reglab/housing_qa huggingface dataset:
WI Stat § 421.102 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.102 - Purposes; rules of construction.

421.102  Purposes; rules of construction. (1) Chapters 421 to 427 shall be liberally construed and applied to promote their underlying purposes and policies. (2) The underlying purposes and policies of chs. 421 to 427 are:(a) To simplify, clarify and modernize the law governing consumer transactions;(b) To protect customers against unfair, deceptive, false, misleading and unconscionable practices by merchants;(c) To permit and encourage the development of fair and economically sound consumer practices in consumer transactions; and(d) To coordinate the regulation of consumer credit transactions with the policies of the federal consumer credit protection act. (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.History:  1971 c. 239; 1979 c. 89.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).The consumer act may constitutionally regulate sales to residents by out-of-state mail order retailer. Aldens, Inc. v. LaFollette, 552 F.2d 745.Wisconsin consumer act — a critical analysis. Heiser, 57 MLR 389.Wisconsin consumer act — a freak out? Barrett, Jones, 57 MLR 483.Protection for consumers against unfair and deceptive business. Jeffries, 57 MLR 559.An overview of the Wisconsin consumer act. Stute, 1973 WBB No. 1.Private enforcement of consumer laws in Wisconsin. Waxman. WBB May 1983.Wisconsin consumer credit laws before and after the consumer act. Crandall, 1973 WLR 334.Mandatory Arbitration of Consumer Rights Cases. Schneider & Quirk. Wis. Law. Sept. 2002.Navigating Wisconsin's Consumer Protection System. Greene. Wis. Law. Sept. 2017.
WI Stat § 421.103 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.103 - Applicable law.

421.103  Applicable law. (1) Unless superseded by the particular provisions of chs. 421 to 427, chs. 401 to 411 and the principles of law and equity, including the law relative to capacity to contract,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. (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. (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. (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.History:  1971 c. 239; 1979 c. 89, 177; 1991 a. 148, 304, 315; 1995 a. 329.
WI Stat § 421.104 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.104 - Construction against implied repeal.

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.History:  1971 c. 239; 1979 c. 89.
WI Stat § 421.106 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.106 - Settlement of claims; agreement to forego rights; waiver.

421.106  Settlement of claims; agreement to forego rights; waiver. (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. (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. (3) A claim, whether or not disputed, against a customer may be settled for less value than the amount claimed. (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.History:  1971 c. 239; 1979 c. 89.An arbitration provision explicitly prohibiting a consumer from proceeding as part of a class was unconscionable. Permitting predispute waivers of class proceedings would be contrary to the Wisconsin Consumer Act's purpose of protecting consumers from unfair practices. Cottonwood Financial, LTD v. Estes, 2010 WI App 75, 325 Wis. 2d 749, 784 N.W.2d 726, 09-0760.
WI Stat § 421.107 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.107 - Effect of chapters 421 to 427 on powers of organizations.

421.107  Effect of chapters 421 to 427 on powers of organizations. (1) Except as specifically provided, chs. 421 to 427 prescribe maximum charges for all consumer credit transactions and displace existing limitations on the powers of creditors based on maximum charges. (2) Except as specifically provided, with respect to sellers of goods or services, lessors of goods, small loan companies, licensed lenders, consumer and sales finance companies and commercial banks and trust companies, chs. 421 to 427 displace existing limitations on their powers based solely on amount or duration of credit. (3) Except as provided in sub. (1), chs. 421 to 427 do not displace limitations on powers of credit unions, savings banks, savings and loan associations or other thrift institutions whether organized for the profit of shareholders or as mutual organizations. (4) Except as provided in subs. (1) and (2), chs. 421 to 427 do not displace:(a) Limitations on powers of supervised financial organizations (s. 421.301 (43)), with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land or other similar restrictions designed to protect deposits; or(b) Limitations on powers an organization is authorized to exercise under the laws of this state or the United States.History:  1971 c. 239; 1979 c. 89.
WI Stat § 421.108 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.108 - Obligation of good faith.

421.108  Obligation of good faith. Every agreement or duty within chs. 421 to 427 imposes an obligation of good faith in its performance or enforcement. “Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.History:  1971 c. 239; 1979 c. 89.
WI Stat § 421.202 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.202 - Exclusions.

