(815 ILCS 405/1) (from Ch. 121 1/2, par. 501)
Sec. 1.
This Act may be cited as the Retail Installment Sales Act.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/2) (from Ch. 121 1/2, par. 502)
Sec. 2.
For the purposes of this Act, unless the context otherwise
requires, the terms specified in the following Sections preceding Section
3 have the
meanings ascribed to them in those Sections.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/2.1) (from Ch. 121 1/2, par. 502.1)
Sec. 2.1.
"Goods" means all goods used or purchased primarily for personal,
family, or household purposes. "Goods" includes goods purchased primarily
for agricultural purposes only for the purposes of the credit disclosure
requirements of this Act. "Goods" includes merchandise certificates or
coupons issued by a retail seller to be used in their face amount in the
purchase of goods or services sold by such a seller but does not include
money or other things in action. It also includes goods which are furnished
or used, at the time of sale or subsequently, in the modernization,
rehabilitation, repair, alteration, improvement, or construction of real
estate so as to become a part of that real estate whether or not severable
therefrom. "Goods" includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is not real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. "Goods" does not include a motor vehicle as defined in the
Illinois Vehicle Code, but does include bicycles, motorcycles, motor
scooters, snowmobiles and trailers when purchased primarily for personal,
family or household purposes. "Goods" does not include goods used or
purchased primarily for business or commercial purposes.
(Source: P.A. 98-749, eff. 7-16-14.)
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(815 ILCS 405/2.2) (from Ch. 121 1/2, par. 502.2)
Sec. 2.2.
"Services" means work, labor or services of any kind rendered or
furnished or agreed to be rendered or furnished by a retail seller for a
use other than in business (including farming or a profession), but does
not include services for which tariffs, rates, premiums or charges are
required by law to be determined or approved or to be filed with and
subject to approval or disapproval by this State or the United States or by
any department, division, agency, officer, or official of either this State
or the United States; nor does it include professional services such as
those performed by an accountant, a lawyer, a physician, a veterinarian, a
surgeon, a psychiatrist, a nurse, or a dentist unless the furnishing of
those professional services is the subject of a signed retail installment
sales contract.
"Services" means work, labor or services rendered or furnished for use
in agriculture or farming only for the purposes of the credit disclosure
requirements of this Act.
(Source: P.A. 76-1780.)
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(815 ILCS 405/2.3) (from Ch. 121 1/2, par. 502.3)
Sec. 2.3.
"Retail buyer" or "buyer" means a person who buys goods or
obtains services from a retail seller in a retail installment transaction.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/2.4) (from Ch. 121 1/2, par. 502.4)
Sec. 2.4.
"Retail seller" or "seller" means a person regularly engaged in,
and whose business consists to a substantial extent of, selling, and who in
the ordinary course of business regularly sells or offers to sell goods or
services to retail buyers. The term includes the licensee or concessionaire
under a lease or license agreement for a department in a shop, store or
other establishment if the department is conducted in the name of the
licensor or store and the licensor or store is liable to customers in
respect to goods sold or services furnished or rendered in the licensed or
leased department.
(Source: P.A. 76-1780.)
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(815 ILCS 405/2.5) (from Ch. 121 1/2, par. 502.5)
Sec. 2.5.
"Retail installment transaction" means a credit sale of goods or
a furnishing or rendering of services by a retail seller to a retail buyer
for a deferred payment price payable in one or more installments pursuant
to a retail installment contract or a retail charge agreement.
(Source: P.A. 76-1780.)
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(815 ILCS 405/2.6) (from Ch. 121 1/2, par. 502.6)
Sec. 2.6.
"Retail installment contract", "installment contract" or
"contract" means an instrument or instruments, other than a retail charge
agreement or an instrument reflecting a sale made pursuant thereto, entered
into in this State and prescribing the terms of a retail installment
transaction.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/2.7) (from Ch. 121 1/2, par. 502.7)
Sec. 2.7.
"Retail charge agreement" or "charge agreement" means an
instrument prescribing the terms of a retail installment transaction which
is made pursuant to the instrument, whether secured or unsecured, in which
the buyer's total unpaid balance under the instrument is payable in one or
more installments over a period of time and under the terms of which the
finance charge is to be computed in relation to the buyer's unpaid balance
from time to time.
(Source: P.A. 76-1780.)
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(815 ILCS 405/2.8) (from Ch. 121 1/2, par. 502.8)
Sec. 2.8.
"Cash sale price" means the price stated in a retail installment
contract, or in a sales slip or other memorandum furnished by a retail
seller to a retail buyer in connection with a retail charge agreement, for
which the seller in good faith and in the regular course of business would
have sold or furnished to the buyer and the buyer would have bought or
obtained from the seller the goods or services which are the subject matter
of a retail installment transaction, if the sale had been a sale for cash.
The cash sale price may include any taxes and the cash sale prices for
accessories and their installation and for delivery, servicing, repairing,
or improving the goods.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/2.9) (from Ch. 121 1/2, par. 502.9)
Sec. 2.9.
"Official fees" means the taxes and fees prescribed by law that
actually are, or will be, paid to public officials for determining the
existence
of, or for perfecting, releasing or satisfying a security interest retained
by a seller under a retail installment transaction.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/2.10) (from Ch. 121 1/2, par. 502.10)
Sec. 2.10.
"Amount financed" means the cash sale price of the goods or
services which are the subject matter of a retail installment contract plus
all other charges individually itemized, which are included in the amount
financed but which are not a part of the finance charge minus the amount of
the buyer's down payment in money or goods.
(Source: P.A. 76-1780.)
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(815 ILCS 405/2.11) (from Ch. 121 1/2, par. 502.11)
Sec. 2.11.
