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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Financial Institutions Code is amended by
5changing Sections 1, 2, 4, 6, 6a, 7, 8, 15, 16, 17, and 18 and
6by adding Sections 18.2, 18.3, and 18.5 as follows:
 
7    (20 ILCS 1205/1)  (from Ch. 17, par. 101)
8    Sec. 1. Short title. This Act shall be known and shall be
9cited as the "Financial Institutions Act Code."
10(Source: Laws 1957, p. 369.)
 
11    (20 ILCS 1205/2)  (from Ch. 17, par. 102)
12    Sec. 2. Purpose. The purpose of the Financial Institutions
13Act Code is to provide under the Governor for the orderly
14administration and enforcement of laws relating to financial
15institutions under the authority of the Governor.
16(Source: Laws 1957, p. 369.)
 
17    (20 ILCS 1205/4)  (from Ch. 17, par. 104)
18    Sec. 4. Definitions. As used in this Act:
19    "Address of record" means the designated address recorded
20by the Division in the applicant's application file or the
21licensee's license file, as maintained by the Division.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Director" means the Director or acting Director of the
4Division of Financial Institutions and any authorized
5representative of the Director.
6    "Division" means the Division of Financial Institutions of
7the Department.
8    "Financial institutions" means ambulatory and community
9currency exchanges, credit unions, guaranteed credit unions,
10money transmitters, title insuring or guaranteeing companies
11and their agents, consumer installment lenders, payday
12lenders, sales finance agencies, consumer legal funding
13companies, collection agencies, and any other person who
14industry or business that offers services or products that are
15regulated under any Act administered by the Director.
16    "License" means any certificate or authorization issued to
17any person, party, or entity pursuant to any Act administered
18by the Division.
19    "Licensee" means any person, party, or entity who is or
20comes to be certified, chartered, registered, licensed, or
21otherwise authorized by the Division pursuant to any Act
22administered by the Division.
23    "Payday loan" has the meaning ascribed to that term in the
24Payday Loan Reform Act.
25    "Person" means any individual, partnership, joint venture,
26trust, estate, firm, corporation, cooperative society or

 

 

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1association, or any other form of business association or
2legal entity.
3    "Regulated person" means a person whose activities are
4subject to an Act or rule that is administered by the Division.
5"Regulated person" includes licensees as well as persons who
6are lawfully or unlawfully unlicensed. "Regulated person" also
7includes managers and owners of the licensee.
8    "Secretary" means the Secretary or acting Secretary of
9Financial and Professional Regulation and any authorized
10representative of the Secretary.
11(Source: P.A. 102-975, eff. 1-1-23.)
 
12    (20 ILCS 1205/6)
13    Sec. 6. General powers and duties. In addition to the
14powers and duties provided by law and imposed elsewhere in
15this Act, the Division has the following powers and duties:
16        (1) To administer and enforce the Consumer Installment
17    Loan Act and its implementing rules.
18        (2) To administer and enforce the Currency Exchange
19    Act and its implementing rules.
20        (3) To administer and enforce the Debt Management
21    Service Act and its implementing rules.
22        (4) To administer and enforce the Debt Settlement
23    Consumer Protection Act and its implementing rules.
24        (5) To administer and enforce the Illinois Development
25    Credit Corporation Act and its implementing rules.

 

 

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1        (6) To administer and enforce the Payday Loan Reform
2    Act and its implementing rules.
3        (7) To administer and enforce the Safety Deposit
4    License Act and its implementing rules.
5        (8) To administer and enforce the Sales Finance Agency
6    Act and its implementing rules.
7        (9) To administer and enforce the Title Insurance Act
8    and its implementing rules.
9        (10) To administer and enforce the Transmitters of
10    Money Act and its implementing rules.
11        (11) To administer and enforce the Predatory Loan
12    Prevention Act and its implementing rules.
13        (12) To administer and enforce the Motor Vehicle
14    Retail Installment Sales Act and its implementing rules.
15        (13) To administer and enforce the Retail Installment
16    Sales Act and its implementing rules.
17        (14) To administer and enforce the Illinois Credit
18    Union Act and its implementing rules.
19        (15) To administer and enforce the Collection Agency
20    Act and its implementing rules.
21        (16) To administer and enforce the Consumer Legal
22    Funding Act and its implementing rules.
23        (17) (16) To administer and enforce this Act and any
24    other Act administered by the Director or Division.
25        (17) If the Division is authorized or required by law
26    to consider some aspect of criminal history record

 

 

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1    information for the purpose of carrying out its statutory
2    powers and responsibilities, to obtain from the Illinois
3    State Police, upon request and payment of the fees
4    required by the Illinois State Police Law of the Civil
5    Administrative Code of Illinois, pursuant to positive
6    identification, such information contained in State files
7    as is necessary to carry out the duties of the Division.
8         (18) To authorize and administer examinations to
9    ascertain the qualifications of applicants and licensees
10    for which the examination is held.
11         (19) To conduct hearings in proceedings to revoke,
12    suspend, refuse to renew, or take other disciplinary
13    action regarding licenses, charters, certifications,
14    registrations, or authorities of persons as authorized in
15    any Act administered by the Division.
16    Whenever the Division is authorized or required by law to
17consider some aspect of criminal history record information
18for the purpose of carrying out its statutory powers and
19responsibilities, then, upon request and payment of fees in
20conformance with the requirements of Section 2605-400 of the
21Illinois State Police Law, the Illinois State Police is
22authorized to furnish, pursuant to positive identification,
23the information contained in State files that is necessary to
24fulfill the request.
25(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
26102-975, eff. 1-1-23; 103-154, eff. 6-30-23.)
 

