Illinois CIL Law!
Date: Thu, 11/07/2013 - 11:16
This is taken directly from the IDFPR
(www.idfpr.com/DFI/CCD/ccd_main.asp)
Please correct me if I am interpreting the text wrong, but this is how I am translating the text pertaining to CILs:
a company that engages in making loans of a principal amount not exeeding $40k, and charge on any such loan a greater rate
of interest than the lender would be permitted by law to charge if it were not a licensee hereunder, **EXCEPT** as authorized
by the CILA after first obtaining a license from the Illinois DFI
Now basically any CIL is permitted under Illinois law to issue loans of amounts that aren't exceeding $40k, however, if they do not have license under Illinois, it is illegal for them to charge interest? Or is are they simply limited to a certain amount of interest if they are not a licensee?
How does this apply to tribal lenders? I understand that people say "tribal lenders are illegal, no if's and's or but's" but isn't what makes them illegal whether or not the state law determines how they are lending permissible behavior?
Thanks,
Jeremy
OK thank you paul, is there a
OK thank you paul, is there a more reliable way to determine if a company/lender has a license in Illinois?
I notice that some tribal lenders are licensed in some states, but under acronym businesses, or shell companies. How do I determine if a lender is legitimately licensed if all I have to go by is the name of their front?
Specifically, Plain Green
Specifically, Plain Green Loans. I have searched for possible licenses they may have under the acronym "PGL" and with the full name "Plain Green Loans" but have found nothing under consumer installment or payday loan license lists.
One thing that caught my eye was after reading through their site I encountered this text at the bottom of the page:
Typical payday loan pricing is based on Texas-originated loans with 14-day terms facilitated by Credit Service Organizations/Credit Access Businesses such as CashNet USA® (664.30% APR), ChecknGo® (661.77%) and MyCashCenter (792.16%) as of August 9, 2013.
Which lead me to suspect that the loan I am investigating may have actually been lent by an entity that IS licensed, but funded by PGL, similar to the way that Clear Creek Lending operates (they will fund a licensed lender of the state you are requesting a loan from to covertly provide you the loan, since they are aware of the illegality of tribal lending).
Nothing in the loan agreement or exchanges between my relative was indicative of being provided by a different entity other than PGL, but I just want to make sure all the cards are on the table before I assist with communication.
Also, the loan in question
Also, the loan in question has not reached the point of over-paying principal yet; but before it does we are planning on being proactive and cutting them off before they can even stick their tongue out...
Can we issue preliminary C&Ds to all potentially related companies that may buy the loan from PGL as well as PGL themselves to prevent harassment to us, friends, coworkers and other relatives as well as limit the communication to ONLY email? Should we expect this to be successful, or must we wait for harassment to occur before a C&D is valid and enforceable?