Sec. 40. Right of action.
227 words·~1 min read·
/il/chapter-410/act-513/40A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 40. Right of action.
(a)Any person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in a federal district court against an offending party. A prevailing party may recover for each violation:
(1)Against any party who negligently violates a provision of this Act, liquidated
damages of $2,500 or actual damages, whichever is greater.
(2)Against any party who intentionally or recklessly violates a provision of this Act,
liquidated damages of $15,000 or actual damages, whichever is greater.
(3)Reasonable attorney's fees and costs, including expert witness fees and other
litigation expenses.
(4)Such other relief, including an injunction, as the State or federal court may deem
appropriate.
(b)Article XL of the Illinois Insurance Code shall provide the exclusive remedy for violations of Section 30 by insurers.
(c)Notwithstanding any provisions of the law to the contrary, any person alleging a violation of subsection
(a)of Section 15, subsection
(b)of Section 25, Section 30, Section 31, or Section 35 of this Act shall have a right of action in a State circuit court or as a supplemental claim in a federal district court to seek a preliminary injunction preventing the release or disclosure of genetic testing or genetic information pending the final resolution of any action under this Act.