 

 

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1    (20 ILCS 1205/6a)  (from Ch. 17, par. 107)
2    Sec. 6a. The Secretary Director may, in accordance with
3the The Illinois Administrative Procedure Act, adopt
4reasonable rules with respect to the administration and
5enforcement of any Act the administration of which is vested
6in the Division Director or the Department.
7(Source: P.A. 81-205.)
 
8    (20 ILCS 1205/7)  (from Ch. 17, par. 108)
9    Sec. 7. Illinois Administrative Procedure Act. The
10provisions of the "The Illinois Administrative Procedure Act",
11as now or hereafter amended, are hereby expressly adopted and
12incorporated herein as though a part of this Act, and shall
13apply to all administrative rules and procedures of the
14Division Director and the Department of Financial Institutions
15under this Act. , except that the provisions of the
16Administrative Procedure Act regarding contested cases shall
17not apply to actions of the Director under Section 15.1 of "An
18Act in relation to the definition, licensing and regulation of
19community currency exchanges and ambulatory currency
20exchanges, and the operators and employees thereof, and to
21make an appropriation therefor, and to provide penalties and
22remedies for the violation thereof", approved June 30, 1943,
23as amended, or Sections 8 and 61 of "The Illinois Credit Union
24Act".

 

 

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1(Source: P.A. 100-22, eff. 1-1-18.)
 
2    (20 ILCS 1205/8)  (from Ch. 17, par. 109)
3    Sec. 8. Duties of the Secretary. The Secretary Director
4shall direct and supervise all Department administrative and
5technical activities, in addition to the duties imposed upon
6the Secretary him elsewhere in this Act Code, and shall:
7    (1) Apply and carry out this Act Code and the laws and all
8rules adopted in pursuance thereof.
9    (2) Appoint, subject to the provisions of the Personnel
10Code, such employees of the Division Department and such
11experts and special assistants as may be necessary to carry
12out effectively the provisions of this Act Code.
13    (3) Foster and develop programs with financial
14institutions, for the best interests of these institutions,
15their services, and the People people of the State of
16Illinois.
17    (4) Attend meetings of the Advisory Boards created by laws
18relating to financial institutions.
19    (5) Make continuous studies and report his recommendations
20to the Governor for the improvement of the Department.
21    (6) Make an annual report regarding the work of the
22Department and such special reports as he may consider
23desirable to the Governor, or as the Governor may request.
24    (5) (7) Perform any other lawful acts that the Secretary
25which he may consider necessary or desirable to carry out the

 

 

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1purposes and provisions of this Act Law.
2(Source: Laws 1957, p. 369.)
 
3    (20 ILCS 1205/15)  (from Ch. 17, par. 116)
4    Sec. 15. Pending actions and proceedings. This Act shall
5not affect any act done, ratified or confirmed or any right
6accrued or established, or affect or abate any action or
7proceeding had or commenced in a civil or criminal cause
8before this Act takes effect; but such actions or proceedings
9may be prosecuted and continued by the Division Department of
10Financial Institutions.
11(Source: Laws 1957, p. 369.)
 
12    (20 ILCS 1205/16)  (from Ch. 17, par. 117)
13    Sec. 16. Director and supervisors. The Governor shall
14appoint a Director of the Division, who shall, by and with the
15advice and consent of the Senate, oversee the Division and who
16shall report to the Secretary. There shall be a Supervisor of
17Consumer Credit, a Supervisor of Currency Exchanges, a
18Supervisor of Title Insurance, and a Supervisor of Credit
19Unions. The respective supervisors Supervisors shall be
20appointed by and responsible to the Director and shall be
21administratively responsible within the Department for the
22financial institutions and title insurance entities to which
23their appointments pertain. The Secretary may appoint other
24supervisory staff as deemed necessary to implement Acts the

 

 

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1Division administers.
2(Source: P.A. 99-549, eff. 7-15-16.)
 
