Of course, a credit report fee would have to be included in the finance charge calculation, but we are not aware of any prohibitions or limitations on charging credit report fees. 12 CFR 1026.4(b)(4). If the loan is not subject to RESPA, there are no restrictions on “upcharging” with what could be considered an unearned fee. As to Illinois law, Section 5e of the Banking Act states that “[n]otwithstanding the provisions of any other law in connection with extensions of credit” banks may charge any fees, “subject only to the provisions of [subsection 4(1)] of the Interest Act,” provided that the bank sets fees based on its “prudent business judgment and safe and sound operating standards.” 205 ILCS 5/5e. And subsection 4(1) of the Interest Act states that a bank is authorized “to receive or contract to receive and collect interest and charges at any rate or rates agreed upon by the bank or branch and the borrower.” 815 ILCS 205/4(1).