Pawnbrokers criticize measure capping interest rates on their loans

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[December 01, 2022]  By Kevin Bessler | The Center Square

The Center Square) – The Predatory Loan Prevention Act instituted a 36% interest rate cap on loans in Illinois, but some lawmakers say pawnbrokers are skirting the law. 

 

A Sangamon County judge issued a preliminary injunction against the cap after pawnbrokers filed a lawsuit against the Illinois Department of Financial and Professional Regulation.

Legislation is pending in Springfield that would close the loophole and require Illinois pawnbrokers to charge no more than 36% APR for their loans.

A Woodstock Institute investigation showed that Illinois pawnbrokers were overcharging active-duty service members on loans with interest as much as 240%. Federal law is also supposed to cap those interest rates for service members.

“The best way to solve it is by requiring Illinois pawnshops to comply with the state 36% interest rate cap,” said Horacio Mendez, president and CEO of Woodstock Institute. “That way, pawnbrokers are relieved from having to determine customers’ military status and all customers, including veterans, are protected from predatory interest rates.”

State Sen. Craig Wilcox, R-McHenry, an Air Force veteran, said educating the consumer is key.

"I'm not here to disparage the industry, we've had this industry for centuries," Wilcox said. "Cash flow is important, but the reality is, we can't just legislate this."

Kelly Swisher, president of the Illinois Pawnbrokers Association, said the loans they deal with are usually short term.

“Typically 30 to 60 days, so we are captured under [the Truth in Lending Act], so we have to put down the 240%, but in actuality, it is a very short period of time,” Swisher said.

Woodstock Institute notes that nationally, annual interest rates on pawn loans are as low as 12%, much lower than the proposed 36%.

“Enough is enough. Illinoisans are fed up with loans that charge triple digit interest rates and prey on vulnerable families,” state Rep. Sonya Harper, D-Chicago, in a statement. “Fortunately, all we need to do is pass legislation that will fix this problem.”

Kevin Bessler reports on statewide issues in Illinois for the Center Square. He has over 30 years of experience in radio news reporting throughout the Midwest.

 

 

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