3    (20 ILCS 1205/17)  (from Ch. 17, par. 118)
4    Sec. 17. Prohibited interests. Neither the Secretary, the
5Director, nor any supervisor in the Division, nor any examiner
6in the Division shall be an officer, director, owner, or
7shareholder of, or a partner in, or have any proprietary
8interest, direct or indirect, in any financial institution
9under the jurisdiction of the Division. However, ; provided,
10however, that ownership of withdrawable capital accounts or
11shares in credit unions and ownership of diversified
12investment funds, employee benefit plans, pensions, retirement
13and thrift saving plans, or similar financial instruments in
14which the employee has no ability to exercise control over or
15selection of the financial interests held by the fund are
16permitted shall not be deemed to be prevented hereby. If the
17Secretary, Director, or any supervisor, or examiner within the
18Division is a , shall be a shareholder, or partner in, or an
19owner of or has have any interest, direct or indirect, in any
20such financial institution under the jurisdiction of the
21Division at the time of his appointment, that person he shall
22dispose of the his shares of stock or other evidences of
23ownership or property within 120 days from the date of his
24appointment. It is unlawful for the Secretary, Director, or
25any supervisor or examiner within the Division to obtain or

 

 

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1repay any loan, product, or service from a financial
2institution subject to the jurisdiction of the Division on
3terms more favorable than those offered to the general public.
4The Secretary is authorized to adopt rules to implement or
5interpret this Section. It is unlawful for the Director, any
6supervisor or examiner to obtain any loan or gratuity from a
7financial institution subject to the jurisdiction of the
8Department as herein provided. If any other employee of the
9Department borrows from or becomes indebted in an aggregate
10amount of $2,500 or more to any financial institution subject
11to the jurisdiction of the Department, he shall make a written
12report to the Director stating the date and amount of such loan
13or indebtedness, the security therefor, if any, and the
14purpose or purposes for which proceeds have been or are to be
15used.
16(Source: P.A. 91-357, eff. 7-29-99.)
 
17    (20 ILCS 1205/18)  (from Ch. 17, par. 119)
18    Sec. 18. Oaths; subpoenas; penalty.
19    (a) At any time during the course of any investigation or
20hearing conducted pursuant to any Act administered by the
21Division, the Secretary The Director shall have the power to
22administer oaths, subpoena witnesses, take evidence, and
23compel the production of any books, records, or any other
24documents that the Secretary deems relevant or and papers
25pertinent to any investigation or hearing regarding the

 

 

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1operation of any financial institution. Witnesses in
2investigations or hearings conducted under this Section are
3entitled to the same fees and mileage, and in the same manner,
4as prescribed by law in judicial proceedings in civil cases of
5this State.
6    (b) Any person who fails to appear in response to a
7subpoena, or to answer any question, to or produce any books,
8and papers, records, or any documents deemed relevant or
9pertinent to such investigation or hearing, or who knowingly
10gives false testimony therein, is guilty of a Class A
11misdemeanor. Each violation shall constitute a separate and
12distinct offense. In addition to initiating criminal
13proceedings through referral, the Division, through the
14Attorney General, may seek enforcement of any such subpoena in
15any circuit court of this State.
16(Source: P.A. 77-2594.)
 
17    (20 ILCS 1205/18.2 new)
18    Sec. 18.2. Court order requiring attendance of witnesses
19or production of materials. Upon application by the Division,
20any Illinois circuit court may enter an order to enforce a
21subpoena issued by the Division for the attendance of
22witnesses and the production of relevant books and papers or
23other documents deemed relevant or pertinent before the
24Division in any hearing relative to the denial of an
25application, refusal to renew, suspension, revocation, placing

 

 

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1on probationary status, reprimand, fine, or the taking of any
2other disciplinary action as may be authorized in any Act
3administered by the Division. The court may compel obedience
4to its order through proceedings for contempt.
 
5    (20 ILCS 1205/18.3 new)
6    Sec. 18.3. Perjury; penalty. The Secretary may require any
7document filed under any Act administered or rule adopted by
8the Division to be verified or contain a written affirmation
9that it is signed under the penalties of perjury. Any person
10who knowingly signs a fraudulent document commits perjury as
11defined in Section 32-2 of the Criminal Code of 2012 and shall
12be guilty of a Class A misdemeanor.
 
13    (20 ILCS 1205/18.5 new)
14    Sec. 18.5. Consent orders and settlement agreements. The
15Secretary may enter into a consent order or settlement
16agreement at any time with a regulated person to resolve a
17matter arising under this Act or any other Act under the
18jurisdiction of the Division. A consent order or settlement
19agreement need not constitute an admission by a regulated
20person that this Act or a rule or order issued or adopted under
21this Act or any Act under the jurisdiction of the Division has
22been violated, nor need it constitute a finding by the
23Secretary that the person has violated this Act or a rule or
24order adopted under this Act or any Act under the jurisdiction

 

 

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1of the Division. Nothing in this Section shall be construed as
2requiring a regulated person to enter a consent order or
3settlement agreement with the Secretary.
 
4    (20 ILCS 1205/9 rep.)
5    (20 ILCS 1205/10 rep.)
6    (20 ILCS 1205/11 rep.)
7    (20 ILCS 1205/12 rep.)
8    (20 ILCS 1205/13 rep.)
9    (20 ILCS 1205/13.5 rep.)
10    (20 ILCS 1205/14 rep.)
11    Section 10. The Financial Institutions Code is amended by
12repealing Sections 9, 10, 11, 12, 13, 13.5, and 14.
 
