DFI-Bkg 74.11(3)(3)Evidences of indebtedness signed by debtor. Any note, mortgage or other instrument which the licensee may have the debtor sign shall be payable to the order of the creditor or jointly to the order of the creditor and the collection agency. All such instruments shall be completely filled in as to terms and conditions at the time the instrument is signed.  If the instrument is made payable only to the order of the licensee, the licensee shall then remit on the account to the creditor the same as if it had been paid in full.
DFI-Bkg 74.11(4)(4)Application of funds where there is a debtor-creditor relationship. If a creditor has a debtor-creditor relationship with a licensee where the person as a creditor has listed accounts with the licensee for collection and where the person also has accounts listed with the licensee by other creditors against the person for collection, collections effected for the person as a creditor may not be applied on accounts that the person owes unless the licensee has a written authorization on file setting forth how the moneys collected are to be applied. A receipt and a remittance statement shall be issued in connection with debtor-creditor accounts so that the person as the debtor has a complete record of how moneys collected on the person’s behalf as a creditor have been applied.
DFI-Bkg 74.11(5)(5)Authorization to consolidate. An authorization to consolidate under s. 218.04 (9j), Stats., shall be in writing and shall include all of the following:
DFI-Bkg 74.11(5)(a)(a) The authorization of the creditor.
DFI-Bkg 74.11(5)(b)(b) The name of the licensee.
DFI-Bkg 74.11(5)(c)(c) The name of the debtor.
DFI-Bkg 74.11(5)(d)(d) The amount of the account the licensee proposes to consolidate.
DFI-Bkg 74.11(5)(e)(e) If the creditor has listed with the licensee more than one account for the debtor, an account number, date of service or other brief description of the account.
DFI-Bkg 74.11(5)(f)(f) A statement as to how the amount of each payment received for a combined account will be apportioned to the creditors.
DFI-Bkg 74.11(5)(g)(g) If payments will be apportioned pursuant to the discretion of either the licensee or the attorney of record, a statement indicating the discretion to apportion.
DFI-Bkg 74.11(6)(6)Collection notices.
DFI-Bkg 74.11(6)(a)(a) Except as provided in pars. (b) and (c), every collection notice mailed or delivered by a licensee shall contain the collection agency’s licensed name, mailing address, and telephone number, both as part of the letterhead and on the portion of the collection notice designed to be returned to the agency with the debtor’s communication or payment.
DFI-Bkg 74.11(6)(b)(b) A collection notice mailed in the creditor’s name does not need to disclose the collection agency’s licensed name, mailing address or telephone number.
DFI-Bkg 74.11(6)(c)(c) A collection notice mailed in the collection agency’s name does not need to disclose the collection agency’s telephone number if the collection notice includes the creditor’s telephone number and directs the debtor to contact the creditor at the creditor’s telephone number.
DFI-Bkg 74.11(7)(7)Paid or settled in full receipts. After a debt has been paid or settled in full, and upon written request by the debtor, a collection agency shall provide to the debtor a written statement or receipt that the debt has been paid or settled in full. Such statement shall be provided within ten business days after request by the debtor and shall be provided free of charge.
DFI-Bkg 74.11(8)(8)Payment histories. For any account that has not been paid or settled in full and for any account that has been paid or settled in full within 24 months of the request, a collection agency shall provide the debtor with a written statement of the debtor’s payments for as long as the collection agency has had the account. The statement shall be provided to the debtor within ten business days after the debtor makes a written request. The statement shall include the debtor’s name, the creditor’s name, the amounts paid, the dates on which payments were received, the allocation of money to principal, interest, court costs, attorney fees, and other fee or costs, if applicable, and the current balance due. Account statements shall be provided upon request without charge once during any twelve (12) month period. If additional statements are requested, they shall be provided upon payment of a fee not to exceed $5.00 per statement.
DFI-Bkg 74.11(9)(9)Overpayments by consumers. If a consumer’s account is overpaid, and there are no other accounts for that consumer listed with the collection agency, the collection agency is not required to issue a refund of the overpayment to the consumer if the amount of the overpayment is $5 or less. If there is another account for that consumer listed with the collection agency, the collection agency shall, regardless of the amount, either refund the overpayment to the consumer or apply the overpayment to the other account. If a refund is required, it shall be made within 30 days from the close of the month during which the payment was received.
DFI-Bkg 74.11(10)(10)Trade names.
DFI-Bkg 74.11(10)(a)(a) A licensee may not conduct business in this state under any name or names other than the name or names listed on the license.
DFI-Bkg 74.11(10)(b)(b) Before using any trade name, a licensee shall obtain approval from the division for the use of the trade name.
DFI-Bkg 74.11(10)(c)(c) A licensee may not conduct business in this state using a trade name that includes a corporate identifier.
DFI-Bkg 74.11 HistoryHistory: CR 06-045: cr. Register September 2006 No. 609, eff. 10-1-06; 2013 Wis. Act 136: am. (2) (d) Register March 2014 No. 699, eff. 4-1-14; CR 23-039: cr. (10) Register March 2024 No. 819, eff. 4-1-24; 2023 Wis. Act 267: cr. (10) Register April 2024 No. 820, eff. 1-1-25; merger of (10) treatments by 2023 Wis. Act 267 and CR 23-039 made under s. 13.92 (4) (bm), Stats., Register April 2024 No. 820.
DFI-Bkg 74.12DFI-Bkg 74.12Annual report. With the exception of the balance sheet and income statement, all portions of the annual report required by s. 218.04 (10) (a), Stats., shall be completed as of the close of business on December 31 in the year for which the annual report is furnished. The licensee may, if written authorization has been granted to the licensee by the division, file a balance sheet and income statement for a date prior to December 31, but not before September 30 in the year for which the report is furnished.
DFI-Bkg 74.12 NoteNote: This section is repealed eff. 1-1-25 by 2023 Wis. Act 267.
DFI-Bkg 74.12 HistoryHistory: CR 06-045: cr. Register September 2006 No. 609, eff. 10-1-06; 2023 Wis. Act 267: r. Register April 2024 No. 820, eff. 1-1-25.
DFI-Bkg 74.13DFI-Bkg 74.13Fair collection practice notice.
DFI-Bkg 74.13(1)(1)Unless the initial communication is written and contains the following notice or the debtor has paid the debt, a licensee shall send the debtor the following notice within 5 days after the initial communication with a debtor: “This collection agency is licensed by the Division of Banking in the Wisconsin Department of Financial Institutions, www.dfi.wi.gov.” This notice shall be in at least 8 point type and shall be typed or printed on either a collection notice or on the validation of any debt directed to the debtor by the licensee pursuant to Section 809 of the Federal Fair Debt Collection Practices Act.
DFI-Bkg 74.13(2)(2)Where the notice required by sub. (1) is printed on the reverse side of any collection notice or validation sent by the licensee, the front of such notice shall bear the following statement in not less than 8 point type: “Notice: See Reverse Side for Important Information.”
DFI-Bkg 74.13 HistoryHistory: CR 06-045: cr. Register September 2006 No. 609, eff. 10-1-06; 2013 Wis. Act 136: am. (1) Register March 2014 No. 699, eff. 4-1-14; CR 23-039: am. (1) Register March 2024 No. 819, eff. 4-1-24.