093_HB1636 LRB093 05267 JLS 05357 b 1 AN ACT creating the Short-term Loan Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Short-term Loan Act. 6 Section 5. Definitions. 7 "Check" means a check, draft, or other negotiable 8 instrument used for payment of money. 9 "Department" means the Department of Financial 10 Institutions. 11 "Director" means the Director of the Department of 12 Financial Institutions. 13 "Interest bearing loan" means a loan in which the debt is 14 expressed as a principal amount plus interest charged on 15 actual unpaid principal balances for the time actually 16 outstanding. 17 "Lender" means an entity making loans subject to this 18 Act. 19 "Short-term loan" means a loan that: 20 (1) is made by a lender that does not accept 21 insured deposits; 22 (2) is secured by a post-dated check or by the 23 title to a motor vehicle; and 24 (3) has a term of not more than 30 days or upon 25 which interest is charged at an annual percentage rate 26 exceeding 36%. 27 Section 10. Contractual disclosures and prohibitions. 28 (a) A short-term loan contract must provide all 29 disclosures required by Regulation Z of the Federal 30 Truth-In-Lending Act. A copy of all loan documents must be -2- LRB093 05267 JLS 05357 b 1 given to the borrower. 2 (b) Before entering into a short-term loan agreement, a 3 lender must give to the borrower a pamphlet describing the 4 borrower's rights and responsibilities in the transaction and 5 providing a toll-free number through which the borrower can 6 contact the Department of Financial Institutions regarding 7 questions and complaints. 8 (c) A lender may not provide for arbitration or 9 mediation in a venue other than the county in which the loan 10 was made. A loan contract may not contain a cognovit or 11 confession of judgement clause or provision. A short-term 12 loan may not require the borrower to deposit a set of vehicle 13 keys with the lender or an agent of the lender as a condition 14 of, or incident to, the loan. A loan contract must advise the 15 borrower that matters involving improprieties in the making 16 of the loan or in loan collection practices may be referred 17 to the Department and shall prominently display the 18 Department's address and telephone number. A lender may not 19 take possession of a motor vehicle for a loan default and 20 lease the vehicle back to the borrower. Any appraisal of the 21 value of a motor vehicle that has been used to secure a loan 22 shall be limited to the vehicle's Kelly Blue Book Used Car 23 Guide value. 24 Section 15. Debt management service; notice. 25 (a) At the time a lender conveys a notice to a borrower 26 indicating the borrower is in arrears or in default for a 27 legally constituted debt issued by the lender under this Act, 28 the lender shall include with the notice a statement 29 indicating the toll-free telephone number of the Department 30 of Financial Institutions which the borrower may contact for 31 the purpose of the borrower receiving information from the 32 Department on how to contact a debt management service for 33 assistance in resolving debt problems of the borrower. The -3- LRB093 05267 JLS 05357 b 1 form and method of the notice provided by licensees shall be 2 subject to approval by the Department. 3 (b) The Department must establish a toll-free telephone 4 number as provided by subsection (a) of this Section. This 5 toll-free number may be the same as that disclosed under 6 subsection (b) of Section 10. The Department shall, in 7 cooperation with an organization representing debt management 8 services, establish a listing of debt management service 9 offices that the Department shall provide to borrowers who 10 are requesting the services of those offices. The Department 11 shall provide the list on an approximate geographic basis as 12 that relates to the borrower's residence. 13 (c) The Department, in cooperation with an organization 14 representing debt management services, shall prepare a notice 15 that describes the services provided by debt management 16 services. The notice shall include the address, telephone 17 number, and general area served by all debt management 18 services in Illinois. The notice shall be prominently 19 displayed by all lenders making loans under this Act. 20 (d) When a loan made under this Act is refinanced, the 21 lender shall provide to the borrower a copy of a statement 22 that contains the information set forth in subsection (c) of 23 this Section. The statement shall be provided to the 24 borrower separately from the loan refinancing contract at the 25 time the loan refinancing contract is signed by the borrower. 26 (e) Each loan refinancing contract executed by a lender 27 shall include a statement, which shall be initialed by the 28 borrower, as follows: 29 "I have received from (name of lender) a statement that 30 discloses information about debt management services and the 31 address and telephone number of the debt management service 32 nearest my residence.". 33 (f) The Department shall adopt rules to implement the 34 requirements of this Section. For the purposes of this -4- LRB093 05267 JLS 05357 b 1 Section "debt management service" has the meaning given that 2 term in the Debt Management Service Act. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.