"Finance charge" means the sum of all charges payable, directly
or indirectly by the buyer and imposed directly or indirectly by the seller
as an incident to or as a condition of the extension of credit, whether
payable by the buyer, the seller, or any other person on behalf of the
buyer to the seller or a third party including any of the following types
of charges:
(1) Interest, time price differential, and any amount payable under a
discount or other system of additional charges.
(2) Service, transaction, activity, or carrying charge.
(3) Loan fee, points, finder's fee, or similar charge.
(4) Fee for an appraisal, investigation, or credit report.
(5) Charges or premiums for credit life, accident, health, or loss of
income insurance, written in connection with any credit transaction unless
(i) the insurance coverage is not required by the | ||
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(ii) any customer desiring such insurance coverage | ||
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(6) Charges or premiums for insurance, written in connection with any
credit transaction, against loss of or damage to property or against
liability arising out of the ownership or use of property, unless a clear,
conspicuous, and specific statement in writing is furnished by the creditor
to the customer setting forth the cost of the insurance if obtained from or
through the creditor and stating that the customer may choose the person
through which the insurance is to be obtained.
(7) Premium or other charge for any other guarantee or insurance
protecting the creditor against the customer's default or other credit
loss.
(8) Any charge imposed by a creditor upon another creditor for
purchasing or accepting an obligation of a customer if the customer is
required to pay any part of that charge in cash, as an addition to the
obligation, or as a deduction from the proceeds of the obligation.
If itemized and disclosed to the customer, any charges of the following
types need not be included in the finance charge:
(a) Fees and charges prescribed by law which actually are or will be
paid to public officials for determining the existence of or for perfecting
or releasing or satisfying any security related to the credit transaction.
(b) The premium payable for any insurance in lieu of perfecting any
security interest otherwise required by the creditor in connection with the
transaction, if the premium does not exceed the fees and charges described
in subparagraph (1) of this paragraph which would otherwise be payable.
(c) Taxes not included in the cash price.
(d) License, certificate of title, and registration fees imposed by law.
(e) Other charges as authorized by this Act.
A late payment, delinquency, default, reinstatement, or other such
charge is not a finance charge if imposed for actual unanticipated late
payment, delinquency, default or other such occurrence.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/2.12) (from Ch. 121 1/2, par. 502.12)
Sec. 2.12.
"Deferred payment price" means the total of (1) the cash sale
price of the goods or services purchased, (2) all other charges
individually itemized which are included in the amount financed but which
are not a part of the finance charge, and (3) the finance charge.
(Source: P.A. 76-1780.)
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(815 ILCS 405/2.13) (from Ch. 121 1/2, par. 502.13)
Sec. 2.13.
"Sales finance agency" means a person engaged,
in
whole or in part, in the business of purchasing or making loans upon the
security of retail installment contracts or retail charge agreements. The
term includes, but is not limited to, banks, trust companies, private
bankers and industrial banks authorized to do business and to accept
deposits in this State, if so engaged.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/2.14) (from Ch. 121 1/2, par. 502.14)
Sec. 2.14.
"Holder" of a retail installment contract or a retail charge
agreement means the retail seller of the goods or services under the
installment contract or charge agreement or the sales finance agency or
other assignee which purchases or makes a loan upon the security of the
installment contract or the charge agreement.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/2.15) (from Ch. 121 1/2, par. 502.15)
Sec. 2.15.
"Annual percentage rate" means the nominal annual percentage rate of
finance charge determined in accordance with the actuarial method of
computation with an accuracy at least to the nearest 1/4 of 1%; or at the
option of the seller, by application of the United States rule so that it
may be disclosed with an accuracy at least to the nearest 1/4 of 1%.
(Source: P.A. 76-1780.)
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(815 ILCS 405/2.16)
Sec. 2.16.
Truth-in Lending Act.
"Truth-in-Lending Act" means the
federal Truth-in-Lending Act,
15 U.S.C. 1601 et seq., and Regulation Z, 12 C.F.R. Part 226.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/2.17)
Sec. 2.17.
Precomputed.
A contract is "precomputed" if the debt is
expressed as a sum
of the amount financed plus the amount of the finance charge computed in
advance.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/3) (from Ch. 121 1/2, par. 503)
Sec. 3.
(a) Every retail installment contract must be in writing, dated,
signed by both the buyer and the seller, and, except as otherwise provided
in this Act, completed as to all essential provisions, before it is signed
by the buyer.
(b) The printed or typed portion of the contract, other than
instructions for completion, must be in size equal to at least 8-point
type.
(c) The contract must contain printed or written in a size equal to at
least 10-point bold type:
(1) Both at the top of the contract and directly | ||
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(2) A notice as follows:
"Notice to the buyer.
1. Do not sign this agreement before you read it or | ||
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2. You are entitled to an exact copy of the agreement | ||
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3. Under the law you have the right, among others, to | ||
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(Source: P.A. 100-863, eff. 8-14-18.)
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(815 ILCS 405/4) (from Ch. 121 1/2, par. 504)
Sec. 4.
Every retail installment contract must contain the names of the
seller and of the buyer, the place of business of the seller, the residence
of the buyer as specified by the buyer, and a description or identification
of the goods sold or to be sold or services furnished or rendered or to be
furnished or rendered. The contract must clearly state and describe any
security taken or retained by the seller. No charge may be made to a buyer
under an installment contract or charge agreement for insurance against
loss or damage to the goods, for insurance against liability for personal
injury or property damage caused to others by reason of ownership or
operation of the goods, for credit life insurance, for credit health and
accident insurance or for any other kind of insurance, unless the
installment contract or charge agreement separately specifies for each kind
of insurance the type of coverage, the term of coverage and the separate,
identified charge made therefor. However, a single charge may be made for
credit life, credit health and accident insurance whose issuance in a
single form or package has been authorized by the Director of Insurance and
whose charges for its various parts can not be separately stated, and, in
the case of contracts or charge agreements negotiated and entered into by
mail or telephone, in which the kind of insurance, type of coverage, the
term of coverage and the charge to be made therefor is clearly set forth in
a catalog or other printed solicitation of the seller, disclosure shall be
made in the manner required by Section 24 or Section 25 of this Act,
whichever one is applicable.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/5) (from Ch. 121 1/2, par. 505)
Sec. 5.
