Illinois Repair-Attempt Presumption (815 ILCS 380/3)

Illinois codifies its “reasonable number of repair attempts” thresholds at 815 ILCS 380/3. Meeting either of the two tests creates a rebuttable presumption that the manufacturer failed to repair — shifting the burden to the manufacturer.

The two tests under § 380/3

Test 1 — Four-attempt rule (same defect)

The consumer meets the standard when:

• The same nonconformity has been the subject of four or more repair attempts; AND
• The consumer has given the manufacturer written notice and opportunity to cure; AND
• The defect continues to exist.

Test 2 — 30-business-day cumulative out-of-service rule

The consumer meets the standard when:

• The vehicle has been out of service by reason of repair for a total of 30 or more business days during the statutory warranty period.
• The 30 business days don’t have to be for the same defect.

Note that the statute counts business days, not calendar days — weekends and holidays don’t count toward the total.

Notice and opportunity to cure

Both tests require the consumer to give the manufacturer (not just the dealer) written notice and opportunity to cure. Best practice — certified mail with return receipt.

What counts as a “repair attempt”

A repair attempt requires:

• The vehicle was presented to an authorized service facility.
• The consumer reported the defect.
• A repair order documents the visit.

Importantly:

• “No problem found” visits count.
• Different symptoms during the same visit can count as multiple attempts for separate nonconformities.
• Routine maintenance doesn’t count.
• Independent-mechanic visits don’t count.

The 12-month / 12,000-mile window

Repair attempts must occur within the Lemon Law’s 12-month / 12,000-mile window from delivery. Illinois’s tight window makes documentation discipline critical — you don’t have much time to accumulate four attempts.

Bottom line

815 ILCS 380/3’s thresholds are similar to most major states’, but the tight 12-month / 12,000-mile window is what makes Illinois cases challenging. Document carefully, send written notice promptly, and don’t extend the negotiation indefinitely.

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