{"data":{"id":"us-il/325-ilcs-66-25","jurisdiction":"us-il","citation":"325 ILCS 66/25","heading":"Enforcement by the Attorney General.","body":"(This Section may contain text from a Public Act with a delayed effective date)\n(a) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act declared to be unlawful by this Act, or when the Attorney General believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful under this Act, the Attorney General may:\n(1) require that person to file, on the terms the Attorney General prescribes, a statement or report in writing, under oath or otherwise, as to all information as the Attorney General may consider necessary;\n(2) examine under oath any person in connection with the conduct;\n(3) examine any merchandise or sample thereof, record, book, document, account, or paper as the Attorney General may consider necessary; and\n(4) pursuant to an order of a circuit court, impound any record, book, document, account, paper, or sample of merchandise that is produced in accordance with this Act and retain it in the Attorney General's possession until the completion of all proceedings in connection with which it is produced.\n(b) To accomplish the objectives and to carry out the duties prescribed by this Act, the Attorney General, in addition to other powers conferred upon the Attorney General by this Act, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe forms, and adopt rules as may be necessary.\n(c) Service by the Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made:\n(1) personally by delivery of a duly executed copy of the subpoena to the person to be served, or if a person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed, or\n(2) by mailing by certified mail a duly executed copy of the subpoena to the person to be served at the person's last known abode or principal place of business within this State.\n(d) If any person fails or refuses to file any statement or report or obey any subpoena issued by the Attorney General, the Attorney General may file a complaint in the circuit court for the following, until the person files the statement or report or obeys the subpoena:\n(1) the granting of injunctive relief or the restraining of the sale or advertisement of any merchandise by the person or the conduct that is involved;\n(2) the vacating, annulling, or suspending of the corporate charter of a corporation created by or under the laws of this State, the revoking or suspending of the certificate of authority to do business in this State of a foreign corporation, or the revoking or suspending of any other licenses, permits, or certificates issued under the laws of this State to the person that are used to further the allegedly unlawful practice; and\n(3) the granting of other relief as may be required.\n(e) In the administration of this Act, the Attorney General may accept an Assurance of Voluntary Compliance with respect to any act deemed to be violative of this Act from any person who has engaged in, is engaging in, or was about to engage in the act. Evidence of a violation of an Assurance of Voluntary Compliance shall be prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General against the alleged violator.\n(f) Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any act declared by this Act to be unlawful, and that proceedings would be in the public interest, the Attorney General may bring an action in the name of the People of the State against the person to restrain by preliminary or permanent injunction the use of the act. The court, in its discretion, may exercise all powers necessary, including, but not limited to: (i) injunction; (ii) revocation, forfeiture, or suspension of any license, charter, franchise, certificate, or other evidence of authority of any person to do business in this State; (iii) appointment of a receiver; (iv) dissolution of domestic corporations or associations; (v) suspension or termination of the right of foreign corporations or associations to do business in this State; and (vi) restitution.\n(g) In addition to the remedies provided in this Section, the Attorney General exclusively may request, and a court may award, a civil penalty of $50,000 for each violation against a covered manufacturer or a covered operator found by the court to have engaged in any act declared unlawful under this Act. Any moneys paid under this Act shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General, including, but not limited to, enforcement of any law of this State; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.\n(h) When a receiver is appointed by the court under this Act, the receiver shall have the power to sue for, collect, receive and take into the receiver's possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by means of any practice declared to be illegal and prohibited by this Act, including property with which the property has been mingled if it cannot be identified in kind because of the commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful practices and submits proof to the satisfaction of the court that the person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in the proceedings and may make such orders and judgments as may be required.\n(i) Subject to an order of the court terminating the business affairs of any person after receivership proceedings held under this Act, the provisions of this Act shall not bar any claims against any person who has acquired any moneys or property, real or personal, by means of any act declared to be unlawful under this Act.\n(j) Nothing in this Act is intended to limit the remedies available under any other law, including the Consumer Fraud and Deceptive Business Practices Act.\n(k) Except as otherwise expressly provided for in this Act, nothing in this Act shall be construed to grant any person a private right of action for damages or to enforce the provisions of this Act.","path":["CHAPTER 325 CHILDREN","Children's Online Social Media Safety Act."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=4696\u0026ChapterID=32\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:33Z","sha256":"eeb1172be91ddc2a9610889858519b0c05f9df6634339166bbf1a0bbd877edeb","source_id":"us-il","stale":false,"prev":"us-il/325-ilcs-66-20","next":"us-il/325-ilcs-66-97"},"notice":"GroundRules: Original legal text. Not legal advice."}