Every retail installment contract shall disclose the following
items, as applicable:
(1) The cash price of the property or service purchased, using the term
"cash price".
(2) The amount of the down payment itemized, as applicable, as down
payment in money, using the term "cash down payment", down payment in
property, using the term "trade-in" and the sum, using the term "total down
payment".
(3) The difference between the amounts described in subparagraphs (1)
and (2) of this paragraph, using the term "unpaid balance of cash price".
(4) All other charges, individually itemized, which are included in the
amount financed but which are not part of the finance charge.
(5) The sum of the amounts determined under subparagraphs (3) and (4) of
this paragraph, using the term "unpaid balance".
(6) Any amounts required to be deducted under this Act using, as
applicable, the terms "prepaid finance charge" and "required deposit
balance", and, if both are applicable, the total of such items using the
term "total prepaid finance charge and required deposit balance".
(7) The difference between the amounts determined under subparagraphs
(5) and (6) of this paragraph, using the term "amount financed".
(8) The total amount of the finance charge, with description of each
amount included, using the term "finance charge".
(9) The sum of the amounts determined under subparagraphs (1), (4), and
(8) of this paragraph, using the term "deferred payment price".
(10) The finance charge expressed as an annual percentage rate, using
the term "annual percentage rate", except in the case of a finance charge
(i) which does not exceed $5 and is applicable to an | ||
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(ii) which does not exceed $7.50 and is applicable to | ||
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(11) The number, amount, and due dates or periods of payments scheduled
to repay the indebtedness and the sum of such payments using the term
"total of payments". If installment payments are stated in terms of a
series of scheduled amounts and if the amount of the final installment
payment does not exceed the scheduled amount of any preceding installment
payment, the maximum number of payments and the amount and date of each
payment need not be separately stated and the amount of the scheduled final
installment payment may be stated as the remaining unpaid balance. The due
date of the first installment payment may be fixed by a calendar date, by
reference to the date of the contract or by reference to the date of
delivery or installation of the goods.
(12) The amount, or method of computing the amount, of any default,
delinquency, or similar charges payable in the event of late payments.
(13) A description or identification of the type of any security
interest held or to be retained or acquired by the seller in connection
with the extension of credit, and a clear identification of the property to
which the security interest relates.
(14) A description of any penalty charge that may be imposed by the
seller or his assignee for prepayment of the principal of the obligation with an explanation of the method of
computation of such penalty and the conditions under which it may be
imposed.
(15) Identification of the method of computing any unearned portion of
the finance charge in the event of prepayment of the obligation and a
statement of the amount or method of computation of any charge that may be
deducted from the amount of any rebate of such unearned finance charge that
will be credited to the obligation or refunded to the buyer.
(16) The date on which the finance charge begins to accrue if different
from the date of the transaction.
The disclosures required to be given by this Section shall be made
clearly, conspicuously and in meaningful sequence. Where the terms "finance
charge" and "annual percentage rate" are required to be used, they shall be
printed more conspicuously than other terminology required.
A retail installment contract which complies with the federal Truth in
Lending Act, amendments thereto, and any regulations issued or which may
be issued thereunder, shall be deemed to be in compliance with the provisions
of this Section.
Notwithstanding any other provision of this Act or any other law of
this State, there is no obligation or duty to disclose to an obligor under a
retail installment contract: (i) any agreement to sell, assign, or otherwise
transfer the contract to a third party for an amount which is equal to, in
excess of, or less than the amount financed under the contract; or (ii) that
the assignee of the contract or the person who funded it may pay the seller or
the person who originated the contract all or a portion of the prepaid finance
charges and other fees or a portion of the finance charge to be paid by the
buyer over the term of the transaction or any other compensation irrespective
of how the compensation is determined.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/6) (from Ch. 121 1/2, par. 506)
Sec. 6.
(a) Every retail installment contract must provide for a schedule
of periodic
installment payments from the due date of the
first installment payment to the date of the final maturity of the
contract.
(b) Retail installment contracts may provide for balloon-note financing.
For the purpose of this Section, "balloon-note financing" means the manner of
purchase whereby a consumer agrees to select and perform, at the conclusion of
a predetermined schedule of installment payments made in periodic or monthly
amounts, one of the following options:
(1) satisfy the balance of the contractual amount | ||
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(2) refinance any balance owing, on the terms | ||
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(c) Retail installment contracts may provide for deferred payment of a
down payment provided any deferred portion of a down payment is payable not
later than 10 days prior to the due date of the first regularly scheduled
payment and is not subject to a finance charge.
(d) Retail installment sales contracts may be precomputed or interest
bearing.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/7) (from Ch. 121 1/2, par. 507)
Sec. 7.
Notwithstanding the provisions of any retail installment contract
to the contrary, the buyer may prepay the contract in full, whether by
payment in cash, extension, renewal or otherwise, at any time before
maturity, and if he does so, shall receive a refund credit thereon for that
prepayment. The amount of refund credit shall represent at least as great a
proportion of the finance charge, less an acquisition cost of $25,
as the
sum of the periodical time balances beginning with the next payment period
bears to the sum of all the periodical time balances under the schedule of
installment payments in the contract.
In those instances where a buyer's overpayment requires the refund credit to
be given through the issuance of a negotiable instrument by the holder, no
refund credit need be made if the amount of refund credit is less than $5,
provided that a buyer may obtain a cash refund at the seller's or holder's
location. In
all other cases where the buyer's prepayment permits the refund credit to be
given to
the buyer as a credit on the buyer's account, no refund credit need be made if
the amount of refund credit is less than $1.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/8) (from Ch. 121 1/2, par. 508)
Sec. 8.
