422.305(1)(1) No natural person is obligated to assume personal liability for payment of an obligation arising out of a consumer credit transaction unless the person, in addition to signing the writing evidencing the consumer credit transaction, or a separate guaranty or similar instrument, also either receives a copy of each instrument, document, agreement and contract which is signed by the customer and which evidences the customer’s obligation to pay, or signs and receives at the time of signing a separate instrument in substantially the following language: EXPLANATION OF
PERSONAL OBLIGATION
(a) You have agreed to pay the total of payments under a consumer credit transaction between .... (name of customer) and .... (name of merchant) made on .... (date of transaction) for .... (description of purpose of credit, i.e. sale or loan) in the amount of $.....
(b) You will be liable and fully responsible for payment of the above amount even though you may not be entitled to any of the goods, services or loan furnished thereunder.
(c) You may be sued in court for the payment of the amount due under this consumer credit transaction even though the customer named above may be working or have funds to pay the amount due.
(d) This explanation is not the agreement under which you are obligated, and the guaranty or agreement you have executed must be consulted for the exact terms of your obligations.
(e) You are entitled now, or at any time, to one free copy of any document you sign evidencing this transaction.
(f) The undersigned acknowledges receipt of an exact copy of this notice.
.... (Signature)
422.305(2)(2) The notice must be printed, typed or otherwise reproduced in a size and style equal to at least 10-point boldface type or such similar type as prescribed by the administrator, and shall contain only the matter above set forth and the address of the merchant. 422.305(3)(3) This notice shall not be required to be given to a merchant who endorses or is otherwise liable for payment to an assignee or holder of the customer’s obligation. 422.305(4)(4) The notice required by this section shall not act to increase or decrease the liability of a cosigner. 422.305(5)(5) Taking or arranging for a person to sign an instrument in violation of this section is a violation subject to s. 425.304. 422.305 Cross-referenceCross-reference: See also s. DFI-WCA 1.351, Wis. adm. code. 422.306422.306 Receipts; accounting; evidence of payment. 422.306(1)(1) The creditor shall furnish the customer, without request, a written receipt for each payment made in cash, or any other time the method of payment does not itself provide evidence of payment. 422.306(2)(2) At any time after consummation of a consumer credit transaction other than one pursuant to an open-end credit plan, the creditor, upon written request by the customer, shall furnish to the customer a written statement of the amounts and specifying the dates of payments received and charges imposed, together with the unpaid balance at the time of the statement. With respect to transactions secured by a first lien mortgage, or equivalent security interest, on real property such statement need specify only the dates and amounts of payments received and charges imposed during the previous 12 months, and the unpaid balance remaining at the time of the statement. The customer shall be entitled to one such statement free of charge once every 12 months. Additional statements shall be furnished if the customer pays the creditor’s reasonable costs of preparing and furnishing the statement. 422.306(3)(3) With respect to an open-end credit plan, the creditor shall at any time upon written request by the customer, furnish to the customer a written statement, which may consist of copies of the periodic statements furnished to the customer under the plan, specifying the dates and amounts of purchases or loan credit extended and payments received during the previous 12 months, and the unpaid balance remaining at the time of the statement. The customer shall be entitled to one such statement at a charge not in excess of $1 once every 12 months. Additional statements shall be furnished if the customer pays the creditor’s reasonable costs of preparing and furnishing the statement. 422.306(4)(4) Except as provided in s. 708.15, within 45 days after payment by the customer of all sums for which the customer is obligated under a consumer credit transaction other than one pursuant to an open-end credit plan, the creditor shall give or forward to the customer instruments which acknowledge payment in full, and release of any security interest when there is no outstanding secured obligation, and furnish to the customer or the customer’s designee evidence of the release or assignment to such designee of any recorded lien on real estate and termination of any filed financing statement which perfected such security interest. 