We believe that jury trial waivers can be enforced in Illinois, but we recommend consulting with bank counsel before instituting your website’s new terms and conditions. Recently, a federal court interpreting Illinois law upheld a waiver of the right to a jury trial, even though it was in a form contract and was not separated or distinguished from the other terms of the contract. IFC Credit Corp. vs. United Bus. & Indus. Fed. Credit Union, 512 F.3d 989, 994 (7th Cir. 2008). However, as noted in that case, courts in other states have refused to enforce jury trial waivers, due to a lack of evidence that the waiver was “knowing and voluntary” (particularly because jury waivers are waivers of a constitutional right under the Seventh Amendment). See, e.g., Nat. Equipment Rental, Ltd. v. Hendrix, 565 F.2d 255, 257­–58 (2d. Cir. 1977); K.M.C. Co. v. Irving Trust Co., 757 F.2d 752, 755–57 (6th Cir. 1985). Because other states and other courts have imposed more onerous requirements on jury waivers, we recommend consulting with counsel for guidance on whether it may be advisable to take additional steps to ensure that the waiver is valid and enforceable.