(a) A seller under a retail installment contract or retail charge
agreement may require insurance against substantial risk of loss of or
damage to the goods protecting the seller or holder, as well as the buyer,
and may, if the buyer elects, include therefor in the contract an
amount not exceeding the premiums
chargeable for similar insurance in accordance with rate filings made with
the Director of Insurance.
No seller or holder may require, as a condition precedent to or as a part of
a retail installment transaction, that such insurance be purchased from or
through the seller or holder, or any employee, affiliate, or associate of
seller or holder.
A seller under a retail installment contract may not require other insurance; but if the buyer
voluntarily contracts therefor, the seller may then include in the contract
an amount for that other insurance not exceeding the premiums paid or
payable by the seller or holder. In those transactions where the buyer
elects to select the insurance company, broker or agent for the purpose of
obtaining insurance required by the holder under this Section, the buyer
must furnish the holder with satisfactory evidence of insurance on or
before the date when the buyer takes possession of the goods.
(b) If the obligor fails to furnish evidence that he has procured
insurance on the property, the licensee may purchase substitute insurance that
may be substantially equivalent to or more limited than coverage the obligor is
required to maintain. Such insurance must comply with the Collateral
Protection Act.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/9) (from Ch. 121 1/2, par. 509)
Sec. 9.
The seller may not decline existing insurance written by an
insurance company authorized to do business in this State and must afford
the buyer the privilege of purchasing any required insurance from or
through an insurance company, broker or agent of his own selection, if the
insurance company is approved by the holder.
All insurance which is purchased by the holder and for which an amount is
included in a contract or charge agreement must be written by an insurance
company authorized to do business in this State. The holder of a contract
or charge agreement which includes an amount for insurance purchased by the
seller or holder must, within 30 days after the date of the contract or
charge agreement, cause to be sent to the buyer the policies or
certificates of insurance clearly setting forth the amount of the premium,
the types of insurance, the coverages and all the terms, exceptions,
limitations, restrictions and conditions of the insurance or, in respect to
group credit life insurance and credit accident and health insurance, a
notice or statement for that insurance clearly setting forth the name of
the insurer, the identity of the insured buyer by name or otherwise and a
description of the coverage.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/10) (from Ch. 121 1/2, par. 510)
Sec. 10.
Credit life insurance and credit accident and health insurance
issued in connection with a retail installment contract or retail charge
agreement and any charge therefor made to the buyer, must comply with
Article IX 1/2 of the "Illinois Insurance Code," approved June 29, 1937, as
now or hereafter amended, and all lawful requirements of the Director of
Insurance related thereto.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/11) (from Ch. 121 1/2, par. 511)
Sec. 11.
If any insurance for which an amount is included in the
contract or charge agreement is cancelled, any unearned insurance refund
exceeding one dollar received or receivable by the holder or, if the amount
included for insurance in the contract or charge agreement exceeds the
premiums paid or payable by the holder, any unearned portion of
the amount so included exceeding one dollar shall be credited on the final
maturing installments of the contract except to the extent those amounts
are applied toward payment for similar insurance protecting the interests
of the buyer and the holder or either of them.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/11.1)
Sec. 11.1.
Disclosure of consideration paid to seller.
Consideration or
another thing of value may be paid to or retained by the seller or holder or an
affiliate
of the seller or holder in connection with any insurance, debt cancellation
contract, or
other such product purchased pursuant to the retail installment sales contract
made or held by the seller
and all or a portion of the consideration may be included in the amount charged
to
the obligor, so long as the seller or holder discloses to the obligor that the
seller, holder,
or any of their affiliates may receive something of value in
connection with the
purchase.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/12) (from Ch. 121 1/2, par. 512)
Sec. 12.
Delinquency charges.
A retail installment contract or a
retail charge agreement may provide for a delinquency
and collection charge, on each installment in default for a period
of not less than 10
days, in an amount not exceeding 5% of the installment on installments in
excess of $200 or $10 on installments of $200 or less. Only one delinquency and collection charge may be collected on any
installment regardless of the period during which it
remains
in default. In addition, a retail installment contract or a retail charge
agreement may provide for the payment by the buyer of reasonable attorney's
fees
incurred in the collection or enforcement of the contract or retail charge
agreement. Any clause or provision of any retail installment contract or
retail
charge agreement entered into after December 31, 1973, to the contrary
notwithstanding with respect to attorney's fees incurred in the collection
or enforcement of such contract or retail charge agreement the court in its
discretion may award attorney's fees to either party as the interest of
justice may require.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/12.1)
Sec. 12.1.
Final installment.
Fifteen days after the final installment is
due as originally scheduled or deferred, the holder may compute and charge
interest on any balance remaining unpaid, including unpaid default or deferment
charges, at the annual percentage rate stated in the retail installment
contract until fully paid or until reduced to judgment. At the time the final
installment is due, the holder shall give notice to the buyer stating any
amounts unpaid.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/13) (from Ch. 121 1/2, par. 513)
Sec. 13.
No provision in a retail installment contract under which, in the
absence of the buyer's default, the holder may, arbitrarily and without
reasonable cause, accelerate the maturity of any part of or all of the
amount
owing thereunder is enforceable.
No provision in a retail installment contract under which the holder may
accelerate the maturity of any part or all of the amount owing thereunder
is enforceable, unless prior to such acceleration, the buyer has been in
default for at least 30 days or the buyer has abandoned or destroyed the
property or the holder has reasonable cause to believe that the buyer is
about to leave the state.
No provision in a retail installment contract relieving the seller from
liability for any remedies provided by law which the buyer
may have against the
seller under the contract is enforceable.