13    Section 15. The Currency Exchange Act is amended by
14changing Section 19 as follows:
 
15    (205 ILCS 405/19)  (from Ch. 17, par. 4835)
16    Sec. 19. The Department may make and enforce such
17reasonable rules, directions, orders, decisions and findings
18as the execution and enforcement of the provisions of this Act
19require, and as are not inconsistent within this Act. All such
20rules, directions, orders, decisions and findings shall be
21filed and entered by the Secretary in an indexed permanent
22book or record, or electronic record, with the effective date
23thereof suitably indicated, and such book or record shall be a

 

 

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1public document. All rules and directions, which are of a
2general character, shall be made available in electronic form
3to all licensees within 10 days after filing and any changes
4shall be emailed to all licensees shall receive by mail notice
5of any changes. Copies of all findings, orders and decisions
6shall be mailed to the parties affected thereby by United
7States mail within 5 days of such filing.
8    The Department shall adopt rules concerning classes of
9violations, which may include continuing violations of this
10Act, and factors in mitigation of violations.
11(Source: P.A. 99-445, eff. 1-1-16.)
 
12    Section 20. The Sales Finance Agency Act is amended by
13changing Section 8 as follows:
 
14    (205 ILCS 660/8)  (from Ch. 17, par. 5208)
15    Sec. 8. The Department may deny an application for a
16license, deny an application for renewal of a license, or
17suspend or revoke a license on any of the grounds listed in
18Sections 8.1 through 8.14 and the Financial Institutions Act.
19(Source: P.A. 90-437, eff. 1-1-98.)
 
20    Section 25. The Consumer Installment Loan Act is amended
21by changing Sections 9, 15 and 20.5 as follows:
 
22    (205 ILCS 670/9)  (from Ch. 17, par. 5409)

 

 

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1    Sec. 9. Fines, Suspension or Revocation of license.
2    (a) The Director may fine a licensee or any other person or
3entity doing business without the required license , after 10
4days notice by registered mail to the licensee at the address
5set forth in the license, stating the contemplated action and
6in general the grounds therefor, fine such licensee an amount
7not exceeding $10,000 per violation, or revoke or suspend any
8license issued hereunder if he or she finds that:
9        (1) The licensee has failed to comply with any
10    provision of this Act or any order, decision, finding,
11    rule, regulation or direction of the Director lawfully
12    made pursuant to the authority of this Act; or
13        (2) Any fact or condition exists which, if it had
14    existed at the time of the original application for the
15    license, clearly would have warranted the Director in
16    refusing to issue the license.
17    (a-5) All orders issued pursuant to this Act shall be
18served on the licensee, person, or entity with notice of his or
19her action, including a statement of the reasons for his or her
20actions, either personally, or by certified mail. Service by
21certified mail shall be deemed completed when the notice is
22deposited in the U.S. Mail.
23    (b) The Director may fine, suspend, or revoke only the
24particular license with respect to which grounds for the fine,
25revocation or suspension occur or exist, but if the Director
26shall find that grounds for revocation are of general

 

 

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1application to all offices or to more than one office of the
2licensee, the Director shall fine, suspend, or revoke every
3license to which such grounds apply.
4    (c) (Blank).
5    (d) No revocation, suspension, or surrender of any license
6shall impair or affect the obligation of any pre-existing
7lawful contract between the licensee and any obligor.
8    (e) The Director may issue a new license to a licensee
9whose license has been revoked when facts or conditions which
10clearly would have warranted the Director in refusing
11originally to issue the license no longer exist.
12    (f) (Blank).
13    (g) In every case in which a license is suspended or
14revoked or an application for a license or renewal of a license
15is denied, the Director shall serve the licensee with notice
16of his or her action, including a statement of the reasons for
17his or her actions, either personally, or by certified mail,
18return receipt requested. Service by certified mail shall be
19deemed completed when the notice is deposited in the U.S.
20Mail.
21    (h) An order assessing a fine, an order revoking or
22suspending a license or, an order denying renewal of a license
23shall take effect upon service of the order unless the
24licensee requests, in writing, within 10 days after the date
25of service, a hearing. In the event a hearing is requested, the
26order shall be stayed until a final administrative order is

 

 

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1entered.
2    (i) If the licensee requests a hearing, the Director shall
3schedule a preliminary hearing within 30 days after the
4request for a hearing unless otherwise agreed to by the
5parties.
6    (j) The hearing shall be held at the time and place
7designated by the Director. The Director and any
8administrative law judge designated by him or her shall have
9the power to administer oaths and affirmations, subpoena
10witnesses and compel their attendance, take evidence, and
11require the production of books, papers, correspondence, and
12other records or information that he or she considers relevant
13or material to the inquiry.
14    (k) The costs for the administrative hearing shall be set
15by rule.
16    (l) The Director shall have the authority to prescribe
17rules for the administration of this Section.
18    (m) The Department shall establish by rule and publish a
19schedule of fines that are reasonably tailored to ensure
20compliance with the provisions of this Act and which include
21remedial measures intended to improve licensee compliance.
22Such rules shall set forth the standards and procedures to be
23used in imposing any such fines and remedies.
24(Source: P.A. 98-209, eff. 1-1-14.)
 
