reglab/housing_qa huggingface dataset:
WI Stat § 425.401 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.401 - Willful violations: misdemeanor.

425.401  Willful violations: misdemeanor. (1) Except as provided in sub. (2), a person who willfully and knowingly engages in any conduct or practice in violation of chs. 421 to 427 may be fined not more than $2,000. (2) A person who intentionally violates s. 425.2065 (2) may be fined not more than $500.History:  1971 c. 239; 1979 c. 89; 2005 a. 255.
WI Stat § 426.101 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.101 - Short title.

426.101  Short title. This chapter shall be known and may be cited as Wisconsin consumer act — administration.History:  1971 c. 239.
WI Stat § 426.102 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.102 - Applicability.

426.102  Applicability. This chapter applies to persons who do any of the following in this state: (1) Make or solicit consumer approval transactions (s. 423.201) or consumer credit transactions or modifications thereof. (2) Directly collect payments from or enforce rights against customers arising from consumer approval transactions or consumer credit transactions, wherever made. (3) Act as a credit services organization, as defined in s. 422.501 (2).History:  1971 c. 239; 1991 a. 244.
WI Stat § 426.103 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.103 - Administrator.

426.103  Administrator. “Administrator" means the secretary of financial institutions.History:  1971 c. 239; 1995 a. 27, 216.
WI Stat § 426.105 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.105 - Administrative powers with respect to supervised financial organizations.

426.105  Administrative powers with respect to supervised financial organizations. (1) All powers and duties of the administrator under chs. 421 to 427 and 429 shall be exercised by the administrator with respect to a supervised financial organization. (2) If the administrator receives a complaint or other information concerning noncompliance with chs. 421 to 427 and 429 by a supervised financial organization, the administrator shall inform the official or agency having supervisory authority over the organization concerned. The administrator may request information about supervised financial organizations from the officials or agencies supervising them. (3) The administrator and any official or agency of this state having supervisory authority over a supervised financial organization shall consult and assist one another in maintaining compliance with chs. 421 to 427 and 429. They may jointly pursue investigations, prosecute suits and take other official action, as they deem appropriate, if either of them otherwise is empowered to take the action.History:  1971 c. 239; 1979 c. 89; 1995 a. 329.
WI Stat § 426.106 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.106 - Investigatory powers.

426.106  Investigatory powers. (1) At any time that the administrator has reason to believe that a person has engaged in or is about to engage in an act which is subject to action by the administrator, the administrator may make an investigation and, with respect thereto, may administer oaths or affirmations, and, upon the administrator's own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things, and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence, and the administrator shall have the right of access to and of examination of such books, documents or other tangible things. In any civil action brought on behalf of the administrator following such an investigation, the administrator may recover the administrator's costs of making the investigation if the administrator prevails in the action. (2) If 5 or more persons file a verified complaint with the administrator alleging that a person has engaged in an act which is subject to action by the administrator, the administrator shall immediately commence an investigation pursuant to sub. (1). (3) If the person's records are located outside this state, the person at the person's option shall either make them available to the administrator at a convenient location within this state or pay the reasonable and necessary expenses for the administrator or the administrator's representative to examine them at the place where they are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the administrator's behalf. (4) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the administrator may apply to any court of record for an order compelling compliance.History:  1971 c. 239; 1991 a. 316.
WI Stat § 426.107 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.107 - Application of chapter 227.

426.107  Application of chapter 227. Except as otherwise provided, ch. 227 applies to and governs all administrative action taken by the administrator pursuant to chs. 421 to 427 and 429. Notwithstanding s. 227.52, the decisions of the administrator are subject to judicial review as provided in ch. 227.History:  1971 c. 239; 1979 c. 89; 1985 a. 182 s. 57; 1995 a. 329.
WI Stat § 426.108 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.108 - Unconscionable conduct.