No provision in a retail installment contract purporting to waive any of
the provisions of this Act is enforceable.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/14) (from Ch. 121 1/2, par. 514)
Sec. 14.
The seller shall deliver to the buyer a copy of the retail
installment contract signed by the seller. Any acknowledgment by the buyer
of delivery of a copy of the contract must be printed or written in a size
equal to at least 10 point bold type and, if contained in the contract,
must appear directly above the legend required above the buyer's signature
by Section 3. The buyer's written acknowledgment of
delivery of a copy of the contract conforming to the requirements of this
Act is conclusive proof of that delivery and of compliance with this
Section in any action by or against an assignee of the contract without
knowledge to the contrary when he purchases the contract. Until the seller
delivers a copy of the contract to him, a buyer who has not received
delivery of the goods or has not been furnished or rendered the services
has the right to cancel his agreement and to receive a refund of all
payments made and a return of all goods traded in to the seller on account
of or in contemplation of the contract or, if those goods cannot be
returned, the value thereof. However, this Section shall not apply when
merchandise has been specially ordered or custom made to the specifications
of the purchaser and evidence of such order is provided the seller.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/15) (from Ch. 121 1/2, par. 515)
Sec. 15.
Notwithstanding Sections 4 and 5 and paragraph (a) of Section 3
of this Act, if delivery of the goods is not made at the time of the
execution of the retail installment contract, and the contract so provides,
the identifying number or marks of the goods or similar information and the
due date of the first installment may be inserted by the seller in the
seller's counterpart of the contract after it has been signed by the buyer.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/16) (from Ch. 121 1/2, par. 516)
Sec. 16.
The seller or holder of a retail installment contract must give
the buyer a written receipt for any payment made in cash. Upon the buyer's
written request, the holder of a retail installment contract shall give or
forward to the buyer a written statement of the amounts of payments and the
total amount unpaid under the contract covering transactions during a
period not to exceed 18 months from the date of the buyer's written
request. A buyer is entitled to such a statement once every 6 months
without charge. The holder may require payment of a charge not exceeding
$10 for each additional statement furnished.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/17) (from Ch. 121 1/2, par. 517)
Sec. 17.
An agreement by a buyer that he will not assert against the
assignee or the holder of a retail installment contract executed by the
buyer any claim or defense which he may have against the seller and the
rights of a holder in due course of any negotiable note executed in
connection with a retail installment contract are enforceable by an
assignee or holder who takes his assignment or indorsement for value in
good faith and without notice of a claim or defense unless:
(a) the assignee or holder is an affiliate of the seller. "Affiliate"
includes a parent or subsidiary corporation, any person holding substantial
common ownership of stock of the assignee and the seller and any person
having the common ownership of the legal or commercial entities of assignee
and seller;
(b) the assignee or the holder has actual knowledge or has received
notice before the contract or note is acquired (1) of repetitive complaints
of a substantial nature by other buyers to any governmental agency that the
seller has failed or refused to perform his agreements with such buyers;
and (2) of the failure of the seller to perform his agreements with such
buyers within a reasonable time after the governmental agency has
determined that the complaints are well-founded and has notified seller
thereof, and the assignee, if known; or
(c) the assignee or the holder has actual knowledge or has received
notice from its course of dealing with the seller or from its own records
of substantial complaints by other buyers that seller has failed or refused
to perform his agreements with such buyers within a reasonable time after
such complaints are made.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/18) (from Ch. 121 1/2, par. 518)
Sec. 18.
All defenses available against a holder in due course of a
negotiable instrument under subsection (2) of Section 3-305 of the Uniform
Commercial Code are available to a buyer under a retail installment
contract notwithstanding any agreement to the contrary.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/19) (from Ch. 121 1/2, par. 519)
Sec. 19.
Each person, other than a seller or holder, who signs a retail
installment contract, retail charge agreement, or any other agreement or
instrument
in a retail installment transaction may be held liable only to the extent
that he actually receives
the goods sold or services furnished in the retail installment transaction,
except that a parent
or spouse who co-signs such contract, agreement or instrument may be held
liable to the full extent of the deferred payment price notwithstanding such
parent or
spouse has not actually received the goods sold or services furnished under
such retail
installment transaction and except to the extent such person other than
a seller or holder,
signs in the capacity of a guarantor of collection.
The obligation of such guarantor is secondary, and not primary. The obligation
arises only after the seller or holder has reduced his claim against the
primary obligor and
execution has been returned unsatisfied, or after the primary obligor
has become insolvent or it is otherwise apparent that it is useless
to proceed against him.
No provision in a retail installment contract obligating such guarantor is valid
unless:
(1) there appears below the signature space provided for such guarantor the following:
"I, hereby guarantee the collection of the above described amount upon failure
of the seller named herein to collect said amount from the buyer named herein."; and
(2) unless the guarantor, in addition to signing the retail installment contract,
signs a separate instrument in the following form:
"EXPLANATION OF GUARANTOR'S OBLIGATION
You .......... (name of guarantor) by signing the retail installment
contract and this document are agreeing that you will pay $ ........ (total deferred
payment price) for the purchase of .......... (description of goods or services)
purchased
by ........ (name of buyer) from ....... (name of seller).
Your obligation arises only after the seller or holder has attempted
through the use of the court system to collect this amount from the buyer.
If the seller cannot collect this amount from the buyer, you will be
obligated to pay
even though you are not entitled to any of the goods or services furnished.
The seller
is entitled to sue you in court for the payment of the amount due."
The instrument must be printed, typed or otherwise reproduced in a size and
style equal to at least 8 point bold type, and may contain no other matter
(except a union printing label) than above set forth and must bear the
signature of the co-signer and no other person. The seller shall give the
co-signer a copy of the retail installment contract and a copy of the
co-signer statement.
