38 Ill. Adm. Code 215.10
Definitions
Section 215.10 Definitions
"Act"
means the Predatory Loan Prevention Act [815 ILCS 123].
"Billing cycle" means
the interval between the days or dates of regular periodic statements.
Intervals are equal and no longer than a quarter of a year and are considered
equal if the number of days in the cycle does not vary more than four days from
the regular day or date of the periodic statement.
"Bureau" means the
federal Consumer Financial Protection Bureau or the Bureau of Consumer
Financial Protection.
"
Consumer" means any
natural person, including those persons acting jointly.
[815 ILCS
123/15-1-10]
"Closed-end
credit" means consumer credit other than open-end credit.
"Finance charge" means
the cost of consumer credit as a dollar amount. It includes any charge payable
directly or indirectly by the consumer and imposed directly or indirectly by
the lender as an incident to or a condition of the extension of credit. It does
not include any charge of a type payable in a comparable cash transaction.
"Lender" means any person or entity, including any affiliate
or subsidiary of a lender, that
:
offers or makes a loan
;
buys a whole or partial interest in a loan
;
arranges a loan for a third party, or acts as an agent for a third
party in making a loan, regardless of whether approval, acceptance, or
ratification by the third part
y is
necessary to create a legal obligation for the third party; or
the Department determines that
the person or entity is engaged in a transaction that is in substance a disguised
loan or a subterfuge for the purpose of avoiding
the
Act
. [815 ILCS
123/15-1-10]
"Loan" means money or
credit provided to a consumer in exchange for the consumer’s agreement to a
certain set of terms, including, but not limited to, any finance charges,
interest, or other conditions.
"Loan"
includes closed-end and
open-end credit, retail installment sales contracts, motor vehicle retail
installment sales contracts, and any transaction conducted via any medium
(e.g.,
paper, facsimile, Internet, telephone
). "Loan"
does
not include a commercial loan
. [815 ILCS 123/15-1-10]
"Open-end
credit" means consumer credit extended by a lender under a plan in which:
"Person" means any
natural person.
"Predatory Loan Prevention
Act APR" or "PLPA APR" is the cost of the consumer credit
expressed as an annual rate, and is calculated in accordance with 32 CFR.
232.4(c), as in effect on the effective date of the Act and as incorporated in
38 Ill. Adm. Code 215.
The lender reasonably contemplates repeated
transactions;
The
lender may impose a finance charge from time to time on an outstanding unpaid
balance; and
The amount of credit that may be
extended to the consumer during the term of the plan (up to any limit set by
the lender) is generally made available to the extent that any outstanding
balance is repaid.
"Regulation Z" means 12
CFR 1026 and has the same meaning ascribed in 32 CFR 232, as in effect on March
23, 2021.
Words that are
not defined in this part have the same meanings ascribed in Regulation Z (12
CFR 1026), including any interpretation by the Bureau or an official or
employee of the Bureau duly authorized by the Bureau to issue those
interpretations.
Words that are
not defined in this Part or Regulation Z, or any interpretation of Regulation
Z, have the same meanings ascribed in applicable State or federal law.