25    (205 ILCS 670/15)  (from Ch. 17, par. 5415)

 

 

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1    Sec. 15. Charges permitted.
2    (a) Every licensee may lend a principal amount not
3exceeding $40,000 and may charge, contract for and receive
4thereon interest at an annual percentage rate of no more than
536%, subject to the provisions of this Act. For purposes of
6this Section, the annual percentage rate shall be calculated
7as such rate is calculated using the system for calculating a
8military annual percentage rate under Section 232.4 of Title
932 of the Code of Federal Regulations as in effect on the
10effective date of this amendatory Act of the 101st General
11Assembly.
12    (b) For purpose of this Section, the following terms shall
13have the meanings ascribed herein.
14    "Applicable interest" for a precomputed loan contract
15means the amount of interest attributable to each monthly
16installment period. It is computed as if each installment
17period were one month and any interest charged for extending
18the first installment period beyond one month is ignored. The
19applicable interest for any monthly installment period is that
20portion of the precomputed interest that bears the same ratio
21to the total precomputed interest as the balances scheduled to
22be outstanding during that month bear to the sum of all
23scheduled monthly outstanding balances in the original
24contract.
25    "Interest-bearing loan" means a loan in which the debt is
26expressed as a principal amount plus interest charged on

 

 

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1actual unpaid principal balances for the time actually
2outstanding.
3    "Precomputed loan" means a loan in which the debt is
4expressed as the sum of the original principal amount plus
5interest computed actuarially in advance, assuming all
6payments will be made when scheduled.
7    "Substantially equal installment" includes a last
8regularly scheduled payment that may be less than, but not
9more than 5% larger than, the previous scheduled payment
10according to a disclosed payment schedule agreed to by the
11parties.
12    (c) Loans may be interest-bearing or precomputed.
13    (d) To compute time for either interest-bearing or
14precomputed loans for the calculation of interest and other
15purposes, a month shall be a calendar month and a day shall be
16considered 1/30th of a month when calculation is made for a
17fraction of a month. A month shall be 1/12th of a year. A
18calendar month is that period from a given date in one month to
19the same numbered date in the following month, and if there is
20no same numbered date, to the last day of the following month.
21When a period of time includes a month and a fraction of a
22month, the fraction of the month is considered to follow the
23whole month. In the alternative, for interest-bearing loans,
24the licensee may charge interest at the rate of 1/365th of the
25agreed annual rate for each day actually elapsed.
26    (d-5) No licensee or other person may condition an

 

 

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1extension of credit to a consumer on the consumer's repayment
2by preauthorized electronic fund transfers. Payment options,
3including, but not limited to, electronic fund transfers and
4Automatic Clearing House (ACH) transactions may be offered to
5consumers as a choice and method of payment chosen by the
6consumer.
7    (e) With respect to interest-bearing loans:
8        (1) Interest shall be computed on unpaid principal
9    balances outstanding from time to time, for the time
10    outstanding, until fully paid. Each payment shall be
11    applied first to the accumulated interest and the
12    remainder of the payment applied to the unpaid principal
13    balance; provided however, that if the amount of the
14    payment is insufficient to pay the accumulated interest,
15    the unpaid interest continues to accumulate to be paid
16    from the proceeds of subsequent payments and is not added
17    to the principal balance.
18        (2) Interest shall not be payable in advance or
19    compounded. However, if part or all of the consideration
20    for a new loan contract is the unpaid principal balance of
21    a prior loan, then the principal amount payable under the
22    new loan contract may include any unpaid interest which
23    has accrued. The unpaid principal balance of a precomputed
24    loan is the balance due after refund or credit of unearned
25    interest as provided in paragraph (f), clause (3). The
26    resulting loan contract shall be deemed a new and separate

 

 

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1    loan transaction for all purposes.
2        (3) Loans must be fully amortizing and be repayable in
3    substantially equal and consecutive weekly, biweekly,
4    semimonthly, or monthly installments. Notwithstanding this
5    requirement, rates may vary according to an index that is
6    independently verifiable and beyond the control of the
7    licensee.
8        (4) The lender or creditor may, if the contract
9    provides, collect a delinquency or collection charge on
10    each installment in default for a period of not less than
11    10 days in an amount not exceeding 5% of the installment on
12    installments in excess of $200, or $10 on installments of
13    $200 or less, but only one delinquency and collection
14    charge may be collected on any installment regardless of
15    the period during which it remains in default.
16    (f) With respect to precomputed loans:
17        (1) Loans shall be repayable in substantially equal
18    and consecutive weekly, biweekly, semimonthly, or monthly
19    installments of principal and interest combined, except
20    that the first installment period may be longer than one
21    month by not more than 15 days, and the first installment
22    payment amount may be larger than the remaining payments
23    by the amount of interest charged for the extra days; and
24    provided further that monthly installment payment dates
25    may be omitted to accommodate borrowers with seasonal
26    income.

