Truth in Lending Act and Security Interests (Illinois)

By Matthew A. Quick In the case of Randle v Americash Loans, LLC, the Plaintiff took out a loan from the Defendant, which is a cash loan company. The Plaintiff filed suit alleging that company violated Truth in Lending Act and Illinois Interest Act by failing to disclose a security interest, because the Defendant's loan documents had an electronic funds transfer authorization form, which authorized the company to automatically debit the Plaintiff's checking account if Plaintiff defaulted on repayment. The loan documents did not include disclosure of the security interest. The court held that the loan documents, since they gave the Defendant the right to collect the debt upon default, must be disclosed as a security instrument.