422.306 Cross-referenceCross-reference: See also s. DFI-WCA 1.36, Wis. adm. code. 422.307422.307 Estimates or approximations. If at the time disclosures must be made, an amount or other item of information required to be disclosed or needed to determine a required disclosure is unknown or not available to the creditor, and a reasonable effort has been made to ascertain it, the creditor may use an estimated amount or approximation of the information, if: 422.307(1)(1) The estimate or approximation is clearly identified as such, is reasonable and is based on the best information available to the creditor; and 422.307(2)(2) The estimate or approximation is not used for the purpose of circumventing or evading the disclosure requirements of this subchapter. 422.307 HistoryHistory: 1971 c. 239. 422.308422.308 Open-end credit disclosures. 422.308(1)(1) With regard to every open-end credit plan between a creditor, wherever located, and a customer who is a resident of this state and who is applying for the open-end credit plan from this state, every application for the open-end credit plan, including every application contained in an advertisement, shall be appropriately divided and captioned by its various sections and shall set forth all of the following: 422.308(1)(a)(a) The annual percentage rate or, if the rate may vary, a statement that it may do so and of the circumstances under which the rates may increase, any limitations on the increase and the effects of the increase. 422.308(1)(b)(b) The date or occasion upon which the finance charge begins to accrue on a transaction. 422.308(1)(c)(c) Whether any annual fee is charged and the amount of the fee. 422.308(1)(d)(d) Whether any other charges or fees may be charged, what they may be charged for and the amounts of the charges or fees. 422.308(2)(2) With regard to every open-end credit plan between a creditor, wherever located, and a customer who is a resident of this state and who is given the opportunity to enter into an open-end credit plan while present in any establishment located in this state but who is not required to complete an application under sub. (1), the customer shall be given a notice prior to entering into the open-end credit plan. The notice shall be appropriately divided and captioned by its various sections and shall set forth all of the information in sub. (1) (a) to (d). 422.308(3)(3) The administrator shall publish an annual creditors’ noncompliance report on November 1. The report shall set forth the names of creditors that the administrator knows, or reasonably believes, to have violated this section during the preceding 12 months, unless the administrator knows or reasonably believes that the violation or violations were the result of unintentional good faith error. 422.308(4)(4) A violation of this section is subject to s. 425.304 unless the violation was the result of an unintentional good faith error. 422.308(5)(5) If any part of this section is found unconstitutional with regard to a creditor solely or in any part because the creditor is located outside of this state, that part of this section shall not apply to any creditor located within this state. 422.308 HistoryHistory: 1985 a. 244. 422.308 AnnotationWhen a merchant first informed the customer of 24 percent interest to be charged on an open account in statements of the account provided after the account was opened, s. 422.302 and subs. (1) and (2) were violated and the merchant was only entitled to interest under s. 138.04. Severson Agri-Service, Inc. v. Lander, 172 Wis. 2d 269, 493 N.W.2d 230 (Ct. App. 1992). 422.310422.310 Refund anticipation loans. 422.310(1)(1) In addition to any other requirements under this subchapter, a creditor shall disclose all of the following in writing to a customer on a form that is signed by the customer before the customer enters into a refund anticipation loan: 422.310(1)(b)(b) Any charge or fee for electronically filing an income tax return. 422.310(1)(d)(d) The anticipated length of time, within 2 business days, by which the customer will receive the refund anticipation loan proceeds. 422.310(1)(e)(e) That the customer may electronically file an income tax return without obtaining a refund anticipation loan. 422.310(1)(f)(f) The anticipated length of time within which the customer could reasonably expect to receive a tax refund if the income tax return is filed electronically and the customer does not request a refund anticipation loan. 422.310(1)(g)(g) That the customer is responsible for repayment of the refund anticipation loan and refund anticipation loan fees even if the income tax refund is not paid or is paid in a lower amount than was anticipated. 422.310(1)(h)(h) The estimated annual percentage rate, based on the size of the refund anticipation loan, the refund anticipation loan fees and the anticipated maturity date of the refund anticipation loan. The anticipated maturity date shall be the date disclosed under par. (f). 422.310(2)(2) A creditor may not impose a different fee or charge for electronically filing an income tax return on a customer who obtains a refund anticipation loan than the creditor imposes on a customer who does not obtain a refund anticipation loan. 422.310 HistoryHistory: 1993 a. 111. LIMITATIONS ON AGREEMENTS AND PRACTICES
