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AB1099,11,2120 (f) Require a credit report or credit score to determine a consumer's eligibility
21for earned income access services.
AB1099,12,222 (g) Provide, sell, or otherwise disclose to a 3rd party, including an obligor, any
23nonpublic personal information collected from or about a consumer. This paragraph
24does not prohibit the provider from providing, selling, or otherwise disclosing

1information to the extent necessary to provide earned income access services to the
2consumer or in accordance with a consumer's written consent.
AB1099,12,7 3203.045 Interpretation; applicability. (1) If a provider provides proceeds
4to a consumer in accordance with this chapter, the proceeds are not considered credit,
5the provider is not considered a creditor, and a nonmandatory payment made by the
6consumer to the provider is not considered a finance charge under the federal Truth
7in Lending Act, 15 USC 1601 to 1667f.
AB1099,12,9 8(2) Chapters 421 to 427 do not apply to proceeds a provider provides to a
9consumer in accordance with this chapter.
AB1099,12,14 10203.05 Reporting requirements; books and records. (1) On or before
11March 10 of each year, a provider required to register under s. 203.03 (1) shall submit
12an annual report to the division that includes all of the following information related
13to earned income access services the provider provided in this state during the prior
14year:
AB1099,12,1515 (a) Gross revenue attributable to those earned income access services.
AB1099,12,1716 (b) The total number of transactions in which the provider provided proceeds
17to consumers.
AB1099,12,1918 (c) The total number of unique consumers to whom the provider provided
19proceeds.
AB1099,12,2020 (d) The total dollar amount of proceeds the provider provided to consumers.
AB1099,12,2221 (e) The total dollar amount of nonmandatory payments the provider received
22from consumers.
AB1099,12,2523 (f) The total number of transactions in which proceeds were provided to
24consumers for which the provider did not receive repayment of any outstanding
25proceeds.
AB1099,13,1
1(g) The total dollar amount of transactions described under par. (f).
AB1099,13,42 (h) The total number of transactions in which proceeds were provided to
3consumers for which the provider received partial repayment of outstanding
4proceeds.
AB1099,13,65 (i) The total dollar amount of transactions described under par. (h) and the total
6dollar amount of unpaid outstanding proceeds attributable to those transactions.
AB1099,13,87 (j) The total number of transactions in which outstanding proceeds were repaid
8after the original scheduled repayment date.
AB1099,13,99 (k) The total dollar amount of transactions described under par. (j).
AB1099,13,11 10(2) Failure by a provider to submit a timely report as required under sub. (1)
11is grounds for disciplinary action by the division.
AB1099,13,18 12(3) A provider required to register under s. 203.03 (1) shall keep such books and
13records that, in the opinion of the division, will enable the division to determine
14whether the provider is in compliance with this chapter. The provider shall retain
15records related to proceeds for at least 2 years following the date on which proceeds
16are provided. The provider may keep books and records at a place of business located
17outside of this state if the provider is able to readily produce those books and records
18for review by the division upon reasonable request by the division.
AB1099,13,21 19203.06 Suspension or revocation of registration. (1) The division may
20suspend or revoke a provider's certificate of registration issued under this chapter
21if the division finds any of the following:
AB1099,13,2422 (a) That the provider violated any provision of this chapter, any rule
23promulgated under this chapter, or any lawful order of the division made under this
24chapter.
AB1099,14,3
1(b) That any fact or condition exists that, if it had existed at the time of the
2provider's original application for a certificate of registration, would have warranted
3the division refusing to issue the certificate of registration.
AB1099,14,54 (c) That the provider made a material misstatement in an application for a
5certificate of registration or in information furnished to the division.
AB1099,14,76 (d) That the provider failed to pay the annual registration fee or to maintain
7in effect the bond required under s. 203.03 (5).
AB1099,14,13 8(2) The division shall revoke a provider's certificate of registration issued
9under this chapter if the department of revenue certifies under s. 73.0301 that the
10provider is liable for delinquent taxes. A provider whose registration is revoked
11under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2)
12(b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice
13or hearing under this chapter.
AB1099,14,20 14(3) The division shall revoke a provider's certificate of registration issued
15under this chapter if the department of workforce development certifies under s.
16108.227 that the provider is liable for delinquent unemployment insurance
17contributions. A provider whose registration is revoked under this subsection for
18delinquent unemployment insurance contributions is entitled to a notice under s.
19108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any
20other notice or hearing under this chapter.
AB1099,14,23 21(4) Except as provided in subs. (2) and (3), the division may not revoke or
22suspend a provider's certificate registration except after a hearing under this
23chapter.
AB1099,15,3 24203.07 Violations and enforcement. (1) The division may bring a civil
25action to restrain by temporary or permanent injunction a person from violating this

1chapter or rules promulgated under this chapter or to restrain a person from
2engaging in false, misleading, deceptive, or unconscionable conduct in connection
3with offering earned income access services.
AB1099,15,18 4(2) The division may seek a temporary restraining order without written or
5oral notice to the adverse party. If a court finds that there is reasonable cause to
6believe that the respondent is engaged in the conduct sought to be restrained and
7that such conduct violates this chapter or rules promulgated under this chapter, the
8court may grant a temporary restraining order or any temporary relief the court
9determines is appropriate. A temporary restraining order granted without notice
10shall expire by its terms within a stated time after entry, not to exceed 30 days, as
11the court fixes, unless within this time it is extended by the court, or unless the party
12against whom the order is directed consents that it may be extended for a longer
13period. When a temporary restraining order is granted without notice, the motion
14for a preliminary injunction shall be set down for a hearing at the earliest possible
15time. Upon notice to the party who obtained the temporary restraining order without
16notice, the adverse party may appear and move its dissolution or modification, and,
17in this event, the court shall proceed to hear and determine such motion as
18expeditiously as the ends of justice require.
AB1099,15,21 19(3) The division may recover in a civil action from a person that violates this
20chapter or rules promulgated under this chapter a civil penalty of not less than $100
21and not more than $1,000 for each violation.
AB1099,15,25 22(4) In addition to the amount to which the division is entitled under sub. (3),
23the division may recover in a civil action from a person that knowingly or willfully
24violates this chapter or rules promulgated under this chapter a civil penalty of not
25less than $1,000 and not more than $10,000 for each violation.
AB1099,6
1Section 6. Effective date.
AB1099,16,32 (1) This act takes effect on the first day of the 6th month beginning after
3publication.
AB1099,16,44 (End)
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