In Illinois, the regulation of finance charges depends on the type of loan or credit being offered. There isn’t one single “maximum finance charge” that applies universally to all lending situations. Instead, various Illinois laws and regulations govern different types of credit agreements, each with its own set of rules regarding interest rates and fees.
For small loans, like payday loans, Illinois law sets strict limits. The Illinois Payday Loan Reform Act dictates the fees and charges a payday lender can levy. Generally, a payday lender can charge a finance charge of no more than $15.50 per $100 borrowed for a 14-day loan. This translates to an extremely high Annual Percentage Rate (APR), often exceeding 400%. Because of this, payday loans are strongly discouraged as a long-term financial solution.
Installment loans, which are repaid over a set period in regular installments, are governed by the Illinois Consumer Installment Loan Act. This Act allows for higher interest rates than payday loans, but still imposes limits. The maximum interest rate allowed depends on the loan amount. The law sets a sliding scale, permitting higher interest rates on smaller loan amounts and gradually decreasing rates as the loan amount increases. This scale provides some protection for borrowers, particularly those taking out smaller loans.
Credit cards issued by banks and other financial institutions are subject to Illinois’ laws regarding interest rates, but often, these are pre-empted by federal regulations. Many credit card issuers operating in Illinois are national banks, which are primarily governed by federal banking laws. These laws generally allow lenders to set interest rates competitively, with disclosures required regarding the APR and other fees. Illinois law, however, still requires certain disclosures to consumers about the terms and conditions of credit card agreements.
For retail installment sales, such as financing the purchase of a car or furniture, the Illinois Retail Installment Sales Act governs the finance charges. The permissible interest rates and fees depend on the type of goods being purchased and the terms of the agreement. These laws aim to protect consumers from excessive finance charges in these specific purchasing contexts.
It’s essential to remember that lenders are required to disclose the Annual Percentage Rate (APR) to borrowers, which reflects the total cost of borrowing, including interest and fees, expressed as a yearly rate. Consumers should always carefully review the APR and other terms before agreeing to any loan or credit agreement. If unsure, it is best to consult with a financial advisor or legal professional.
Furthermore, Illinois law prohibits usury, which is the charging of illegally high interest rates. However, what constitutes usury depends on the specific context and the type of loan. The legal definition of usury and the penalties for engaging in usurious lending practices vary depending on the type of credit agreement.