Illinois

The relevant statutes are the Collateral Protection Act, Ill. Rev. Stat. ch. 815 §§180/1 et seq. (“IL-CPA”) and the Motor Vehicle Retail Installment Sales Act, Ill. Rev. Stat. ch. 815 §§375/1 et seq. (“IL-MVRISA”).

A. Actions creditor may take: IL-MVRISA §375/8 - If buyer fails to provide satisfactory evidence of insurance or fails to maintain adequate insurance against substantial risk of loss of or damage to the vehicle, then creditor may purchase collateral protection insurance.

B. Notices required: IL-CPA §180/15(a) - Within 30 calendar days following the purchase of collateral protection insurance, creditor must mail to debtor and to any cosigner, guarantor, or other person liable with debtor for the obligation, at that person's last known address on file with the creditor, a notice substantially similar to the following:

“NOTICE OF PLACEMENT OF INSURANCE

Your credit agreement with us requires you to maintain adequate insurance on your collateral until you pay off your loan. You have not given us proof that you have adequate insurance on your collateral. Under the terms of your credit agreement, we have purchased insurance at your expense to protect our interests in your collateral.

The insurance we purchased will pay claims made by us as the creditor. The insurance we purchased may not pay any claims made by you or against you in connection with your collateral. You are responsible for the costs of this insurance, including any interest and other charges that we may impose in connection with the purchase of this insurance. The initial premium payment for this insurance will be (amount), which may or may not include any interest or other charges that we may impose. The costs of this insurance will be added to your payment obligations and may be more than for insurance you can buy on your own.

You still may obtain insurance of your own choosing on the collateral. If you provide us with proof that you have obtained adequate insurance on your collateral, we will cancel the insurance that we purchased and refund or credit any unearned premiums to you.

If, within 30 days after the date this notice was sent to you, you provide us with proof that you had adequate insurance on your collateral as of the date we also purchased insurance and that you continue to have the insurance that you purchased yourself, we will cancel the insurance that we purchased without charging you any costs, interest, or other charges in connection with the insurance that we purchased."

C. Charges permitted: IL-CPA §180/15(b) - Creditor may charge buyer for the premiums, including interest and other charges imposed by creditor in connection with the placement of the collateral protection insurance, which are to be paid by buyer. The payment for such insurance may be by:

(1) full payment within 30 days after the date of the Notice of Placement of Insurance;

(2) a final balloon payment within 30 days after the last scheduled payment required by the credit agreement; or

(3) full amortization over the term of the credit transaction, the term of the collateral protection insurance policy, or the term for which amortization is used by the creditor.

D. Finance charge allowed on creditor's payment: No express statutory provision.

Click here to view relevant Illinois Code and Regulations.