A person actually receives the goods sold or services furnished in a
retail installment transaction when he or she physically possesses the goods or
benefits from the goods or services or when someone authorized by the person
physically possesses the goods or benefits from the goods or services.
A person's separately signed written authorization is conclusive proof of that
person actually receiving the goods sold or services furnished in any action by
or against an assignee of the contract. Notwithstanding the provisions of
this paragraph, a person signing a retail installment contract as a guarantor
is
liable only pursuant to the provisions in this Act relating to guarantors.
(Source: P.A. 89-650, eff. 1-1-97.)
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(815 ILCS 405/20) (from Ch. 121 1/2, par. 520)
Sec. 20.
The holder of a contract, upon request by the buyer, may extend
the scheduled due date of all or any part of any installment or
installments, or renew or restate the unpaid time balance of the contract,
the amounts and due dates of the installments, and may collect for that
extension, renewal or restatement a refinance charge computed as follows:
If the unpaid time balance of the contract is extended, renewed or
restated, the holder may compute the refinance charge on an amount
determined by adding to the unpaid balance the cost to the holder for
insurance and official fees incidental to the refinancing and accrued
delinquency and collection charges and deducting any refund credit which
may be due the buyer for prepayment under Section 7 at the rate of
finance charge applicable to the net balance at the time of refinancing.
(Source: P.A. 76-1780.)
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(815 ILCS 405/21) (from Ch. 121 1/2, par. 521)
Sec. 21.
If, in a retail installment transaction, a buyer makes
any subsequent purchase of goods or services from a seller from whom
he has previously purchased goods or services under one or more retail
installment contracts, and the amounts under the previous contract or
contracts have not been fully paid, the subsequent purchases may, at the
seller's option, be included in and consolidated with one or more of the
previous contracts. Each subsequent purchase must be evidenced by a
separate retail installment contract under this Act, notwithstanding that
the purchase may be included in and consolidated with one or more of those
in the previous contracts. All of the provisions of this Act with respect
to retail installment contracts apply to these subsequent purchases except
as otherwise provided in this Section. If installment purchases are
consolidated, the seller may, instead of having the buyer execute a retail
installment contract for each subsequent purchase as provided in this Act,
prepare a written memorandum of each subsequent purchase, in which case
Sections 3 and 14 and paragraph (a) of Section 5 do not apply. Unless
previously furnished in writing to the buyer by the seller, by sales slip,
memoranda or otherwise, the memorandum must set forth with respect to each
subsequent purchase the following:
(1) all items of disclosure required by Section 5 of | ||
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(2) the outstanding balance of the previous contract | ||
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(3) the consolidated balance;
(4) the deferred payment price of the subsequent | ||
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(5) the revised Total of Payments applicable to the | ||
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The seller must deliver to the buyer a copy of this memorandum before
the due date of the first installment under the consolidated contract.
(Source: P.A. 90-437, eff. 1-1-98; 91-357, eff. 7-29-99.)
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(815 ILCS 405/22) (from Ch. 121 1/2, par. 522)
Sec. 22.
When subsequent purchases are made, if the seller has retained or
taken a security interest in any of the goods purchased under any one of
the contracts included in the consolidation he
(1) shall apply the entire amount of all payments made before the
subsequent purchases to the previous purchases;
(2) shall allocate each payment on the consolidated contract after the
subsequent purchases to all of the various purchases in the same ratio as
the original cash sale prices of the various purchases bear to the total of
all;
(3) may, at his option, where the amount of each installment payment is
increased in connection with a subsequent purchase, allocate the subsequent
payments by applying an amount equal to the original periodic payment to
the previous purchase and the balance to the subsequent purchase. However,
he must allocate the amount of any down payment on the subsequent purchase
in its entirety to the subsequent purchase.
This Section does not apply to subsequent purchases involving equipment
or other goods attached or affixed to goods previously purchased and not
fully paid for, or to services in connection therewith rendered by the
seller at the buyer's request.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/23) (from Ch. 121 1/2, par. 523)
Sec. 23.
If a retail installment transaction is a sale of goods for a cash
sale price of $150 or less where no security interest is retained or taken
by the seller, the retail installment contract may consist of an original
document signed by the retail buyer, stated to be applicable to purchases
of goods or services to be made by the retail buyer from time to time. In
such a case, the original document, together with the sales slip, account
book or other written statement relating to each purchase, must set forth
all of the information required by Sections 3, 4, 5 and 6 of this Act and
constitutes the retail installment contract for each purchase. On each
succeeding purchase under that original document, the sales slip, account
book or other written statement may, at the option of the seller,
constitute the memorandum required by Section 21.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/23.1)
Sec. 23.1.
Other fees.
The seller may charge a premium for insurance, in
lieu of perfecting a security interest, to the extent that the premium does not
exceed the fees paid to public officials for determining the existence of or
for perfecting or satisfying a security interest. The premium must be
disclosed in the itemization of the amount financed.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/24) (from Ch. 121 1/2, par. 524)
Sec. 24.
Retail installment contracts negotiated and entered into by mail
or telephone without personal solicitation by salesmen or other
representatives of the seller and based upon a catalog of the seller or
other printed solicitation clearly setting forth the cash sale prices and
other terms of sales to be made through that medium, may be made as
provided in this Section. The provisions of this Act with respect to retail
installment contracts apply to those sales, except that the
designation and notice provisions of paragraphs (b) and (c) of
Section 3 are inapplicable to such contracts.
(Source: P.A. 90-437, eff. 1-1-98.)
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(815 ILCS 405/25) (from Ch. 121 1/2, par. 525)
Sec. 25.
Agreement requirements.
