By clicking the 'Submit', ‘Get My Loan’ or other button at the bottom of the form which begins the processing of your application, you certify that all of the statements in the application are true and complete and are made for the purpose of obtaining credit. You authorize empireautoloans.com to share your application and related information with its lending partners in order to complete the processing of your application. You authorize empireautoloans.com and its lending partners to retain and rely on your application and to access your credit report in order to evaluate your credit application. In addition, you acknowledge that you have read the state-specific notices related to your application and agree to receive Electronic Documents By clicking the 'Submit', ‘Get My Loan’ or other button at the bottom of the application form which starts the process, you further authorize empireautoloans.com third-party lending institutions to share information in your application, and any other credit information they obtain, with other third parties who may be able to offer or arrange for a direct loan and/or auto dealer financing.

Consent for Electronic Documents  

CONSENT FOR ELECTRONIC DOCUMENTS UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT

Please read this information carefully and print a copy and/or retain this information electronically for future reference.

Introduction. You are submitting an electronic credit application for auto financing ("Application") to empireautoloans.com or one of our auto finance partners or affiliate websites. By consenting to receive information electronically at our web site(s) or via email, you will receive certain information and disclosures electronically (“Documents”), including the following: Credit Application, State Law Disclosures, Privacy Policy, and notices of our credit decisions. This Consent for Electronic Documents informs you of your rights when receiving these Documents electronically. By consenting below, you acknowledge receipt of this Consent for Electronic Documents, and agree to the electronic delivery of Documents via the internet to the e-mail address designated on your Application.

Hardware and Software Requirements. Before you decide to receive your Documents electronically, you must determine if you have the necessary hardware and software described below to access and retain these Documents electronically. To access your Documents, you will need an electronic mailing address, Adobe Acrobat Reader, and a personal computer or other access device which is capable of accessing the internet. To retain your Documents, your access device must have the ability to either download to your hard drive or any external media storage, or print web pages as well as embedded HTML files.

Withdrawing Consent. With the exception of email communications and notices of our credit decisions, you may withdraw your consent to receive your Documents electronically at any time by contacting us by email at email at empireautoloans.com. In these circumstances, we will continue the financing process in non-electronic form at no charge. If you decide to withdraw your consent, the legal validity and enforceability of prior electronic Documents will not be affected, and except as provided in this paragraph, you will not have the option to later receive your Documents electronically.

Copies. If you wish to obtain a paper copy of any of the Documents, contact us by email at privacy at empireautoloans.com and request a copy at no charge.

Updating Your Contact Information. To update your electronic or mailing address, contact us by email at info at empireautoloans.com.

CONSENT AND ACKNOWLEDGMENT.
BY CHECKING THE CONSENT BOX, YOU CERTIFY THAT:

1. YOU CAN RECEIVE DOCUMENTS ELECTRONICALLY, AND ACCESS AND RETAIN ANY DOCUMENTS RECEIVED;
2. YOU HAVE (OR HAVE ACCESS TO) A DESKTOP OR LAPTOP PERSONAL COMPUTER WITH A WEB BROWSER THAT SUPPORTS, AT A MINIMUM, 128 BIT ENCRYPTION;
3. YOU HAVE THE ABILITY TO RECEIVE AND READ EMAIL;
4. YOU AGREE TO RECEIVE DOCUMENTS ELECTRONICALLY AND CONFIRM THAT YOU WILL DOWNLOAD OR PRINT DOCUMENTS FOR YOUR RECORDS;
5. YOU ACKNOWLEDGE THAT YOU CAN ACCESS INFORMATION THAT IS PROVIDED ELECTRONICALLY AT THIS WEB SITE AND THE WEB SITE(S) AT WHICH YOU SUBMIT THIS APPLICATION;
6. YOU ACKNOWLEDGE THAT SUCH ACTION CONSTITUTES YOUR SIGNATURE TO THE CREDIT APPLICATION;
7. YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS PURSUANT TO THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT AND INTEND THIS STATUTE TO APPLY TO YOUR TRANSACTIONS WITH US TO THE FULLEST EXTENT POSSIBLE.

1. Information we receive from you on the actual credit application, such as Name, Address, Social Security number, Monthly Income, date of birth, etc.

   Social Security Numbers are required on the application form. When you enter your social security number on our form we encrypt is using secure socket layer technology (SSL).
2. We request your authorization to receive information from a consumer reporting agency (credit bureau). That authorization is transmitted to a participating automobile dealer or affiliate partner in our network, who will actually request and receive your credit report.
3. Uses of Information – We use the information provided by you on the application form to assist in finding financing of a motor vehicle within our national new and used car dealer network or one of our affiliate partners. We also use this information to present other offers of interest that you have not specifically opted out of.
4. Correspondence - The information you provide when communicating in writing, by phone or online with our customer service representatives. We do share information about our customers, their accounts or transactions to others for their use as described in this Privacy Policy.
5. Personally identifiable information – We share personally identifiable information with partners as it relates to offers and promotions where you have opted in.

