815 ILCS 124/26: Underwriting.
Where this section sits in the code
- CHAPTER 815 BUSINESS TRANSACTIONS
- Buy-Now-Pay-Later Loan Consumer Protection Act.
A lender shall, before providing or causing to be provided a loan to a consumer, perform, or cause to be performed, reasonable risk-based underwriting which shall include, at a minimum, an assessment of the outstanding loans taken out by the consumer from the lender. A lender shall also, before providing or causing to be provided a loan to a consumer, take into consideration the financial ability of the borrower to repay the loan in the time and manner provided in the loan contract. A lender shall maintain or cause to be maintained policies and procedures for underwriting loans, and shall disclose factors considered in the underwriting process, in a clear and conspicuous manner to the consumer. Nothing in this Act shall be construed to require a lender to disclose proprietary underwriting models, anti-fraud criteria, or trade secrets to the public. No lender shall collect, evaluate, report, or maintain in the file on a borrower the credit worthiness, credit standing, or credit capacity of members of the borrower's social network for purposes of determining the credit worthiness of the borrower; the average credit worthiness, credit standing, or credit capacity of members of the borrower's social network; or any group score that is not the borrower's own credit worthiness, credit standing, or credit capacity. The Department may adopt rules with respect to underwriting.
Collected 2026-09-15T04:46:47Z. Source file · JSON