refund, Arkansas Lemon Law (2026): How to Qualify & Get a Refund, California Lemon Law (2026): How to Qualify & Get a Refund
Sources and References
- Illinois New Vehicle Buyer Protection Act (815 ILCS 380) Full Text(ilga.gov).gov
- 815 ILCS 380/3: Manufacturer Obligations and Remedies(ilga.gov).gov
- 815 ILCS 380/7: Seller Disclosure Requirements(ilga.gov).gov
- Illinois Attorney General: Auto Sales and Repairs Consumer Protection(illinoisattorneygeneral.gov).gov
- Illinois Attorney General: Things You Should Know About Lemon Law (PDF)(illinoisattorneygeneral.gov).gov
- Illinois Attorney General: Online Consumer Complaint Form(forms.illinoisattorneygeneral.gov).gov
- NHTSA Vehicle Complaints and Recalls(nhtsa.gov).gov
- Magnuson-Moss Warranty Act (Federal)(ftc.gov).gov
- Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505)(ilga.gov).gov
- FTC Informal Dispute Settlement Procedures (16 CFR Part 703)(ecfr.gov).gov
- 815 ILCS 380/4: Informal Dispute Settlement Procedure and Extension of the Limitations Period(ilga.gov)
- 815 ILCS 505/10a(c): Attorney's Fees and Costs to the Prevailing Party Under the Illinois Consumer Fraud Act(ilga.gov)
- 15 U.S.C. 2310(d)(2): Magnuson-Moss Warranty Act Fee Recovery for a Prevailing Consumer(govinfo.gov)
- 815 ILCS 380/2: Definitions, Including "Lease Cost" and "Statutory Warranty Period"(ilga.gov)