a. A lender may charge and collect interest in respect to a revolving credit plan or closed-end loan at such a daily, weekly monthly, annual, or other periodic percentage rate or rates as the agreement governing the plan or loan provides, or as established in the manner provided in such agreement. Periodic interest may be calculated on a revolving credit plan using any balance computation method provided for in the agreement governing the plan. Periodic interest may be calculated on a closed-end loan by way of simple interest or such other method as the agreement governing the loan provides.

b. If the agreement governing the revolving credit plan or closed-end loan so provides, the periodic percentage rate or rates of interest may vary in accordance with a schedule or formula. Such periodic percentage rate or rates may vary from time to time as the rate determined in accordance with such schedule or formula varies and such periodic percentage rate or rates, as so varied, may be made applicable to all or any part of the outstanding unpaid indebtedness or outstanding unpaid amounts. In the case of revolving credit, such rate shall become applicable on or after the first day of the billing cycle that contains the effective date of such variation. In the case of closed-end loan transactions, such rate may be made applicable to all or any part of the outstanding unpaid amounts on and after the effective date of such variation. Without limitation, a permissible schedule or formula hereunder may include provisions in the agreement governing the revolving credit plan or closed-end loan agreement for a change in the periodic percentage rate or rates of interest applicable to all or any part of outstanding unpaid indebtedness or outstanding unpaid amounts, whether by variation of the then applicable periodic percentage rate or rates of interest, variation of an index or margin or otherwise, contingent upon the happening of any event or circumstance specified in the plan or agreement, which event or circumstance may include the failure of the borrower to perform in accordance with the terms of the revolving credit plan or loan agreement.

a. Revolving Credit - with respect to a borrower, a lender may charge, collect, or receive one or more of the following fees and charges under plans subject to the provisions of Subchapter II, Chapter 22, Title 5 of the Delaware Code:

i. periodic charges - a daily, weekly, monthly, annual or other periodic charge, in such amount or amounts as the agreement may provide for the privileges made available to the borrower under the plan;
ii. transaction charges - a transaction charge or charges in such amount or amounts as the agreement may provide for each separate purchase or loan under the plan;
iii. (iii) minimum charges - a minimum charge, in such amount or amounts as the agreement may provide for each daily, weekly, monthly, annual or other scheduled billing period under the plan during any portion of which there is an outstanding unpaid indebtedness under the plan;
iv. (iv) fees for services rendered or reimbursement of expenses - reasonable fees for services rendered or for reimbursement of expenses incurred in good faith by the licensee or its agent in connection with such loan, including without limitation, commitment fees, official fees and taxes, premiums or other charges for any guarantee or insurance protecting the licensee against the borrower's default or other credit loss, or costs incurred by reason of examination of title, inspection, recording and other formal acts necessary or appropriate to the security of the loan, filing fees, attorney's fees, and travel expenses. In the event a borrower defaults under the terms of a plan, the licensee may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the licensee) or to a third party for collection and if the agreement governing the revolving credit plan so provides, charge and collect from the borrower a reasonable attorney's fee. In addition, following a borrower's default, the licensee may, if the agreement governing the plan so provides, recover from the borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred by the licensee;
v. (v) over limit charges - a charge in such amount or amounts as the agreement may provide, for each daily, weekly, monthly, annual or other scheduled billing period under the plan during any portion of which total outstanding indebtedness exceeds the credit limit established under the plan;
vi. (vi) delinquency charges - a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the plan which are in default; provided, however, that no more than 1 such late or delinquency charge may be imposed in respect of any single such installment payment or portion thereof regardless of the period during which it remains in default; and provided further, however, that for the purpose only of the preceding provision all payments by the borrower shall be deemed to be applied to satisfaction of installment payments in the order in which they become due.
vii. (vii) returned check charges - a returned check charge may be assessed to consumers, in such amount or amounts as the agreement may provide, provided the amount(s) of such charges are customary and reasonable for checks that are returned unpaid.
viii. (viii) termination fees - a charge in such amount or amounts as the agreement may provide to terminate revolving credit plan.
ix. (ix) charges incurred in connection with real estate secured transactions - in the case of revolving credit secured by real estate such additional charges as outlined in item (3)(c) of this regulation may also be collected within the limitations stated therein.

b. Closed-end Credit - with respect to a borrower, a lender may charge, collect, or receive one or more of the following fees for loans subject to the provisions of Subchapter III, Chapter 22, Title 5 of the Delaware Code:

