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Is there a cap on returned check fees under Illinois law? – IBA Compliance Connection

Is there a cap on returned check fees under Illinois law?

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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, provided that the bank sets the fees based on its “prudent business judgment and safe and sound operating standards.” 205 ILCS 5/5e. There are some laws unrelated to extensions of credit that limit the fees you may charge. Under the Uniform Commercial Code, returned check fees may not exceed $4.50 for “a commercial checking account or other similar commercial account.” 810 ILCS 5/3-806. Otherwise, we are not aware of any caps on the fees that can be charged on non-commercial accounts.