422.401422.401 Scope. This subchapter applies to consumer credit transactions. 422.401 HistoryHistory: 1971 c. 239. 422.403422.403 Maximum periods of repayment. 422.403(1)(1) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan or one pursuant to s. 138.09, no merchant shall initially schedule payments to be paid in full: 422.403(1)(a)(a) Over a period of more than 25 months if the total of payments is $700 or less; 422.403(1)(b)(b) Over a period of more than 37 months if the total of payments is more than $700, but does not exceed $1,400; or 422.403(1)(c)(c) Over a period of more than 49 months if the total of payments is more than $1,400, but does not exceed $2,000, unless the transaction is for the acquisition of or substantial improvement to real property in which case such period shall not exceed 61 months. 422.403(2)(2) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan or one pursuant to s. 138.09, which is for the purpose of an improvement to real property and in which the annual percentage rate disclosed under subch. III is 15 percent or less, no merchant may initially schedule payments to be paid in full: 422.403(2)(a)(a) Over a period of more than 25 months if the total of payments is $300 or less; 422.403(2)(b)(b) Over a period of more than 48 months if the total of payments is more than $300, but does not exceed $1,000; or 422.403(2)(c)(c) Over a period of more than 60 months if the total of payments is more than $1,000, but does not exceed $2,000. 422.403(3)(3) The periods specified in subs. (1) and (2) shall commence with the date of first payment or when the finance charge begins to accrue, whichever is earlier. 422.403(4)(4) This section shall not apply to loans made, guaranteed or funded by federal or state agencies and loans made, guaranteed or funded by nonprofit educational institutions or foundations qualifying under section 501 (c) (3) of the internal revenue code, for purposes of post-high school education. 422.403(4m)(4m) This section does not apply to loans made by an administrative agency within the executive branch established under ch. 15. 422.403(5)(5) Taking or arranging for the customer to sign an instrument in violation of this section is subject to s. 425.304. 422.404422.404 Assignment of earnings. 422.404(1)(1) No merchant shall take or arrange for an assignment of earnings of the customer for payment or as security for payment of an obligation arising out of a consumer transaction unless such assignment is revocable at will by the customer. 422.404(2)(2) A revocable assignment of earnings made as payment or as security for payment of an obligation arising out of a consumer credit transaction, which would otherwise expire under s. 241.09, shall be deemed to be renewed for a term not to exceed 6 months if: 422.404(2)(a)(a) The original authorization contained a conspicuous notice of the customer’s right to revoke; 422.404(2)(b)(b) Prior to expiration, the merchant mails a notice to the customer which conspicuously states that the assignment of earnings is revocable, and that it shall continue to run for not more than 6 additional months, unless the merchant receives notice of revocation; and 422.404 HistoryHistory: 1971 c. 239; 1973 c. 3. 422.405422.405 Authorization to confess judgment prohibited. 422.405(1)(1) No merchant shall take or accept from the customer a warrant or power of attorney or other authorization for the creditor, or other person acting on the creditor’s behalf, to confess judgment. 422.405 HistoryHistory: 1971 c. 239; 1991 a. 316. 422.406422.406 Negotiable instruments. 422.406(1)(1) In a consumer credit sale or lease transaction, no seller or lessor shall take a negotiable instrument (s. 403.104), other than a check, as evidence of the obligation of the customer. 422.406(2)(2) In a consumer loan transaction which constitutes an interlocking loan (s. 422.408), no creditor shall take a negotiable instrument (s. 403.104), other than a check, as evidence of the obligation of the customer. 422.406(3)(3) The holder to whom an instrument issued in violation of this section is negotiated, notwithstanding that the holder may otherwise be a holder in due course of such instrument, is subject to all claims and defenses of the customer against the payee, subject to sub. (4). 422.406(4)(4) Such holder’s liability under this section is limited to: 422.406(4)(a)(a) The amount owing to the holder on such instrument at the time the holder receives notice of a claim or defense of the customer against such payee; plus 422.406(4)(b)(b) If the customer has obtained a judgment against such payee and execution with bond is issued within one year after judgment and is returned unsatisfied, the amount paid by the customer to the holder before the holder received notice of the claim or defense of the customer, if such claim is made against the holder within 2 years after such judgment is returned unsatisfied. Any judgment against the payee, other than a default judgment, shall be binding on the holder.
