ILCS » Chapter 815 · Act 375

815 ILCS 375/5

Every retail installment contract shall disclose the following items, as applicable:     (1) The cash price of the motor vehicle, using the term "cash price"

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(815 ILCS 375/5) (from Ch. 121 1/2, par. 565)
    Sec. 5. Every retail installment contract shall disclose the following items, as applicable:
    (1) The cash price of the motor vehicle, using the term "cash price".
    (2) The amount of the down payment itemized, as applicable, as down payment in money, using the term "cash down payment", down payment in property, using the term "trade-in" and the sum, using the term "total down payment".
    (3) The difference between the amounts described in subparagraphs (1) and (2) of this paragraph, using the term "unpaid balance of cash price".
    (4) All other charges, individually itemized, which are included in the amount financed but which are not part of the finance charge.
    (5) The sum of the amounts determined under subparagraphs (3) and (4) of this paragraph, using the term "unpaid balance".
    (6) Any finance charge paid separately, in cash or otherwise, directly or indirectly to the seller or with the seller's knowledge to another person, or withheld by the seller from the proceeds of the credit extended and any deposit balance or any investment which the seller requires the buyer to make, maintain, or increase in a specified amount or proportion as a condition to the extension of credit, using as applicable, the terms "prepaid finance charge" and "required deposit balance", and if both are applicable, the total of such items using the term "total prepaid finance charge and required deposit balance".
    (7) The difference between the amounts determined under subparagraphs (5) and (6) of this paragraph, using the term "amount financed".
    (8) The total amount of the finance charge, with description of each amount included, using the term "finance charge".
    (9) The sum of the amounts determined under subparagraphs (1), (4), and (8) of this paragraph, using the term "deferred payment price".
    (10) The finance charge expressed as an annual percentage rate, using the term "annual percentage rate".
    (11) The number, amount, and due dates or periods of payments scheduled to repay the indebtedness and the sum of such payments using the term, "total of payments". If installment payments are stated in terms of a series of scheduled amounts and if the amount of the final installment payment does not exceed the scheduled amount of any preceding installment payment, the maximum number of payments and the amount and date of each payment need not be separately stated and the amount of the scheduled final installment payment may be stated as the remaining unpaid balance. The due date of the first installment payment may be fixed by a calendar date, by reference to the date of the contract or by reference to the date of delivery or installation of the goods.
    (12) The amount, or method of computing the amount, of any default, delinquency, or similar charges payable in the event of late payments.
    (13) A description or identification of the type of any security interest held or to be retained or acquired by the seller in connection with the extension of credit, and a clear identification of the property to which the security interest relates.
    (14) A description of any penalty charge that may be imposed by the seller or his assignee for prepayment of the principal of the obligation with an explanation of the method of computation of such penalty and the conditions under which it may be imposed.
    (15) Identification of the method of computing any unearned portion of the finance charge in the event of prepayment of the obligation and a statement of the amount or method of computation of any charge that may be deducted from the amount of any rebate of such unearned finance charge that will be credited to the obligation or refunded to the buyer.
    (16) The date on which the finance charge begins to accrue if different from the date of the transaction.
    The disclosures required to be given by this Section shall be made clearly, conspicuously and in meaningful sequence. Where the terms "finance charge" and "annual percentage rate" are required to be used, they shall be printed more conspicuously than other terminology required.
    A retail installment contract which complies with the federal Truth in Lending Act, amendments thereto, and any regulations issued or which may be issued thereunder, shall be deemed to be in compliance with the provisions of this Section.
    Notwithstanding any other provision of this Act or any other law of this State, there is no obligation or duty to disclose to an obligor under a retail installment contract: (i) any agreement to sell, assign, or otherwise transfer the contract to a third party for an amount which is equal to, in excess of, or less than the amount financed under the contract; or (ii) that the assignee of the contract or the person who funded it may pay the seller or the person who originated the contract all or a portion of the prepaid finance charges and other fees or a portion of the finance charge to be paid by the buyer over the term of the transaction or any other compensation irrespective of how the compensation is determined.
(Source: P.A. 90-437, eff. 1-1-98.)

