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92_SB2322 LRB9215455JSpc 1 AN ACT concerning financial institutions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Financial Services Development 5 Act is amended by changing Section 6 as follows: 6 (205 ILCS 675/6) (from Ch. 17, par. 7006) 7 Sec. 6. Additional fees and charges. 8 (a) In addition to or in lieu of interest at a periodic 9 rate or rates as provided in Section 5, and without 10 limitation of the foregoing Section 4, a financial 11 institution may, if the agreement governing the revolving 12 credit plan so provides, charge and collect as interest, in 13 such manner or form as the plan may provide, an annual or 14 other periodic fee for the privileges made available to the 15 borrower under the plan, a transaction charge or charges, 16 late fees or delinquency charges, returned payment charges, 17 over limit charges and fees for services rendered. 18 (b) Before assessing a late fee or reporting a 19 delinquency to a credit reporting agency, a financial 20 institution must notify the borrower by certified mail and 21 provide to the borrower a form the borrower may complete and 22 return to the financial institution to challenge the 23 determination that the payment was late. If a borrower 24 challenges a determination that a payment was late, a 25 financial institution may not impose a late fee or report a 26 delinquency to a credit reporting agency until the challenged 27 determination is resolved. 28 (Source: P.A. 85-1432.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.