426.108  Unconscionable conduct. The administrator shall promulgate rules declaring specific conduct in consumer credit transactions and the collection of debts arising from consumer credit transactions to be unconscionable and prohibiting the use of those unconscionable acts. In promulgating rules under this section, the administrator shall consider, among other things, all of the following: (1) That the practice unfairly takes advantage of the lack of knowledge, ability, experience, or capacity of customers. (2) That those engaging in the practice know of the inability of customers to receive benefits properly anticipated from the goods or services involved. (3) That there exists a gross disparity between the price of goods or services and their value as measured by the price at which similar goods or services are readily obtainable by other customers, or by other tests of true value. (4) That the practice may enable merchants to take advantage of the inability of customers reasonably to protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education or similar factors. (5) That the terms of the transaction require customers to waive legal rights. (6) That the terms of the transaction require customers to unreasonably jeopardize money or property beyond the money or property immediately at issue in the transaction. (7) That the natural effect of the practice is to cause or aid in causing customers to misunderstand the true nature of the transaction or their rights and duties under the transaction. (8) That the writing purporting to evidence the obligation of the customers in the transaction contains terms or provisions or authorizes practices prohibited by law. (9) Definitions of unconscionability in statutes, rules, rulings and decisions of legislative, administrative or judicial bodies.History:  1971 c. 239; 1999 a. 85.
WI Stat § 426.109 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.109 - Temporary relief; injunctions.

426.109  Temporary relief; injunctions. (1) The administrator or any customer may bring a civil action to restrain by temporary or permanent injunction a person from violating chs. 421 to 427 and 429 or the rules promulgated pursuant thereto, or to so restrain a merchant or a person acting on behalf of a merchant from engaging in false, misleading, deceptive, or unconscionable conduct in consumer credit transactions. It shall not be a defense to an action brought under this section that there exists an adequate remedy at law. (2) The administrator or customer may seek a temporary restraining order without written or oral notice to the adverse party or his or her attorney. If the court finds that there is reasonable cause to believe that the respondent is engaged in the conduct sought to be restrained and that such conduct violates chs. 421 to 427 and 429 or rules promulgated under chs. 421 to 427 and 429, it may grant a temporary restraining order or any temporary relief it deems appropriate. A temporary restraining order granted without notice shall expire by its terms within a stated time after entry, not to exceed 30 days, as the court fixes, unless within this time it is extended by the court, or unless the party against whom the order is directed consents that it may be extended for a longer period. When a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for a hearing at the earliest possible time. Upon notice to the party who obtained the temporary restraining order without notice, the adverse party may appear and move its dissolution or modification, and in this event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.History:  1971 c. 239; 1979 c. 89; 1995 a. 329.
WI Stat § 426.111 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.111 - Debtors' remedies not affected.

426.111  Debtors' remedies not affected. The grant of powers to the administrator in this chapter does not affect remedies available to customers under chs. 421 to 427 and 429 or under other principles of law or equity.History:  1971 c. 239; 1979 c. 89; 1995 a. 329.
WI Stat § 426.202 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.202 - Fees.

426.202  Fees. (1m) Amount of registration fee.  (a) Definitions. In this subsection:2. “Reporting period" means, for any registration statement, the last full calendar year preceding the date on which the registration statement is due.3. “Year-end balance" means, for any reporting period, the outstanding balance of all consumer credit transactions that a person has entered into or has obtained by assignment, and that originated in this state, as of December 31 preceding the annual registration filing date under s. 426.201 (2m) (a).(b)  Registration fee requirement. Any person required to register under s. 426.201 shall pay a registration fee to the administrator when the person files the registration statement required under s. 426.201.(c)  Amount of registration fee. The amount of the registration fee shall be determined in accordance with rates set by the administrator. In setting these rates, the administrator shall consider the costs of administering chs. 421 to 427 and 429, including the costs of enforcement, education and seeking voluntary compliance with chs. 421 to 427 and 429. The registration fee for a person shall be based on the person's year-end balance for the reporting period. (4)  Submission of data for calculating the amount of fee. A person required to register under s. 426.201 shall submit such financial and other data as the administrator may require which will support the computation of the amount of the fee. (5)  Recovery of fees. The administrator shall bring an action in any court of record to recover any fees that the administrator determines are due and owing under this section.History:  1971 c. 239; 1973 c. 116 s. 6; 1975 c. 407; 1979 c. 168 s. 21; 1991 a. 316; 1995 a. 27, 329; 2001 a. 16.
WI Stat § 426.203 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.203 - Penalties.

426.203  Penalties. Whoever fails to comply with the registration requirements under s. 426.201 or fails to pay a fee required under s. 426.202 may be required to forfeit not more than $50. Each day that this failure continues constitutes a separate offense. Forfeitures received by the administrator under this section shall be credited to the appropriation account under s. 20.144 (1) (h) and may be expended from the account only for consumer or merchant education programs.History:  1995 a. 27.
WI Stat § 426.301 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 426 - Consumer transactions — administration.|426.301 - Violations and enforcement.

