(815 ILCS 122/4-5)
Sec. 4-5. Prohibited acts. A licensee or unlicensed person or entity making payday loans may not commit, or have committed on behalf of the licensee or unlicensed person or entity, any of the following acts:
(1) Threatening to use or using the criminal process
in this or any other state to collect on the loan.
(2) Using any device or agreement that would have the
effect of charging or collecting more fees or charges than allowed by this Act, including, but not limited to, entering into a different type of transaction with the consumer.
(3) Engaging in unfair, deceptive, or fraudulent
practices in the making or collecting of a payday loan.
(4) Using or attempting to use the check provided by
the consumer in a payday loan as collateral for a transaction not related to a payday loan.
(5) Knowingly accepting payment in whole or in part
of a payday loan through the proceeds of another payday loan provided by any licensee, except as provided in subsection (c) of Section 2.5.
(6) Knowingly accepting any security, other than that
specified in the definition of payday loan in Section 1-10, for a payday loan.
(7) Charging any fees or charges other than those
specifically authorized by this Act.
(8) Threatening to take any action against a consumer
that is prohibited by this Act or making any misleading or deceptive statements regarding the payday loan or any consequences thereof.
(9) Making a misrepresentation of a material fact by
an applicant for licensure in obtaining or attempting to obtain a license.
(10) Including any of the following provisions in
loan documents required by subsection (b) of Section 2-20:
(A) a confession of judgment clause;
(B) a waiver of the right to a jury trial, if
applicable, in any action brought by or against a consumer, unless the waiver is included in an arbitration clause allowed under subparagraph (C) of this paragraph (11);
(C) a mandatory arbitration clause that is
oppressive, unfair, unconscionable, or substantially in derogation of the rights of consumers; or
(D) a provision in which the consumer agrees not
to assert any claim or defense arising out of the contract.
(11) Selling any insurance of any kind whether or not
sold in connection with the making or collecting of a payday loan.
(12) Taking any power of attorney.
(13) Taking any security interest in real estate.
(14) Collecting a delinquency or collection charge on
any installment regardless of the period in which it remains in default.
(15) Collecting treble damages on an amount owing
from a payday loan.
(16) Refusing, or intentionally delaying or
inhibiting, the consumer's right to enter into a repayment plan pursuant to this Act.
(17) Charging for, or attempting to collect,
attorney's fees, court costs, or arbitration costs incurred in connection with the collection of a payday loan.
(18) Making a loan in violation of this Act.
(19) Garnishing the wages or salaries of a consumer
who is a member of the military.
(20) Failing to suspend or defer collection activity
against a consumer who is a member of the military and who has been deployed to a combat or combat-support posting.
(21) Contacting the military chain of command of a
consumer who is a member of the military in an effort to collect on a payday loan.
(22) Making or offering to make any loan other than a
payday loan or a title-secured loan, provided however, that to make or offer to make a title-secured loan, a licensee must obtain a license under the Consumer Installment Loan Act.
(Source: P.A. 96-936, eff. 3-21-11.)
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Last modified: February 18, 2015