i. fees for services rendered or reimbursement of expenses - reasonable fees for services rendered or for reimbursement of expenses incurred in good faith by the licensee or its agent in connection with such loan, including without limitation, commitment fees, official fees and taxes, premiums or other charges for any guarantee or insurance protecting the licensee against the borrowers default or other credit loss, or costs incurred by reason of examination of title, inspection, recording and other formal acts necessary or appropriate to the security of the loan, filing fees, attorney's fees, and travel expenses. In the event a borrower defaults under the terms of the loan, the licensee may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the licensee) or to a third party for collection and if the agreement governing, or the bond, note or other evidence of, the loan so provides, charge and collect from the borrower a reasonable attorney's fees. In addition, following a borrower's default, the licensee may, if the agreement governing, or the bond, note or other evidence of, the loan so provides, recover from the borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred by the licensee;
ii. deferral charges - a deferral charge may be assessed to a borrower in accordance with an agreement to permit the borrower to defer installment payments of a loan;
iii. delinquency charges - if the agreement governing the loan so provides, a late or delinquency charge may be imposed upon any outstanding unpaid installment payment or portions thereof under the loan agreement which are in default; provided, however, that no more than 1 such delinquency charge may be imposed in respect of any single such installment payment or portion thereof regardless of the period during which it remains in default; and provided further that no such delinquency charge may exceed 5% of the amount of any such installment or portion thereof in default;
iv. returned check charge - if the agreement governing the loan so provides, a returned check charge may be assessed to consumers for checks that are returned unpaid provided the amount(s) of such charges are customary and reasonable.
v. charges incurred in connection with real estate secured transactions - in the case of closed end credit secured by real estate such additional charges as outlined in item (3)(c) of this regulation may also be collected within the limitations stated therein.

c. Real Estate Secured Transactions - with respect to a borrower, a lender may charge, collect, or receive one or more of the following fees and charges subject to the limitations herein, for loans subject to the provisions of Subchapters II (Revolving Credit) and III (Closed-End Credit), Chapter 22, Title 5 of the Delaware Code when such loans are secured by real estate:

i. loan origination points - points charged to the borrower on the lender's behalf for any purpose other than to reduce the periodic interest rate applicable to the mortgage loan may not exceed 10% of the principal amount of the loan. Such points may be deducted from the gross proceeds of the loan. For purposes of this regulation "gross proceeds" is the amount financed as defined in Federal Reserve Regulation Z;
ii. loan discount points - points charged to the borrower as a function of rate for the purpose of reducing the periodic interest rate applicable to the mortgage loan. Such points may be deducted from the gross proceeds of the loan;
iii. property appraisal fees - property appraisal fees shall be limited to the amount paid to a third party for such appraisal and shall be limited to those amounts that are customary and reasonable;
iv. credit report fees - credit report fees shall be limited to the actual cost of the report if paid to a third party, not an employee of the lender or affiliate. Such amounts shall be customary and reasonable;
v. mortgage loan broker compensation fees - mortgage loan broker compensation may be deducted from the gross proceeds of the loan. Such amounts shall reasonably reflect the value of the goods, services and facilities provided;
vi. tax certification and service fees - fees for agreements to provide certification of the current tax status of the property as well as fees for ongoing monitoring and notice to the lender of all tax and improvement lien payments as they become due shall be limited to those amounts actually expended for such purposes. Such amounts shall be customary and reasonable;
vii. flood hazard certification or determination fees - determination fees may be charged for determining whether the property is or will be located in a special flood hazard area. This fee may also include the cost of life-of-loan monitoring. Such amounts shall be customary and reasonable;
viii. title abstract/search/examination and title insurance premiums - title insurance and/or cost of a title certificate search, examination and binder shall be limited to those amounts actually expended for such purposes. Such amounts shall be customary and reasonable and may, at the borrower's discretion, include owner's coverage in addition to lender's coverage;
ix. legal fees - legal fees incurred in securing or closing a loan shall be limited to amounts actually paid to an attorney not in the employ of the lender, its parent, or affiliate, and such charges shall not exceed those which are customary and reasonable;
x. recording/satisfaction fees - recording/satisfaction fees shall be limited to those actually expended by the lender to any governmental authority for protection of interest in collateral tendered. The State Bank Commissioner may approve the payment of alternative fees for this purpose provided the amount of said fee (payable by the borrower) shall not exceed the amount which would be payable to any governmental authority for protection of interest in collateral tendered;
xi. property survey fees - property survey fees to obtain a drawing that delineates the exact boundaries of a property, including lot lines and placement of improvements on the property, shall be limited to those amounts actually expended for such purposes. Such amounts shall be customary and reasonable;
xii. pest inspection fees - pest inspection fees to cover inspections for terminates or other pest infestation on the property shall be limited to those amounts actually expended for such purposes. Such amounts shall be customary and reasonable;
xiii. fees incidental to loan closing - other fees and charges including but not limited to: odd days interest, hazard and mortgage insurance premiums, escrow reserves, lender's inspection fees, mortgage insurance application fees, assumption fees, underwriting fees, document preparation fees, settlement or closing fees, notary fees, funding fees, fees for lead based paint or other inspections and overnight mail fees may be charged and such amounts shall be customary and reasonable;
xiv. prepayment penalties - a charge in such amount or amounts as the agreement so provides imposed in connection with the payoff and termination of a revolving credit plan or closed end loan secured by real estate;
xv. notwithstanding the provisions of this item (3)(c) of this regulation, Licensed Lenders who are making mortgage loans pursuant to the rules, regulations, guidelines and/or loan forms established by the State of Delaware or federal governmental or quasi-governmental entity (including, without limitation, the Federal Housing Administration, the Government National Mortgage Association, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation) shall be permitted to charge and collect any fees, charges or sums prescribed to be charged and collected in connection with a mortgage loan originated pursuant to a lending program conducted or supervised by any such entity.