426.301  Violations and enforcement. (1) The administrator may recover in a civil action from a person who violates chs. 421 to 427 and 429 or any rule made pursuant to any authority granted in chs. 421 to 427 and 429, a civil penalty of not less than $100 and not more than $1,000 for each violation. (2) In addition to the amount to which the administrator shall be entitled under sub. (1), the administrator may recover in a civil action from a person who knowingly or willfully violates chs. 421 to 427 and 429 or any rule made pursuant to any authority granted in chs. 421 to 427 and 429, a civil penalty of not less than $1,000 and not more than $10,000 for each violation.History:  1971 c. 239; 1979 c. 89; 1995 a. 329.
WI Stat § 427.101 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 427 - Consumer transactions — debt collection.|427.101 - Short title.

427.101  Short title. This chapter shall be known and may be cited as Wisconsin consumer act — debt collection.History:  1971 c. 239.
WI Stat § 427.102 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 427 - Consumer transactions — debt collection.|427.102 - Scope.

427.102  Scope. This chapter applies to conduct and practices in connection with the collection of obligations arising from consumer transactions, including transactions that are primarily for an agricultural purpose.History:  1971 c. 239; 1997 a. 302.
WI Stat § 427.103 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 427 - Consumer transactions — debt collection.|427.103 - Definitions: “claim"; “debt collection"; “debt collector".

427.103  Definitions: “claim"; “debt collection"; “debt collector". (1) “Claim" means any obligation or alleged obligation arising from a consumer transaction, including a transaction that is primarily for an agricultural purpose. (2) “Debt collection" means any action, conduct or practice of soliciting claims for collection or in the collection of claims owed or due or alleged to be owed or due a merchant by a customer. (3) “Debt collector" means any person engaging, directly or indirectly, in debt collection, and includes any person who sells, or offers to sell, forms represented to be a collection system, device or scheme, intended or calculated to be used to collect claims. The term does not include a printing company engaging in the printing and sale of forms.History:  1971 c. 239; 1997 a. 302.
WI Stat § 427.105 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 427 - Consumer transactions — debt collection.|427.105 - Remedies.

427.105  Remedies. (1) A person injured by violation of this chapter may recover actual damages and the penalty provided in s. 425.304; but notwithstanding any other law actual damages shall include damages caused by emotional distress or mental anguish with or without accompanying physical injury proximately caused by a violation of this chapter. (2) If a customer establishes that the customer was induced to surrender collateral, as defined in s. 425.202 (1), by conduct of the merchant which violates this chapter, the customer shall be entitled to a determination of the right to possession of the collateral pursuant to s. 425.205 (1) (e) in any action brought under this subchapter, and if the customer prevails on such issue, in addition to any other damages under this subchapter, the customer shall be entitled to recover possession of the collateral if still in the merchant's possession, together with actual damages for the customer's loss of use of the collateral.History:  1971 c. 239; 1991 a. 316; 2005 a. 255.Sub. (1) does not restrict recovery to persons who are customers under s. 421.301 (17). Zehetner v. Chrysler Financial Co., 2004 WI App 80, 272 Wis. 2d 628, 679 N.W.2d 919, 03-1473.
WI Stat § 428.101 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 428 - First lien real estate and other mortgage loans.|428.101 - Applicability.

428.101  Applicability. This subchapter applies to: (1) Loans made on or after April 6, 1980 and prior to November 1, 1981, by a creditor other than a savings and loan association to a customer and which are secured by a first lien real estate mortgage or equivalent security interest if the amount financed is $25,000 or less. (2) Loans made prior to April 6, 1980, by a creditor other than a savings and loan association and loans made before November 1, 1981, by a savings and loan association to a customer and which are secured by a first lien real estate mortgage or equivalent security interest if the annual percentage rate does not exceed 12 percent per year and the amount financed is $25,000 or less. (3) Loans made on or after November 1, 1981, by a creditor to a customer and which are secured by a first lien real estate mortgage or equivalent security interest if the amount financed is $25,000 or less. History:  1973 c. 18; 1979 c. 110 s. 60 (13); 1979 c. 168; 1981 c. 45; 2003 a. 257; 2005 a. 215.A second mortgage constitutes an equivalent security interest under this section when held by a savings and loan association that holds the first mortgage and there are no intervening liens. 63 Atty. Gen. 557.
WI Stat § 428.102 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 428 - First lien real estate and other mortgage loans.|428.102 - Definitions.

