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Protect Your Dealership with Rate-Cap Disclosure

May 13, 2022
John Eggert of Hardt, Stern, and Kayne has called attention to a amendment to the Illinois Motor Vehicle Retail Installment Sales Act dealing with predatory lending that is scheduled to become effective on August 1, 2022. That amendment will require that on and after August 1, 2022, dealers, in connection with retail installment contracts, will need to deliver a clear and conspicuous Rate Cap Disclosure form to the customer, have that form signed, and retain the signed copy in the deal file. The retailer must provide this separate disclosure in English and in the same language as the retail installment contract. It is advised that you copy this language on to your dealership letterhead and provide it to the customer at the time of sale.
 
The approved language and form for the Rate Cap Disclosure is as follows:
 
DISCLOSURE OF 36% RATE CAP
 
A retailer shall not contract for or receive charges exceeding a 36% annual percentage rate on the unpaid balance of the amount financed for a retail installment contract, as calculated under the Illinois Predatory Loan Prevention Act (PLPA APR).
 
Any retail installment contract with a PLPA APR over 36% is null and void, such that no person or entity shall have any right to collect, attempt to collect, receive, or retain any principal, fee, interest, or charges related to the retail installment contract.
 
The annual percentage rate disclosed in any retail installment contract may be lower than the PLPA APR.
 
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Borrower Signature
 
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Co-Borrower Signature (If Applicable)
 

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