(a) A retail charge agreement must be in writing and must be
signed by the buyer. If a charge agreement was executed on or after January
1, 1968, the seller must deliver or mail to the buyer a copy of that charge
agreement before the date when the first payment is due under that
agreement except where such charge agreement was negotiated by mail and
otherwise meets the requirements of this Section. An acknowledgment of the
delivery of the agreement when contained in the body of the charge
agreement is presumptive proof of delivery in any action. All charge
agreements executed on or after January 1, 1968 must state the amount or
rate of the finance charge to be charged and paid pursuant thereto.
A retail charge agreement shall be deemed to be signed or accepted by the
buyer if, after a request for a retail charge account, that retail charge
agreement or application for a retail charge account is in fact signed by the
buyer, or if that retail charge account is used by the buyer, or if that retail
charge account is used by another person authorized by
the buyer to use it. The retail charge agreement shall
not
become effective unless and until the buyer has received the disclosures
required pursuant to the federal Truth in Lending Act (15 U.S.C. 1601 et seq.),
and the buyer or a person authorized by the buyer uses the retail charge
account.
(b) The seller under a holder of a retail charge agreement must promptly
supply the buyer under the agreement, as of the end of each monthly period
(which need not be a calendar month) or other regular period agreed upon by
the seller and the buyer in which there is any unpaid balance under that
agreement, a statement reciting the following terms (although not
necessarily in the sequence stated):
(1) the unpaid balance under the retail charge | ||
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(2) unless otherwise furnished by the seller to the | ||
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(3) the payments made by the buyer to the seller and | ||
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(4) the amount of any finance charge expressed as an | ||
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(c) (Blank)
(d) Additionally, the following information shall be printed either on
an application for a retail charge agreement, literature accompanying the
application or on or with any retail charge account solicitation: (1) the
annual percentage rate or rates of the finance charge applicable to the
account, or if the rate is variable, that fact, and the rate as of a
specified date or the index from which the rate is determined; (2) the
annualized membership or participation fee or charge, if any; (3) the grace
period, which is defined as the period within which any credit extended
under such credit plan must be repaid to avoid incurring a finance charge
represented in terms of an annual percentage rate, and if no such
period is offered such
fact shall be clearly stated; (4) transaction fees, if assessed, for the use
of the charge account, a late payment charge, minimum finance charge
and over limit charge. The term "solicitation" means written material
mailed or any other solicitation in a written form which constitutes an
application for, or an offer to open a charge account without
completing an application.
Additional items may be included to explain the computations made in
determining the amount to be paid by the buyer.
A retail charge agreement which complies with the Federal Truth in
Lending Act, amendments thereto, and any regulations issued or which may be
issued thereunder, shall be deemed to be in compliance with the provisions
of this Section.
(Source: P.A. 88-546; 89-321, eff. 1-1-96; 89-635, eff. 8-9-96.)
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(815 ILCS 405/25.1) (from Ch. 121 1/2, par. 525.1)
Sec. 25.1.
(Repealed).
(Source: Repealed by P.A. 88-546.)
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(815 ILCS 405/26) (from Ch. 121 1/2, par. 526)
Sec. 26.
Unless otherwise limited by this Section, the parties shall have the rights
and remedies provided in Article 9 of the Uniform Commercial Code with respect
to default and disposition of collateral.
If the buyer has paid an
amount equal to 60% or more of the deferred payment price at the time of
his default under the contract and if the buyer, at the request of the
holder and without legal proceedings, surrenders the goods to the holder in
ordinary condition and free from malicious damage, the holder must, within
a period of 5 days from the date of receipt of the goods at his place of
business, elect either (a) to retain the goods and release the buyer from
further obligation under the contract, or (b) to return the goods to the
buyer at the holder's expense and be limited to an action to recover the
balance of the indebtedness.
If the buyer has paid an amount equal to 30% or more of the deferred
payment price at the time of repossession,
the buyer may, within 15 days, redeem the collateral from the holder by
tendering (a) the total of all unpaid amounts, including any unpaid delinquency
or deferral charges due at the time of tender, without acceleration, and
(b) performance necessary to cure any default other than nonpayment of the
amounts due, and (c) any reasonable
costs or fees incurred by the holder in the retaking of the goods. Tender
of payment and performance pursuant to this Section restores to the buyer
his rights under the contract as though no default had occurred. The buyer
has a right to redeem the collateral from the holder only once under this Section.
(Source: P.A. 82-550.)
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(815 ILCS 405/26.5) Sec. 26.5. Relief concerning a retail installment contract default for military personnel in military service. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States. (b) With respect to any act taken by a holder pursuant to Section 26, a buyer who is a service member that has entered military service, if the buyer entered into the retail installment contract before the buyer entered military service and on or after the effective date of this amendatory Act of the 97th General Assembly, may file a petition for relief, and the court shall do one or more of the following if the buyer's ability to pay the agreed retail installment contract payments is materially affected by the buyer's military service: (1) stay any repossession of goods subject to the | ||
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(2) adjust the obligation under the retail | ||
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(3) stay the repossession of the goods or collateral | ||
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(c) In order to be eligible for the benefits granted to a service member under this Section, a service member must provide the court and the holder with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service. (d) If a stay is granted under this Section, the court
may grant the holder such relief as equity may require. (e) In addition to any sanction available to the court for violation of a stay or order, a violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty
imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.) |
(815 ILCS 405/27) (from Ch. 121 1/2, par. 527)
Sec. 27.
The finance charge on any retail installment contract shall be no more than the maximum rate permissible under the Predatory Loan Prevention Act.
(Source: P.A. 101-658, eff. 3-23-21.)
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(815 ILCS 405/28) (from Ch. 121 1/2, par. 528)
Sec. 28.
The finance charge on any retail charge agreement shall be no more than the maximum rate permissible under the Predatory Loan Prevention Act.
(Source: P.A. 101-658, eff. 3-23-21.)