 

 

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1        (2) Payments may be applied to the combined total of
2    principal and precomputed interest until the loan is fully
3    paid. Payments shall be applied in the order in which they
4    become due, except that any insurance proceeds received as
5    a result of any claim made on any insurance, unless
6    sufficient to prepay the contract in full, may be applied
7    to the unpaid installments of the total of payments in
8    inverse order.
9        (3) When any loan contract is paid in full by cash,
10    renewal or refinancing, or a new loan, one month or more
11    before the final installment due date, a licensee shall
12    refund or credit the obligor with the total of the
13    applicable interest for all fully unexpired installment
14    periods, as originally scheduled or as deferred, which
15    follow the day of prepayment; provided, if the prepayment
16    occurs prior to the first installment due date, the
17    licensee may retain 1/30 of the applicable interest for a
18    first installment period of one month for each day from
19    the date of the loan to the date of prepayment, and shall
20    refund or credit the obligor with the balance of the total
21    interest contracted for. If the maturity of the loan is
22    accelerated for any reason and judgment is entered, the
23    licensee shall credit the borrower with the same refund as
24    if prepayment in full had been made on the date the
25    judgment judgement is entered.
26        (4) The lender or creditor may, if the contract

 

 

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1    provides, collect a delinquency or collection charge on
2    each installment in default for a period of not less than
3    10 days in an amount not exceeding 5% of the installment on
4    installments in excess of $200, or $10 on installments of
5    $200 or less, but only one delinquency or collection
6    charge may be collected on any installment regardless of
7    the period during which it remains in default.
8        (5) If the parties agree in writing, either in the
9    loan contract or in a subsequent agreement, to a deferment
10    of wholly unpaid installments, a licensee may grant a
11    deferment and may collect a deferment charge as provided
12    in this Section. A deferment postpones the scheduled due
13    date of the earliest unpaid installment and all subsequent
14    installments as originally scheduled, or as previously
15    deferred, for a period equal to the deferment period. The
16    deferment period is that period during which no
17    installment is scheduled to be paid by reason of the
18    deferment. The deferment charge for a one-month one month
19    period may not exceed the applicable interest for the
20    installment period immediately following the due date of
21    the last undeferred payment. A proportionate charge may be
22    made for deferment for periods of more or less than one
23    month. A deferment charge is earned pro rata during the
24    deferment period and is fully earned on the last day of the
25    deferment period. Should a loan be prepaid in full during
26    a deferment period, the licensee shall credit to the

 

 

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1    obligor a refund of the unearned deferment charge in
2    addition to any other refund or credit made for prepayment
3    of the loan in full.
4        (6) If 2 two or more installments are delinquent one
5    full month or more on any due date, and if the contract so
6    provides, the licensee may reduce the unpaid balance by
7    the refund credit which would be required for prepayment
8    in full on the due date of the most recent maturing
9    installment in default. Thereafter, and in lieu of any
10    other default or deferment charges, the agreed rate of
11    interest may be charged on the unpaid balance until fully
12    paid.
13        (7) Fifteen days after the final installment as
14    originally scheduled or deferred, the licensee, for any
15    loan contract which has not previously been converted to
16    interest-bearing under paragraph (f), clause (6), may
17    compute and charge interest on any balance remaining
18    unpaid, including unpaid default or deferment charges, at
19    the agreed rate of interest until fully paid. At the time
20    of payment of said final installment, the licensee shall
21    give notice to the obligor stating any amounts unpaid.
22(Source: P.A. 101-563, eff. 8-23-19; 101-658, eff. 3-23-21.)
 
23    (205 ILCS 670/20.5)
24    Sec. 20.5. Cease and desist.
25    (a) The Director may issue a cease and desist order to any

 

 

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1licensee, or other person or entity doing business without the
2required license, when in the opinion of the Director, the
3licensee, or other person or entity, has violated, is
4violating, or is about to violate any provision of this Act or
5any rule or requirement imposed in writing by the Department
6as a condition of granting any authorization permitted by this
7Act.
8    (b) The Director may issue a cease and desist order prior
9to a hearing.
10    (c) The Director shall serve notice of his or her action,
11designated as a cease and desist order made pursuant to this
12Section, including a statement of the reasons for the action,
13either personally or by certified mail, return receipt
14requested. Service by certified mail shall be deemed completed
15when the notice is deposited in the U.S. mail.
16    (d) Within 15 days of service of the cease and desist
17order, the licensee or other person may request, in writing, a
18hearing.
19    (e) The Director shall schedule a preliminary hearing
20within 30 days after the request for a hearing unless
21otherwise agreed to by the parties.
22    (f) The Director shall have the authority to prescribe
23rules for the administration of this Section.
24    (g) If it is determined that the Director had the
25authority to issue the cease and desist order, he or she may
26issue such orders as may be reasonably necessary to correct,

