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Business laws for small businesses

The Illinois Consumer Fraud Act, in plain English

Illinois's main law against deceptive selling reaches businesses of any size. Here are the enforcers, the penalty ceilings, the 3-year suit deadline and the small rules that trip owners up.

Prepared by Prem Tax and Accounting Corp. Last checked against official sources on October 29, 2026.

The Illinois Consumer Fraud Act (815 ILCS 505) is the chief Illinois statute against deceptive selling. The Attorney General, county State's Attorneys and people who suffer actual damage can enforce it. Our five-stop check is the Storefront Honesty Loop. The official text is on the Illinois General Assembly website.

The short version
  • Any business that sells or advertises in Illinois is covered, at any size, with listed exemptions.
  • Deception, false promises and concealment meant to be relied on are unlawful, even if no one was misled.
  • Each of the 12 practices listed in the Uniform Deceptive Trade Practices Act also counts here.
  • The base civil penalty is up to $50,000, and private damage suits have a 3-year deadline.

Slide show: The Consumer Fraud Act in five slides

  1. What it is

    Illinois's main law against deceptive selling.

  2. Reach of the Act

    Any business or person engaged in trade or commerce.

  3. What is barred

    Deception, false promises, and hiding a material fact so that others will rely on it.

  4. The penalties

    Up to $50,000, plus per-violation ceilings for intent to defraud and for victims 65 or older.

  5. The clock

    Private damage suits: 3 years.

Who it covers

GroupCovered?Note
Businesses of any sizeYesIndividuals, partnerships, corporations and their staff.
Business victimsProtectedThe Attorney General's position is that small businesses are protected just as consumers are. Business-versus-business suits are a case-law question we skip.
Regulated sellersSometimes exemptSection 10b: dealings a regulator's laws specifically authorize (not products or services causing injury, death or property damage), plus other cases.

The numbers

Illinois state rules, statewide.

ItemLimitYear or status
Civil penalty ceilingUp to $50,000, court-imposed on request; per-violation figures in the chartText amended June 10, 2022
Private damages suit by anyone with actual damage3 years after the claim arises, paused during related state cases2026
Gift certificates sold on or after January 1, 2008Life of at least 5 years, with exclusions2026
Sale of $25 or more at the buyer's home, seller present3 full business days to cancel, with exceptions2026
Penalty ceilings, text in force 2026 dollars
Base civil penalty$50,000
Per violation, with intent to defraud$50,000
Added for a victim 65 or older$10,000

Source: 815 ILCS 505, Section 7

Changes: Public Act 104-854 (not yet in force) puts a Vehicle Code section on the Section 2Z list as of January 1, 2027. Public Act 104-472 adds a hidden-fees rule in 2027, and ilga.gov pages differ on the start date. Court decisions were not reviewed.

Our checklist

The Storefront Honesty Loop is our walk from window to filing cabinet.

  • Window: can you back up every ad claim?
  • Counter: receipts print at most the final 4 digits of the card number, with no expiration date, and narrow exceptions apply.
  • Gift cards: 5-year life, no fees after sale; check the exclusions.
  • Contract: no consumer clause waiving the right to speak about you or your goods.
  • Filing cabinet: keep Social Security numbers off any card needed for services and off the outside of a file, with exceptions.

Mistakes people make

  • Full card numbers or expiration dates on receipts.
  • Gift cards that expire early or carry fees.
  • Paying a phony invoice or renewal notice.

Call an attorney if a demand arrives from the Attorney General or a State's Attorney, or if someone sues you.

Common questions

Does the Act cover small businesses?

Yes. Any person in trade or commerce is covered, at any size.

Can a contract ban customer reviews?

Section 2UUU bars a consumer contract from waiving the consumer's right to make statements about the seller or its goods or services.

Does the Act set any tax rules?

No income-tax or payroll-tax rules. Section 2NNN does tie in the Tax Refund Anticipation Loan Reform Act, which can matter to tax preparers.

Official sources

Keep reading

Questions about how a law touches your payroll, taxes or entity? Keshav Agrawal is a U.S. CPA and a Chartered Accountant (CA) from India. We handle the tax and accounting side and can work alongside your attorney. We are not a law firm and cannot give legal advice. Book a 20-minute call or send us a message.

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