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(815 ILCS 405/28.1) (from Ch. 121 1/2, par. 528.1)
Sec. 28.1.
Upon the account holder's request, the total amount of finance
charges charged to or paid by
the account holder during the year shall be provided to the account holder
within 60 days after the
end
of the year, or if the account has been terminated during
such year, within 60
days after such termination.
(Source: P.A. 89-321, eff. 1-1-96.)
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(815 ILCS 405/29) (from Ch. 121 1/2, par. 529)
Sec. 29.
No retail seller whose sales are regulated under this Act may
advertise to the public on price tags, on signs, in public media, or in any
other manner that indicates or implies that the finance charge or interest
rates he charges are in any way "recommended", "approved", "set" by the
State government or by this Act.
(Source: P.A. 76-1780.)
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(815 ILCS 405/29.1) (from Ch. 121 1/2, par. 529.1)
Sec. 29.1.
(a) No advertisement to aid, promote, or assist directly or indirectly
any extension of consumer credit may state:
(1) that a specific periodic consumer credit amount or installment
amount can be arranged, unless the creditor usually and customarily
arranges credit payments or installments for that period and in that
amount.
(2) that a specified down payment is required in connection with any
extension of consumer credit, unless the creditor usually and customarily
arranges down payments in that amount.
(b) This Section applies to any advertisement to aid, promote, or assist
directly or indirectly any consumer credit sale or other extension of
credit subject to the provisions of this Act.
(c) If any advertisement to which this Section applies states the rate
of a finance charge, the advertisement must state the rate of that charge
expressed as an annual percentage rate.
(d) If any advertisement to which this Section applies states the amount
of the down payment, if any, the amount of any installment payment, the
dollar amount of any finance charge, or the number of installments or the
period of repayment, then the advertisement must state all of the following
items:
(1) The cash price.
(2) The down payment, if any.
(3) The number, amount, and due dates or period of payments scheduled to
repay the indebtedness if the credit is extended.
(4) The rate of the time price differential expressed as an annual
percentage rate.
(e) If a catalog or other multiple-page advertisement sets forth or
gives information in sufficient detail to permit determination of the
disclosures required by this Section in a table or schedule of credit
terms, such catalog or multiple-page advertisement shall be considered a
single advertisement provided:
(1) The table or schedule and the disclosures made therein are set forth
clearly and conspicuously, and
(2) Any statement of credit terms appearing in any place other than in
that table or schedule of credit terms clearly and conspicuously refers to
the page or pages on which that table or schedule appears, unless that
statement discloses all of the credit terms required to be stated under
this Section. For the purpose of this subparagraph, cash price is not a
credit term.
(f) A lender or creditor who complies with the federal Truth in Lending
Act, amendments thereto, and any regulations issued or which may be issued
thereunder, shall be deemed to be in compliance with the provisions of this
Section.
(Source: P.A. 82-169.)
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(815 ILCS 405/29.2) (from Ch. 121 1/2, par. 529.2)
Sec. 29.2.
(Repealed).
(Source: Repealed by P.A. 88-546.)
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(815 ILCS 405/29.5) Sec. 29.5. Prohibition on retail installment transactions for canines and felines. No retail seller shall enter into a retail installment transaction for the purchase of a canine or feline. Any retail seller, including his or her assignee or successor in interest, who enters into a retail installment transaction for a canine or feline has no right to collect, receive, or retain any principal, interest, or charges related to the retail installment transaction and the retail installment transaction is null and void. This Section shall apply prospectively and shall not apply retroactively. This Section shall not impair or affect the obligation of any retail installment transaction entered into before the effective date of this amendatory Act of the 103rd General Assembly.(Source: P.A. 103-339, eff. 1-1-24.) |
(815 ILCS 405/30) (from Ch. 121 1/2, par. 530)
Sec. 30.
The Attorney General or the State's Attorney of any county in this
State may bring an action in the name of the State against any person to
restrain and prevent any violation of this Act. In the enforcement of this
Act, the Attorney General or the State's Attorney may accept an assurance
of discontinuance of any act or practice deemed in violation of this Act
from any person engaging in, or who has engaged in, that act or practice.
Failure to perform the terms of any such assurance constitutes prima facie
proof of a violation of this Act.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/31) (from Ch. 121 1/2, par. 531)
Sec. 31.
(a) Any person who knowingly violates this Act is guilty of a Class A
misdemeanor.
(b) No person who violates this Act, except as a result of an accident
or bona fide error of computation, may recover any finance charge, any
delinquency or collection charge or any refinance charge in connection with
the related retail installment contract or retail charge agreement.
(Source: P.A. 77-2265.)
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(815 ILCS 405/32) (from Ch. 121 1/2, par. 532)
Sec. 32.
If any provision of this Act or the application thereof to any
person or circumstances is held invalid, the invalidity shall not affect
other provisions or applications of this Act which can be effected without
the invalid provision or application, and to this end the provisions of
this Act are severable.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/33) (from Ch. 121 1/2, par. 533)
Sec. 33.
The Retail Installment Sales Act, approved June 17, 1957, as
amended, is repealed. Transactions entered into before January 1, 1968
and the rights, duties and interests flowing from them remain valid
thereafter and may be satisfied, completed, consummated or enforced as
required or permitted by the Retail Installment Sales Act repealed by this
Act as though that repeal had not occurred.
(Source: Laws 1967, p. 2149.)
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(815 ILCS 405/33.1) Sec. 33.1. Rulemaking authority. The Secretary of Financial and Professional Regulation and his or her designees shall have authority to adopt and enforce reasonable rules, directions, orders, decisions, and findings necessary to execute and enforce this Act and protect consumers in this State. The Secretary's authority to adopt rules shall include, but not be limited to: licensing, examination, supervision, and enforcement.
(Source: P.A. 101-658, eff. 3-23-21.) |