Illinois § 10

§ 10.

Attorney's fees. If a consumer contract allows for the recovery of attorney's fees in an action brought by a commercial party to enforce the consumer contract, the court may award reasonable attorney's fees to the defendant if the defendant prevails in the action. A defendant prevails in an action if: (1) judgment is entered by the court in favor of the defendant; (2) a motion to dismiss the case is filed by the defendant under Section 2-619 of the Code of Civil Procedure and is granted by the court; or (3) the plaintiff voluntarily dismisses the pending case under Section 2-1009 of the Code of Civil Procedure after a trial date has been set and after the pending case has been previously filed on the same consumer contract and dismissed under Section 2-1009 of the Code of Civil Procedure. (Source: P.A. 103-344, eff. 1-1-24.)