421.202  Exclusions. Chapters 421 to 427 do not apply to any of the following:  (1) Extensions of credit to organizations (s. 421.301 (28)).  (2) Transactions in which all parties are organizations (s. 421.301 (28)).  (3) Charges for delayed payment and any discount allowed for early payment in transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates such charges or discounts, or if such charges or discounts are made in connection with the furnishing of electric service by an electric cooperative organized and operating on a nonprofit basis under ch. 185.  (4) The ceilings on rates and charges of a licensed pawnbroker if these ceilings are established by statute or ordinance.  (5) The sale of insurance by an insurer, except as otherwise provided in ch. 424.  (6) Consumer credit transactions in which the amount financed exceeds $25,000, motor vehicle consumer leases in which the total lease obligation exceeds $25,000 or other consumer transactions in which the cash price exceeds $25,000.  (7) Transactions secured by a first lien real estate mortgage or equivalent security interest.  (8) Transactions in securities accounts or securities transactions by or with a broker-dealer, as defined in s. 551.102 (4), registered under ch. 551. (9) Leases of motor vehicles that are not motor vehicle consumer leases under s. 421.301 (25m). (10) Transactions that are primarily for an agricultural purpose, except that this subsection does not exclude transactions that are primarily for an agricultural purpose from ch. 427 and except that this subsection does not exclude credit transactions that are primarily for an agricultural purpose from s. 422.210.History:  1971 c. 239; 1973 c. 18; 1975 c. 207; 1979 c. 89; 1995 a. 329; 1997 a. 302; 2005 a. 215; 2007 a. 196.Consumer leases are subject to the exclusionary provision of sub. (6). “Amount financed" means the purchase price or cash price for property leased. American Industrial Leasing Co. v. Geiger, 118 Wis. 2d 140, 345 N.W.2d 527 (Ct. App. 1984).
WI Stat § 421.203 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.203 - Partial exclusion for governmentally insured or guaranteed transactions.

421.203  Partial exclusion for governmentally insured or guaranteed transactions. (1) Consumer credit transactions, not governed by ch. 428, which are made, insured or guaranteed by the federal government or any agency thereof, or by any federal instrumentality chartered under the federal farm credit act of 1971 (P.L. 92-181; 85 stats. 583; 12 USC 2001 et seq.), or by the department of veterans affairs shall be subject to only those provisions set forth in sub. (2). (2) This chapter, ss. 422.203 (2), 422.305, 422.306, 422.404, 422.406 to 422.409, 422.411, 422.417 and 422.418, ch. 425 except ss. 425.103 to 425.105, and chs. 426 and 427.History:  1973 c. 18; 1979 c. 10; 1997 a. 302; 2005 a. 22.
WI Stat § 421.401 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 421 - Consumer transactions — general provisions and definitions.|421.401 - Venue.

421.401  Venue. (1) The venue for a claim arising out of a consumer transaction or a consumer credit transaction is the county:(a) Where the customer resides or is personally served;(b) Where collateral securing a consumer credit transaction is located; or(c) Where the customer sought or acquired the property, services, money or credit which is the subject of the transaction or signed the document evidencing his or her obligation under the terms of the transaction. (2) When it appears from the return of service of the summons or otherwise that the county in which the action is pending under sub. (1) is not a proper place of trial for such action, unless the defendant appears and waives the improper venue, the court shall act as follows:(a) Except as provided in par. (b), if it appears that another county would be a proper place of trial, the court shall transfer the action to that county.(b) If the action arises out of a consumer credit transaction, the court shall dismiss the action for lack of jurisdiction. (3) If there are several defendants, and if venue is based on residence, venue may be in the county of residence of any of them.History:  1983 a. 228; 1987 a. 208.An improperly venued action arising from a consumer credit transaction “shall be dismissed for lack of jurisdiction" under sub. (2) (b). When the court fails to dismiss, the action is invalid. Kett v. Community Credit Plan, Inc. 228 Wis. 2d 1, 596 N.W.2d 786 (1999), 97-3620.Although voluntarily dismissed, prosecution of improperly venued actions violated the consumer act, and the defendants were prevailing parties under s. 425.308 entitled to attorney fees. Community Credit Plan, Inc. v. Johnson, 228 Wis. 2d 30, 596 N.W.2d 799 (1999), 97-0574.Sections 801.50 and 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corporation, 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253.Sub. (2) (b) states that an improperly venued consumer credit action must be dismissed unless the defendant appears and waives the improper venue. Appearance in the action and pleading in the action are distinct requirements. Waiver under sub. (2) requires the intentional relinquishment of a known right. To establish a valid waiver, it must be proved that the defendant knew the place of proper venue and knew of the right to dismissal of the case when it was not properly venued. A plaintiff must prove that the rights to proper venue and dismissal of an improperly venued action were intentionally relinquished. Continued litigation of an action does not unambiguously demonstrate an intention to relinquish the right to proper venue. Brunton v. Nuvell Credit Corporation, 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253.
WI Stat § 422.101 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.101 - Short title.

