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  • Illinois reissues and extends several Covid-19 executive orders

    State Issues

    On April 2, Illinois Governor JB Pritzker issued Executive Order 2021-06, which extends several previous executive orders through May 1, 2021 (previously covered here, hereherehereherehere, and here). Among other things, the order extends: (i) Executive Order 2020-07 regarding in-person meeting requirements, (ii) Executive Order 2020-23 regarding actions by individuals licensed by the Illinois Department of Financial and Professional Regulation engaged in disaster response, (iii) Executive Order 2020-25 regarding garnishment and wage deductions (previously covered here), (iv) Executive Order 2020-30 regarding residential evictions (previously covered here), and (v) Executive Order 2020-72 regarding the residential eviction moratorium (previously covered here and here).

    State Issues Covid-19 Illinois Licensing Debt Collection Evictions Mortgages

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  • Illinois reissues and extends several Covid-19 executive orders

    State Issues

    On March 5, Illinois Governor JB Pritzker issued Executive Order 2021-05, which extends several executive orders through April 3, 2021 (previously covered hereherehereherehere, and here). Among other things, the order extends: (i) Executive Order 2020-07 regarding in-person meeting requirements, (ii) Executive Order 2020-23 regarding actions by individuals licensed by the Illinois Department of Financial and Professional Regulation engaged in disaster response, (iii) Executive Order 2020-25 regarding garnishment and wage deductions (previously covered here), (iv) Executive Order 2020-30 regarding residential evictions (previously covered here), and (v) Executive Order 2020-72 regarding the residential eviction moratorium (previously covered here and here).

    State Issues Covid-19 Illinois Mortgages Evictions Debt Collection

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  • Illinois reissues and extends several Covid-19 executive orders

    State Issues

    On February 5, the governor of Illinois issued Executive Order 2021-04, which extends several executive orders through March 6, 2021 (previously covered hereherehere, here, and here). Among other things, the order extends: (i) Executive Order 2020-07 regarding in-person meeting requirements, (ii) Executive Order 2020-23 regarding actions by individuals licensed by the Illinois Department of Financial and Professional Regulation engaged in disaster response, (iii) Executive Order 2020-25 regarding garnishment and wage deductions (previously covered here), (iv) Executive Order 2020-30 regarding residential evictions (previously covered here), and (v) Executive Order 2020-72 regarding the residential eviction moratorium (previously covered here and here).

    State Issues Covid-19 Illinois Debt Collection Evictions Mortgages

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  • Illinois regulator releases educational one pager on Covid-19 relief

    State Issues

    In January, the Illinois Department of Financial and Professional Regulation issued a one-pager setting forth eviction, mortgage, and student loan information for consumers. The flyer addresses the eviction moratorium, forbearance of mortgage payments, and student loan borrower relief.

    State Issues Covid-19 Illinois Mortgages Evictions Student Lending Forbearance

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  • OCC urges court to uphold valid-when-made rule

    Courts

    On January 14, the OCC moved for summary judgment in an action filed by the California, Illinois, and New York attorneys general (collectively, “states”) challenging the OCC’s valid-when-made rule, arguing that the challenge is without merit and that the agency “reasonably interprets the ‘gap’ in [12 U.S.C. § 85] concerning what happens when a national bank sells, assigns, or transfers a loan.” As previously covered by InfoBytes, the OCC’s final rule was designed to effectively reverse the Second Circuit’s 2015 Madden v. Midland Funding decision and provides that “[i]nterest on a loan that is permissible under [12 U.S.C. § 85 for national bank or 12 U.S.C. § 1463(g)(1) for federal thrifts] shall not be affected by the sale, assignment, or other transfer of the loan.” The states challenged the rule, arguing that it is “contrary to the plain language” of section 85 (and section 1463(g)(1)) and “contravenes the judgment of Congress,” which declined to extend preemption to non-banks. Moreover, the states contend that the OCC “failed to give meaningful consideration” to the commentary received regarding the rule, essentially enabling “‘rent-a-bank’ schemes.” 

