Chapter 421

CHAPTER 421

CONSUMER TRANSACTIONS — GENERAL PROVISIONS AND DEFINITIONS

SUBCHAPTER I

SHORT TITLE, CONSTRUCTION,
GENERAL PROVISIONS

421.101   Short title.

421.102   Purposes; rules of construction.

421.103   Applicable law.

421.104   Construction against implied repeal.

421.106   Settlement of claims; agreement to forego rights; waiver.

421.107   Effect of chapters 421 to 427 on powers of organizations.

421.108   Obligation of good faith.

SUBCHAPTER II

SCOPE AND JURISDICTION

421.201   Territorial application.

421.202   Exclusions.

421.203   Partial exclusion for governmentally insured or guaranteed transactions.

SUBCHAPTER III

DEFINITIONS

421.301   General definitions.

421.401   Venue.

subch. I of ch. 421 SUBCHAPTER I

SHORT TITLE, CONSTRUCTION,
GENERAL PROVISIONS

421.101 421.101 Short title. Chapters 421 to 427 shall be known and may be cited as the Wisconsin consumer act.

421.101 History History: 1971 c. 239.

421.101 Annotation The Wisconsin Consumer Act: Territorial Considerations. Anzivino. 96 MLR 833 (2013).

421.102 421.102 Purposes; rules of construction.

421.102(1) (1) Chapters 421 to 427 shall be liberally construed and applied to promote their underlying purposes and policies.

421.102(2) (2) The underlying purposes and policies of chs. 421 to 427 are:

421.102(2)(a) (a) To simplify, clarify and modernize the law governing consumer transactions;

421.102(2)(b) (b) To protect customers against unfair, deceptive, false, misleading and unconscionable practices by merchants;

421.102(2)(c) (c) To permit and encourage the development of fair and economically sound consumer practices in consumer transactions; and

421.102(2)(d) (d) To coordinate the regulation of consumer credit transactions with the policies of the federal consumer credit protection act.

421.102(3) (3) A reference to a provision of chs. 421 to 427 includes reference to a related rule or order of the administrator adopted under chs. 421 to 427.

421.102 History History: 1971 c. 239; 1979 c. 89.

421.102 Annotation Wisconsin Consumer Act penalties are improper when the underlying contract is tainted with illegality. Shea v. Grafe, 88 Wis. 2d 538, 274 N.W.2d 670 (1979).

421.102 Annotation The Wisconsin Consumer Act may constitutionally regulate sales to residents by out-of-state mail order retailers. Aldens, Inc. v. LaFollette, 552 F.2d 745 (1977).

421.102 Annotation Wisconsin Consumer Act—A Critical Analysis. Heiser. 57 MLR 389 (1974).

421.102 Annotation Wisconsin Consumer Act—A Freak Out? Barrett & Jones. 57 MLR 483 (1974).

421.102 Annotation Protection for Consumers Against Unfair and Deceptive Business. Jeffries. 57 MLR 559 (1974).

421.102 Annotation The Wisconsin Consumer Act: Wisconsin Consumer Credit Laws Before and After. Crandall. 1973 WLR 334.

421.102 Annotation An Overview of The Wisconsin Consumer Act. Stute. WBB Feb. 1973.

421.102 Annotation Private enforcement of consumer laws in Wisconsin. Waxman. WBB May 1983.

421.102 Annotation Mandatory Arbitration of Consumer Rights Cases. Schneider & Quirk. Wis. Law. Sept. 2002.

421.102 Annotation Navigating Wisconsin’s Consumer Protection System. Greene. Wis. Law. Sept. 2017.

421.103 421.103 Applicable law.

421.103(1) (1) Unless superseded by the particular provisions of chs. 421 to 427, chs. 401 to 411 and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement chs. 421 to 427.

421.103(2) (2) Unless terms used in chs. 421 to 427 are defined by particular provisions of chs. 421 to 427, they shall have the meaning given them in chs. 401 to 411 and 429, if they are defined in chs. 401 to 411 and 429.

421.103(3) (3) Unless superseded by the particular provisions of chs. 421 to 427 parties to a consumer transaction have all of the obligations, duties, rights and remedies provided in chs. 401 to 411 which apply to the transaction.

421.103(4) (4) Chapters 421 to 427 shall not preempt the administration or enforcement of ch. 100. Conduct proscribed under s. 423.301, 426.108, 426.109 or 426.110 may also constitute violations of s. 100.18 or 100.20.

421.103 History History: 1971 c. 239; 1979 c. 89, 177; 1991 a. 148, 304, 315; 1995 a. 329.

421.104 421.104 Construction against implied repeal. Chapters 421 to 427 being a general act intended as a unified coverage of the subject matter of such chapters, no part of chs. 421 to 427 shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

421.104 History History: 1971 c. 239; 1979 c. 89.

421.106 421.106 Settlement of claims; agreement to forego rights; waiver.

421.106(1) (1) Except as otherwise provided in chs. 421 to 427, a customer may not waive or agree to forego rights or benefits under chs. 421 to 427.

421.106(2) (2) A claim by a customer against a merchant for an excess charge, other violation of chs. 421 to 427 or civil penalty, or a claim against a customer for default or breach of a duty imposed by chs. 421 to 427, if disputed in good faith, may be settled by agreement.

421.106(3) (3) A claim, whether or not disputed, against a customer may be settled for less value than the amount claimed.

421.106(4) (4) A settlement in which the customer waives or agrees to forego rights or benefits under chs. 421 to 427 is invalid if the court as a matter of law finds the settlement to be unconscionable at the time it was made. In this regard the court may consider the competence of the customer as measured by his or her education, ability to speak and read the language of the contract, and his or her prior consumer experience; any deception or coercion practiced upon the customer; the nature and extent of the legal advice received by the customer; and the value of the consideration.

421.106 History History: 1971 c. 239; 1979 c. 89.