428.102  Definitions. In this subchapter: (1) “Amount financed" means that term as defined in the federal consumer credit protection act, as defined in s. 421.301 (19). (2) “Creditor" means a person who regularly engages in, arranges for or procures from 3rd persons, loans within the scope of this subchapter. (3) “Customer" means a person other than an organization who seeks or acquires credit financing secured by a first lien real estate mortgage, or equivalent security interest, for personal, family, household or agricultural purposes. (4) “Loan" means the creation of debt by the creditor's payment of or agreement to pay money to the customer or to a 3rd party for the account of the customer, or a forbearance by a lender of a debt arising from a loan. (5) “Organization" means organization as defined in s. 421.301 (28). (6) “Person" means person as defined in s. 421.301 (31).History:  1973 c. 18, 232; 2003 a. 257.A sale of a time-share on credit constituted a loan within the meaning of ch. 428 although the seller did not advance funds to the buyer. The seller's forbearance of the balance of the purchase price at the time of closing comes within the sub. (4) definition of a loan. Ott v. Peppertree Resort Villas, Inc., 2006 WI App 77, 292 Wis. 2d 173, 716 N.W.2d 127, 04-1226.
WI Stat § 428.103 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 428 - First lien real estate and other mortgage loans.|428.103 - Limitations.

428.103  Limitations. (1) The following limitations shall apply to all loans subject to this subchapter:(a) No delinquency charge may be collected on an installment which is paid in full on or before the 10th day after its scheduled due date even though an earlier maturing installment may not have been paid in full. For purposes of this section payments are applied first to current installments and then to delinquent installments.(b) Any cosigner, other than the spouse of the customer, shall be given a notice substantially the same as that required by s. 422.305, and the cosigner shall be entitled to a copy of any document evidencing the obligation to pay the debt.(c) With respect to debt collection:1. No creditor shall engage in conduct of the type prohibited by s. 427.104 (1) (a) to (L).2. The exemptions specified in s. 425.106 (1) (a) and (b), with respect to earnings and personal clothing and furnishings except as to fixtures, shall apply.(d) No creditor may take a security interest in the household goods or furnishings, other than fixtures, of a customer.(e) The creditor shall not contract for or charge its attorney fees to the customer except as follows:1. Reasonable fees for opinions of title.2. In foreclosure cases, 5 percent of the amount adjudged due the creditor; or if the dispute is settled prior to judgment, a reasonable fee based on the time, nature and extent of the work involved, but not to exceed 2-1/2 percent of the unpaid principal balance of the loan. (2) A person who commits a violation of this section is liable to the customer in an amount equal to the greater of:(a) Twice the amount of the interest to be charged on the transaction, except that the liability under this subsection shall not be less than $100 nor greater than $1,000; or(b) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.History:  1973 c. 18; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); 1983 a. 92; 1991 a. 316; 1993 a. 80, 490; 2003 a. 257.
WI Stat § 428.104 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 428 - First lien real estate and other mortgage loans.|428.104 - Receipts, accounting.

428.104  Receipts, accounting. (1) Any time a payment is made in cash, or any other time the method of payment does not itself provide evidence of payment, the creditor shall furnish the customer, without request, a written receipt, evidencing such payment. The customer shall be entitled upon request, free of charge, to an annual statement of account showing receipts and disbursements. Subject to s. 708.15, upon payment in full of the customer's obligation, the creditor shall release any mortgage by either recording the necessary instrument and forwarding the same to the customer, or by forwarding a satisfaction of such debt to the purchaser of the real property subject to such satisfied mortgage, or the creditor of such purchaser. (2) A person who commits a violation of this section is liable to the customer in an amount equal to:(a) Twenty-five dollars; and(b) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.History:  1973 c. 18; 2013 a. 66.
WI Stat § 428.105 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 428 - First lien real estate and other mortgage loans.|428.105 - Pleadings.

428.105  Pleadings. A complaint by a creditor to enforce a cause of action shall set forth specifically the facts constituting the alleged default of the customer, the amount to which the creditor is allegedly entitled and a summary of the figures necessary for computation of such amount, and shall be accompanied by an accurate copy of the writing evidencing the transaction.History:  1973 c. 18.The requirements that a creditor attach an accurate copy of the writing evidencing a transaction with the complaint is a pleading requirement. The appropriate remedy for a creditor's failure to comply with this procedural requirement is dismissal of the creditor's action. Beal v. Wyndham Vacation Resorts, Inc. 956 F. Supp. 2d 962 (2013).