422.101  Short title. This chapter shall be known and may be cited as Wisconsin consumer act — consumer credit transactions.History:  1971 c. 239.
WI Stat § 422.102 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.102 - Scope.

422.102  Scope. This chapter applies to consumer credit transactions.History:  1971 c. 239.Creditor's responsibilities and duties under the Wisconsin consumer act. Holbrook, Bugge, 1973 WBB No. 1.Real estate implications of the Wisconsin consumer act. Horton, 1973 WBB No. 1.The effect of the Wisconsin consumer act on farm credit. Miller, 1973 WBB No. 2.
WI Stat § 422.203 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.203 - Delinquency charges.

422.203  Delinquency charges. (1) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan, the parties may agree to a delinquency charge on any installment not paid in full on or before the 10th day after its scheduled or deferred due date in an amount not to exceed $10 or 5 percent of the unpaid amount of the installment, whichever is less. (2) No delinquency charge may be collected on an installment which is paid in full on or before the 10th day after its scheduled or deferred due date even though an earlier maturing installment or a delinquency charge on an earlier installment may not have been paid in full. For purposes of this subsection payments are applied first to current installments and then to delinquent installments. (3) A delinquency charge under sub. (1) may be collected only once on an installment however long it remains in default. A delinquency charge may not be collected for a late installment if, with respect to that installment, there has been a deferral. (4) (a) With respect to a consumer credit transaction, interest after the final scheduled maturity date may not exceed the greater of either 12 percent per year or the annual rate of finance charge assessed on that transaction if the transaction is entered into on or after April 6, 1980 and prior to November 1, 1981, and may not exceed the maximum rate permitted by s. 138.05 (1) (a), if the transaction is entered into prior to April 6, 1980, but if such interest is charged no delinquency charge may be taken on the final scheduled installment.(c) With respect to a consumer credit transaction, interest after the final scheduled maturity date shall not exceed the greater of either 12 percent per year or the annual rate of finance charge assessed on that transaction if the transaction is entered into on or after November 1, 1981, but if interest is charged no delinquency charge may be taken on the final scheduled installment. (5) A violation of this section is subject to s. 425.304.History:  1971 c. 239; 1979 c. 10, 168; 1981 c. 45; 1991 a. 39; 1997 a. 302.A fee that is required in order to allow the reinstatement of payments after a default is a delinquency charge. Burny v. Thorn, 944 F. Supp. 762 (1996).
WI Stat § 422.205 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.205 - Finance charge on refinancing.

422.205  Finance charge on refinancing. (1) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan, the merchant may by agreement with the customer refinance the unpaid balance and may bargain for and receive a finance charge based on the amount financed resulting from the refinancing at a rate not exceeding that permitted in s. 422.201. (2) For the purpose of determining the finance charge permitted in refinancing, the amount financed resulting from the refinancing shall constitute the total of the following:(a) The amount which the customer would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment under s. 422.209 on the date of refinancing, except that for the purpose of computing this amount no minimum finance charge under s. 422.201 (9) shall be allowed; and(b) Appropriate additional charges under s. 422.202, included for the period of refinancing. (3) The maximum period for payments resulting from refinancing under this section shall not exceed the periods provided in s. 422.403 commencing with the date of refinancing, but the outstanding balances for the purposes of that section shall be based on the amount financed resulting from such refinancing. (4) A violation of this section is subject to s. 425.304.History:  1971 c. 239; 1979 c. 10 s. 24.
WI Stat § 422.206 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.206 - Finance charge on consolidation.