    
Notes of Decisions
Cited in 13 cases, 1996–2005 · leading case: Guinn v. Hoskins Chevrolet
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Guinn v. Hoskins Chevrolet (2005) illappct · cites it 4× “” 815 ILCS 375/5 (West 2002). This provision further specifically provides that “[a] retail installment contract which complies with the federal Truth in Lending Act, amendments thereto, and any regulations issued or which may be issued thereunder, shall be deemed to be in…”
Jackson v. South Holland Dodge, Inc. (2001) ill · cites it 2× “" 815 ILCS 375/5(4) (West 1994). Here, the $1,099 charge for the extended warranty was clearly disclosed in the contract.”
Cemail v. Viking Dodge, Inc. (1997) ilnd · cites it 3× “, and the Illinois Motor Vehicle Retail Installment Sales Act (MVRISA) 815 ILCS 375/5 et seq., in connection with their purchase of automobiles from defendant Viking.”
Hernandez v. Vidmar Buick Co. (1996) ilnd · cites it 3× “To invoke both Section 2E and 2F, Hernandez points to the same provision of the Motor Vehicle Sales Act, 815 ILCS 375/5, which in part requires every motor vehicle installment contract to disclose “clearly, conspicuously and in meaningful sequence” the items described in id.”
Gibson v. Bob Watson Chevrolet-Geo, Inc. (1997) ca7 “And since they do, the dismissal of the plaintiffs’ state-law fraud claims on the ground that disclosures that comply with the Truth in Lending Act do not violate the Illinois consumer protection laws, 815 ILCS 375/5(4), 505/2, which confer immunity for acts “specifically…”
Route 50 Auto Sales, Inc. v. Muncy (2002) illappct “” See 815 ILCS 375/5 (West 1998). In fact, the amount due under the stated payment schedule of “28+ approx, payments of $250” would be approximately $7,000, which would not even cover the principal amount of the loan.”
Gainer Bank, N.A. v. Jenkins (1996) illappct “565 (now 815 ILCS 375/5 (West 1994)) (terms and conditions of contract); Ill.”
Strohmaier v. Yemm Chevrolet (2001) ilnd “815 ILCS 375/5(16). Plaintiffs do not contest that there is no duty to volunteer this information to buyers, but argue that MVRISA does not authorize affirmative misrepresentations regarding financing options.”
Taylor v. Quality Hyundai, Inc. (1996) ilnd “See also 815 ILCS 505/10b, 815 ILCS 375/5(16). As the court has determined that the complained of conduct is acceptable under TILA, the court also dismisses Counts II and III.”
Guinn v. Hoskins Chevrolet (2005) illappct · cites it 4× “" 815 ILCS 375/5 (West 2002). This provision further specifically provides that "[a] retail installment contract which complies with the federal Truth in Lending Act, amendments thereto, and any regulations issued or which may be issued thereunder, shall be deemed to be in…”
Ruthie Gibson, on Behalf of Herself and All Others Similarly Situated v. Bob Watson Chevrolet-Geo, Inc., Marion Abercrom (1997) ca7 “And since they do, the dismissal of the plaintiffs' state-law fraud claims on the ground that disclosures that comply with the Truth in Lending Act do not violate the Illinois consumer protection laws, 815 ILCS 375/5(4), 505/2, which confer immunity for acts "specifically…”
Jackson v. South Holland Dodge, Inc. (2001) ill “” 815 ILCS 375/5(4) (West 1994). Here, the $1,099 charge for the extended warranty was clearly disclosed in the contract.”
Show all 13 citing cases →
— 815 ILCS 375/5(16) — 4 cases
Guinn v. Hoskins Chevrolet (2005) illappct “” 815 ILCS 375/5 (West 2002). This provision further specifically provides that “[a] retail installment contract which complies with the federal Truth in Lending Act, amendments thereto, and any regulations issued or which may be issued thereunder, shall be deemed to be in…”
Strohmaier v. Yemm Chevrolet (2001) ilnd “815 ILCS 375/5(16). Plaintiffs do not contest that there is no duty to volunteer this information to buyers, but argue that MVRISA does not authorize affirmative misrepresentations regarding financing options.”
Taylor v. Quality Hyundai, Inc. (1996) ilnd “See also 815 ILCS 505/10b, 815 ILCS 375/5(16). As the court has determined that the complained of conduct is acceptable under TILA, the court also dismisses Counts II and III.”
Guinn v. Hoskins Chevrolet (2005) illappct “" 815 ILCS 375/5 (West 2002). This provision further specifically provides that "[a] retail installment contract which complies with the federal Truth in Lending Act, amendments thereto, and any regulations issued or which may be issued thereunder, shall be deemed to be in…”
— 815 ILCS 375/5(4) — 5 cases
Jackson v. South Holland Dodge, Inc. (2001) ill “" 815 ILCS 375/5(4) (West 1994). Here, the $1,099 charge for the extended warranty was clearly disclosed in the contract.”
Gibson v. Bob Watson Chevrolet-Geo, Inc. (1997) ca7 “And since they do, the dismissal of the plaintiffs’ state-law fraud claims on the ground that disclosures that comply with the Truth in Lending Act do not violate the Illinois consumer protection laws, 815 ILCS 375/5(4), 505/2, which confer immunity for acts “specifically…”
Hernandez v. Vidmar Buick Co. (1996) ilnd “To invoke both Section 2E and 2F, Hernandez points to the same provision of the Motor Vehicle Sales Act, 815 ILCS 375/5, which in part requires every motor vehicle installment contract to disclose “clearly, conspicuously and in meaningful sequence” the items described in id.”
Ruthie Gibson, on Behalf of Herself and All Others Similarly Situated v. Bob Watson Chevrolet-Geo, Inc., Marion Abercrom (1997) ca7 “And since they do, the dismissal of the plaintiffs' state-law fraud claims on the ground that disclosures that comply with the Truth in Lending Act do not violate the Illinois consumer protection laws, 815 ILCS 375/5(4), 505/2, which confer immunity for acts "specifically…”
Jackson v. South Holland Dodge, Inc. (2001) ill “” 815 ILCS 375/5(4) (West 1994). Here, the $1,099 charge for the extended warranty was clearly disclosed in the contract.”
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