 

 

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1eliminate, or remedy such conduct.
2    (h) The powers vested in the Director by this Section are
3additional to any and all other powers and remedies vested in
4the Director by law, and nothing in this Section shall be
5construed as requiring that the Director shall employ the
6power conferred in this Section instead of or as a condition
7precedent to the exercise of any other power or remedy vested
8in the Director.
9    (i) The cost for the administrative hearing shall be set
10by rule.
11(Source: P.A. 90-437, eff. 1-1-98.)
 
12    Section 35. The Collection Agency Act is amended by
13changing Section 13.2 as follows:
 
14    (205 ILCS 740/13.2)  (was 225 ILCS 425/13.2)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 13.2. Powers and duties of Department. The Department
17shall exercise the powers and duties prescribed by the
18Financial Institutions Act Code for the administration of
19licensing Acts and shall exercise such other powers and duties
20necessary for effectuating the purposes of this Act.
21    Subject to the provisions of this Act, the Department may:
22        (1) Conduct hearings on proceedings to refuse to issue
23    or renew or to revoke licenses or suspend, place on
24    probation, or reprimand persons licensed under this Act.

 

 

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1        (2) To adopt rules consistent with the purposes of
2    this Act, including, but not limited to: (i) rules in
3    connection with the activities of collection agencies as
4    may be necessary and appropriate for the protection of
5    consumers in this State; (ii) rules as may be necessary
6    and appropriate to define and enforce against improper or
7    fraudulent business practices in connection with the
8    activities of collection agencies; (iii) rules that define
9    the terms used in this Act and as may be necessary and
10    appropriate to interpret and implement the provisions of
11    this Act; and (iv) rules as may be necessary for the
12    enforcement of this Act.
13        (3) Obtain written recommendations from the Board
14    regarding standards of professional conduct, formal
15    disciplinary actions and the formulation of rules
16    affecting these matters. Notice of proposed rulemaking
17    shall be transmitted to the Board and the Department shall
18    review the response of the Board and any recommendations
19    made in the response. The Department may solicit the
20    advice of the Board on any matter relating to the
21    administration and enforcement of this Act.
22        (4) (Blank).
23(Source: P.A. 102-975, eff. 1-1-23.)
 
24    Section 40. The Payday Loan Reform Act is amended by
25changing Section 4-10 as follows:
 

 

 

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1    (815 ILCS 122/4-10)
2    Sec. 4-10. Enforcement and remedies.
3    (a) The remedies provided in this Act are cumulative and
4apply to persons or entities subject to this Act.
5    (b) Any material violation of this Act, including the
6commission of an act prohibited under Section 4-5, constitutes
7a violation of the Consumer Fraud and Deceptive Business
8Practices Act.
9    (c) If any provision of the written agreement described in
10subsection (b) of Section 2-20 violates this Act, then that
11provision is unenforceable against the consumer.
12    (d) Subject to the Illinois Administrative Procedure Act,
13the Secretary may hold hearings, make findings of fact,
14conclusions of law, issue cease and desist orders, have the
15power to issue fines of up to $10,000 per violation, refer the
16matter to the appropriate law enforcement agency for
17prosecution under this Act, and suspend or revoke a license
18granted under this Act. All proceedings shall be open to the
19public.
20    (e) The Secretary may issue a cease and desist order to any
21licensee or other person or entity doing business without the
22required license, when in the opinion of the Secretary the
23licensee or other person or entity has violated, is violating,
24or is about to violate any provision of this Act or any rule or
25requirement imposed in writing by the Department as a

 

 

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1condition of granting any authorization permitted by this Act.
2The cease and desist order permitted by this subsection (e)
3may be issued prior to a hearing.
4    The Secretary shall serve notice of his or her action,
5including, but not limited to, a statement of the reasons for
6the action, either personally or by certified mail, return
7receipt requested. Service by certified mail shall be deemed
8completed when the notice is deposited in the U.S. Mail.
9    Within 10 days of service of the cease and desist order,
10the licensee or other person may request a hearing in writing.
11The Secretary shall schedule a hearing within 30 days after
12the request for a hearing unless otherwise agreed to by the
13parties.
14    If it is determined that the Secretary had the authority
15to issue the cease and desist order, he or she may issue such
16orders as may be reasonably necessary to correct, eliminate,
17or remedy the conduct.
18    The powers vested in the Secretary by this subsection (e)
19are additional to any and all other powers and remedies vested
20in the Secretary by law, and nothing in this subsection (e)
21shall be construed as requiring that the Secretary shall
22employ the power conferred in this subsection instead of or as
23a condition precedent to the exercise of any other power or
24remedy vested in the Secretary.
25    (f) The Secretary may, after 10 days notice by registered
26mail to the licensee at the address set forth in the license