422.206  Finance charge on consolidation. (1) If a customer owes an unpaid balance to a creditor with respect to a consumer credit transaction and becomes obligated on another consumer credit transaction or desires to enter into another consumer credit transaction with the same creditor, the parties may agree to a consolidation resulting in a single schedule of payments. (2) The unpaid balance with respect to the previous transaction shall be determined under s. 422.205 and the amount financed resulting therefrom shall be consolidated by adding to it the amount financed with respect to the subsequent transaction. The creditor may contract for and receive a finance charge based on the aggregate amount financed resulting from consolidation at a rate not exceeding that permitted by s. 422.201. (3) The maximum period for payments resulting from consolidation under this section shall not exceed the periods provided for in s. 422.403 commencing with the date of consolidation but the outstanding balances for the purposes of that section shall be based on the amount of the consolidated outstanding balance. (4) A violation of this section is subject to s. 425.304.History:  1971 c. 239.
WI Stat § 422.207 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.207 - Advances to perform agreements of customer.

422.207  Advances to perform agreements of customer. (1) With respect to a consumer credit transaction the parties may, to the extent not prohibited by chs. 421 to 427 and 429, agree that the customer will perform certain duties with respect to preserving or insuring collateral or goods subject to a motor vehicle consumer lease, if such duties are reasonable in relation to the risk of loss of or damage to the collateral or goods. If the customer fails to so perform the creditor may, if authorized by the agreement, pay for the performance of such duties on behalf of the customer. The amount paid may be added to the unpaid balance of the customer's obligation, if, in the absence of performance, the merchant has made all expenditures on behalf of the customer in good faith and in a commercially reasonable manner and the merchant has given the customer written notice of the nonperformance and reasonable opportunity after such notice to so perform. (2) Within a reasonable time after advancing any sums pursuant to sub. (1), the merchant shall state to the customer in writing the amount of the sums advanced, any charges with respect to this amount and any revised payment schedule and, if the duties of the customer performed by the merchant pertain to insurance, a brief description of the insurance paid for including the type and amount of coverages. (3) A finance charge may be made for sums advanced pursuant to sub. (1) at a rate not exceeding the rate stated to the customer pursuant to the provisions on disclosure in subch. III, or if no disclosure is required then at the annual rate of finance charge assessed on that transaction. With respect to an open-end credit plan the amount of the advance may be added to the unpaid balance of the account and the merchant may make a finance charge not exceeding that permitted by s. 422.201. (4) A violation of this section is subject to s. 425.304.History:  1971 c. 239; 1979 c. 10, 89; 1995 a. 329; 1997 a. 302.
WI Stat § 422.208 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.208 - Right to prepay.

422.208  Right to prepay. Subject to s. 422.209 and, with respect to a motor vehicle consumer lease, s. 429.207, the customer may prepay in full or in any part, at any time without penalty, the unpaid balance of any consumer credit transaction other than a transaction secured by a first lien mortgage or equivalent security interest on real estate with an original term of 10 years or more and on which the annual percentage rate disclosed pursuant to subch. III is 10 percent or less.History:  1971 c. 239; 1995 a. 329.
WI Stat § 422.210 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.210 - Agricultural credit transactions.

422.210  Agricultural credit transactions. (1) Permissible finance charges and fees. With respect to a credit transaction that it is primarily for an agricultural purpose, a creditor may not charge, collect or receive any finance charge or fee unless the charge or fee is clearly disclosed in writing to the customer and that is agreed to by the creditor and the customer. (2)  Penalty. A violation of this section is subject to s. 425.304.History:  1997 a. 302.
WI Stat § 422.301 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 422 - Consumer credit transactions.|422.301 - Requirements of federal act.

422.301  Requirements of federal act. In addition to the disclosures required by the federal consumer credit protection act, if any, the creditor shall disclose to the customer to whom credit is extended the information required by this subchapter. With respect to every consumer credit sale payable in installments (s. 421.301 (30)) upon which no separate finance charge is stated or imposed (s. 421.301 (20)) the creditor shall make disclosures in accordance with the federal consumer credit protection act, to the extent applicable, whether or not such act requires such disclosures to be made.History:  1971 c. 239; 1979 c. 10.The functions of disclosure regulation in consumer transactions. Whitford, 1973 WLR 400.