Topic: Customers with Limited English Proficiency
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Are there any laws or regulations in Illinois that require documents (such as loan documents) to be provided in a language other than English?
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We are not aware of any Illinois laws requiring banks to provide documents in languages other than English, with three exceptions: there are two residential mortgage foreclosure documents that must be provided in multiple languages, and certain disclosures must be made when using an interpreter to conduct banking transactions. When filing a foreclosure action against…
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If a bank advertises in Spanish, does it have to provide loan documents in Spanish?
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No, we do not believe that advertising in Spanish obligates a bank to provide loan documents in Spanish. However, you should be aware of two statutory notice requirements in Illinois relating to residential mortgage foreclosures. One requirement applies to all foreclosure filings, and one requirement applies to foreclosures of residential rental properties located in the…
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Do you know of any financial institutions that have been penalized for targeting and offering products and services to Spanish-speaking customers without providing Spanish disclosures?
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No, we are not aware of any financial institutions that have been fined or have paid civil money penalties for offering products and services to Spanish-speaking customers without providing disclosures in Spanish. However, you should be aware of two statutory notice requirements in the State of Illinois relating to residential mortgage foreclosures. One requirement applies…
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A speaker at a seminar stated that if our employees speak to customers in a foreign language, then we need to have disclosures in that foreign language available, too. Is that true?
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The comment made in the seminar, regarding communications with customers in a foreign language, was likely a best practice tip and not related to a formal requirement. There are a few patchwork legal requirements that apply to transactions and disclosures in foreign languages under Illinois law and the federal banking regulations: Illinois Laws The Illinois…
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Are there any Illinois laws that govern the use of disclosures that are translated into Spanish for loan customers?
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We believe that the section of the Consumer Fraud and Deceptive Business Practices Act that you cite, Section 2N, would apply to a national bank’s use of interpreters. In one of the few cases interpreting this statute, a court applied Section 2N to a mortgage lender in residential loan transaction. Martinez v. Freedon Mortg. Team,…