 

 

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1stating the contemplated action and in general the grounds
2therefore, fine a the licensee or other person or entity doing
3business without the required license an amount not exceeding
4$10,000 per violation, or revoke or suspend any license issued
5hereunder if he or she finds that:
6        (1) the licensee has failed to comply with any
7    provision of this Act or any order, decision, finding,
8    rule, regulation, or direction of the Secretary lawfully
9    made pursuant to the authority of this Act; or
10        (2) any fact or condition exists which, if it had
11    existed at the time of the original application for the
12    license, clearly would have warranted the Secretary in
13    refusing to issue the license.
14    The Secretary may fine, suspend, or revoke only the
15particular license with respect to which grounds for the fine,
16revocation, or suspension occur or exist, but if the Secretary
17finds that grounds for revocation are of general application
18to all offices or to more than one office of the licensee, the
19Secretary shall fine, suspend, or revoke every license to
20which the grounds apply.
21    The Department shall establish by rule and publish a
22schedule of fines that are reasonably tailored to ensure
23compliance with the provisions of this Act and which include
24remedial measures intended to improve licensee compliance.
25Such rules shall set forth the standards and procedures to be
26used in imposing any such fines and remedies.

 

 

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1    No revocation, suspension, or surrender of any license
2shall impair or affect the obligation of any pre-existing
3lawful contract between the licensee and any obligor.
4    The Secretary may issue a new license to a licensee whose
5license has been revoked when facts or conditions which
6clearly would have warranted the Secretary in refusing
7originally to issue the license no longer exist.
8    In every case in which a license is suspended or revoked or
9an application for a license or renewal of a license is denied,
10the Secretary shall serve the licensee or other person or
11entity doing business without the required license with notice
12of his or her action, including a statement of the reasons for
13his or her actions, either personally, or by certified mail,
14return receipt requested. Service by certified mail shall be
15deemed completed when the notice is deposited in the U.S.
16Mail.
17    An order assessing a fine, an order revoking or suspending
18a license, or an order denying renewal of a license shall take
19effect upon service of the order unless the licensee requests
20a hearing, in writing, within 10 days after the date of
21service. In the event a hearing is requested, the order shall
22be stayed until a final administrative order is entered.
23    If the licensee requests a hearing, the Secretary shall
24schedule a preliminary hearing within 30 days after the
25request for a hearing unless otherwise agreed to by the
26parties.

 

 

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1    The hearing shall be held at the time and place designated
2by the Secretary. The Secretary and any administrative law
3judge designated by him or her shall have the power to
4administer oaths and affirmations, subpoena witnesses and
5compel their attendance, take evidence, and require the
6production of books, papers, correspondence, and other records
7or information that he or she considers relevant or material
8to the inquiry.
9    (g) The costs of administrative hearings conducted
10pursuant to this Section shall be paid by the licensee.
11    (h) Notwithstanding any other provision of this Section,
12if a lender who does not have a license issued under this Act
13makes a loan pursuant to this Act to an Illinois consumer, then
14the loan shall be null and void and the lender who made the
15loan shall have no right to collect, receive, or retain any
16principal, interest, or charges related to the loan.
17(Source: P.A. 97-1039, eff. 1-1-13; 98-209, eff. 1-1-14.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 1205/1from Ch. 17, par. 101
4    20 ILCS 1205/2from Ch. 17, par. 102
5    20 ILCS 1205/4from Ch. 17, par. 104
6    20 ILCS 1205/6
7    20 ILCS 1205/6afrom Ch. 17, par. 107
8    20 ILCS 1205/7from Ch. 17, par. 108
9    20 ILCS 1205/8from Ch. 17, par. 109
10    20 ILCS 1205/15from Ch. 17, par. 116
11    20 ILCS 1205/16from Ch. 17, par. 117
12    20 ILCS 1205/17from Ch. 17, par. 118
13    20 ILCS 1205/18from Ch. 17, par. 119
14    20 ILCS 1205/18.2 new
15    20 ILCS 1205/18.3 new
16    20 ILCS 1205/18.4 new
17    20 ILCS 1205/18.5 new
18    20 ILCS 1205/9 rep.
19    20 ILCS 1205/10 rep.
20    20 ILCS 1205/11 rep.
21    20 ILCS 1205/12 rep.
22    20 ILCS 1205/13 rep.
23    20 ILCS 1205/13.5 rep.
24    20 ILCS 1205/14 rep.
25    205 ILCS 405/19from Ch. 17, par. 4835

 

 

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1    205 ILCS 660/8from Ch. 17, par. 5208
2    205 ILCS 670/9from Ch. 17, par. 5409
3    205 ILCS 670/15from Ch. 17, par. 5415
4    205 ILCS 670/20.5
5    205 ILCS 740/13.2was 225 ILCS 425/13.2
6    815 ILCS 122/4-10