    In response, the OCC argued that not only does the final rule reasonably interpret the “gap” in section 85, it is consistent with section 85’s “purpose of facilitating national banks’ ability to operate their nationwide lending programs.” Moreover, the agency asserts that 12 U.S.C. § 25b’s preemption standards do not apply to the final rule, because, among other things, the OCC “has not concluded that a state consumer financial law is being preempted.” The final rule “addresses only the ‘substantive [ ] meaning’ of § 85” and Congress “expressly exempted OCC’s interpretations of § 85 from § 25b’s requirements.” Lastly, the OCC argued that it made an “informed and reasoned decision,” including addressing issues raised during the public comment period. Thus, the court should uphold the final rule and affirm summary judgment for the agency.

    Courts State Issues State Attorney General OCC Madden Fintech Interest Rate New York California Illinois Preemption

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  • Illinois reissues and extends several Covid-19 executive orders

    State Issues

    On January 8, the governor of Illinois issued Executive Order 2021-01 extending numerous executive orders through February 6, 2021 (previously covered here, hereherehere, and here). Among other things, the order extends: (i) Executive Order 2020-07 regarding in-person meeting requirements, (ii) Executive Order 2020-23 regarding actions by individuals licensed by the Illinois Department of Financial and Professional Regulation engaged in disaster response, (iii) Executive Order 2020-25 regarding garnishment and wage deductions (previously covered here), (iv) Executive Order 2020-30 regarding residential evictions (previously covered here and here).

    State Issues Covid-19 Illinois Regulation Debt Collection Mortgages Evictions

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  • Illinois reissues and extends several Covid-19 executive orders

    State Issues

    On December 11, the governor of Illinois issued Executive Order 2020-74, which extends several executive orders through January 9, 2021 (previously covered hereherehere, and here). Among other things, the order extends: (i) Executive Order 2020-07 regarding in-person meeting requirements, (ii) Executive Order 2020-23 regarding actions by individuals licensed by the Illinois Department of Financial and Professional Regulation engaged in disaster response, (iii) Executive Order 2020-25 regarding garnishment and wage deductions (previously covered here), (iv) Executive Order 2020-30 regarding residential evictions (previously covered here and here), and (v) Executive Order 2020-72 regarding the residential eviction moratorium (previously covered here, herehere, and here).

    State Issues Covid-19 Illinois Debt Collection Mortgages Evictions

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  • Illinois extends prohibition on residential evictions

    State Issues

    On November 13, the Illinois governor issued Executive Order 2020-72 further extending the state’s prohibition on residential evictions (previously covered here, here, and here).

    State Issues Covid-19 Illinois Evictions Mortgages

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  • Illinois governor suspends consumer garnishment and wage deductions

    State Issues

    On November 13, the Illinois governor re-issued over 30 previous Covid-related executive orders that had previously been suspended. Of note, Executive Order 2020-55, which suspended portions of the Illinois Code of Civil procedure permitting service of a garnishment summons, wage deduction summons or a citation to discover assets on a consumer debtor, was reissued in its entirety and extended through December 12, 2020.

    State Issues Covid-19 Illinois Consumer Finance Debt Collection

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  • Illinois reissues and extends several Covid-19 executive orders

    State Issues

    On October 16, the Illinois governor issued Executive Order 2020-59, which extends several earlier executive orders through November 14, 2020 (previously covered here, here, and here). Among other things, the order extends: (i) Executive Order 2020-07 regarding in-person meeting requirements, (ii) Executive Order 2020-23 regarding actions by individuals licensed by the Illinois Department of Financial and Professional Regulation engaged in disaster response, (iii)  Executive Order 2020-25 regarding garnishment and wage deductions (previously covered here), and (iv) Executive Order 2020-30 regarding residential evictions (previously covered here and here).

    State Issues Covid-19 Illinois Licensing Debt Collection Mortgages Evictions

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