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August 10, 2022

ISP Settles FOID Fee Lawsuit for $100K –

By John Kraft & Kirk Allen

On December 29, 2021

Madison Co., IL. (ECWd) –

From my Inbox:

This form is to notify you of a class action lawsuit, pending in the Third Judicial Circuit, Madison County, Illinois, which may affect your rights. The case name is Gary Sterr, individually and on behalf of others similarly situated v. GREGORY HACKER, in his official capacity as Chief of the Firearms Services Bureau, and MICHAEL W. FRERICHS, in his official capacity as Treasurer of the State of Illinois, Case No. 2015-L-2337, Madison County, Illinois.

     Generally, the case alleges that 430 ILCS 65/5 sets the cost for an Illinois Firearms Owners Identification Card at $10.00. However, since March 15, 2015, Defendants have charged the $10.00 statutory fee plus applicable processing fee for an Illinois Firearms Owners Identification Card (“FOID”). Currently, there exists no mechanism to obtain an Illinois Firearms Owners Identification Card for $10.00. Defendants deny the allegations, and claim that the charges for a FOID card are in compliance with the law.

     Plaintiff seeks to prevent Defendants from charging in excess of $10.00 to obtain a FOID card.

     The parties have agreed to a proposed settlement. A general description of the proposed settlement is that as part of the settlement, Defendants will provide an option to apply for a FOID card, specifically by electronic check, without charging additional processing, above the $10 fee, unless and until the Illinois General Assembly changes the law. In exchange, Defendants will pay class counsel up to $100,000.00 in litigation costs and attorney fees, as ultimately approved by the Court. This is only a general description, and the filings are with the Court’s control.

     The Court has appointed Gary Sterr as class representative. 

     The Court has appointed Thomas G. Maag and Peter J. Maag, of the Maag Law Firm, LLC, 22 West Lorena Avenue, Wood River, IL 62095, as class counsel.

     The Defendants are represented by Laura K. Bautista, of the Office of the Illinois Attorney General, 500 South Second Street, Springfield, IL 62701.

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4 Comments
  • NiteCat
    Posted at 13:15h, 29 December

    You can’t conduct any online or face-to-face business with this state without them attaching a “processing” fee in excess of what they pay banks in fees. Min. charge on most transactions is up to $4.50 now unles you write them a check.

  • Scott j.
    Posted at 13:35h, 11 January

    This is not a 100000 settlement . This is you the defendant agreeing to pay up to 100k in attorney fees with the option to opt out .

  • Tracy Lindquist
    Posted at 12:51h, 29 January

    I dont understand. Who is doing this and how would our name got on the lawsuit. If we don’t opt out are we expected to pay something.

    • John Kraft
      Posted at 12:59h, 29 January

      if you don’t opt out, you will get refunded the amount overpaid.

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