Opportunity to Cure: SB 456 (2005)
Provided that no action may be brought until the consumer
Provided that no action may be brought until the consumer has informed the seller or lessor in writing and by certified mail of the alleged violation and provided the seller or lessor 20 days from receipt of the notice of violation to make a cure offer. The consumer shall have 10 days from receipt of the cure offer to accept the cure offer or it is deemed refused and withdrawn. If a cure offer is accepted, the seller or lessor shall have 10 days to begin effectuating the agreed upon cure and such must be completed within a reasonable time. Any applicable statute of limitations shall be tolled for the 20-day period or for the period of time the effectuation of the cure offer is being performed, whichever is longer. Nothing in this section shall be construed to prevent a consumer that has accepted a cure offer from bringing a civil action against a seller or lessor for failing to timely effect such cure offer. Where an action is brought, it shall be a complete defense that a cure offer was made, accepted and the agreed upon cure was performed. If the finder of fact determines that the cure offer was accepted and the agreed upon cure performed, the seller or lessor shall be entitled to reasonable attorney’s fees and costs attendant to defending the action. No cure offer shall be admissible in any proceeding unless the cure offer is delivered by a seller or lessor to the person claiming loss or to any attorney representing such person prior to the filing of the seller or lessee’s initial responsive pleading in such proceeding. If the cure offer is timely delivered by the seller or lessor, then the seller or lessee may introduce the cure offer into evidence at trial. The seller or lessor shall not be liable for such person’s attorney’s fees and court costs incurred following delivery of the cure offer unless the actual damages found to have been sustained and awarded, without consideration of attorney’s fees and court costs, exceed the value of the cure offer.
ATRA President Tiger Joyce writes how companies that end arbitration face the risk of consumer class actions, in the face of plaintiffs firms ramping up mass arbitration proceedings.
We are saddened to hear of former Missouri state Senator Ed Emery’s untimely death. Senator Emery was not only a champion of tort reform, but a pillar in his community. […]
The New York trial bar may get yet another gift from the state lawmakers seemingly tied around their finger.
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$7 million spent in Quarter 1 of 2021 to air nearly 61,000 local legal services TV ads in Illinois