TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
PART 365 BANKS ENGAGING IN PAYDAY LENDING
SECTION 365.20 DEFINITIONS


 

Section 365.20  Definitions

 

"Bank" means a state-chartered bank chartered under the provisions of the Illinois Banking Act [205 ILCS 5].

 

"Department" means the Illinois Department of Financial and Professional Regulation.

 

"Division" means the Illinois Department of Financial and Professional Regulation-Division of Banking.

 

"Payday Loan" or "loan" means a loan with a finance charge exceeding an annual percentage rate of 36% and with a term that does not exceed 120 days, including any transaction conducted via any medium whatsoever, including, but not limited to, paper, facsimile, Internet, or telephone, in which:

 

A lender accepts one or more checks dated on the date written and agrees to hold them for a period of days before deposit or presentment, or accepts one or more checks dated subsequent to the date written and agrees to hold them for deposit; or

 

A lender accepts one or more authorizations to debit a consumer's account; or

 

A lender accepts an interest in a consumer's wages, including, but not limited to, a wage assignment.

 

"PLRA" means the Payday Loan Reform Act [815 ILCS 122].  Banks are expressly exempt from the provisions of the PLRA.