reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.110 - No discharge from employment for garnishment.

425.110
No discharge from employment for garnishment.
(1)
No employer shall discharge an employee because a merchant has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a consumer credit transaction.
(2)
If an employer violates this section, an employee shall recover back wages and be reinstated, if the employee files an action for such relief within 90 days of the employee's discharge.
History:  1971 c. 239.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.111 - Levy before judgment.

425.111
Levy before judgment.
(1)
Prior to entry of judgment in an action subject to this subchapter, no process, other than a restraining order to protect collateral (s. 425.207), shall issue with respect to amounts that are owing or are claimed to be owing or may be owing to the customer by any 3rd person, whether by way of attachment, garnishment or other process.
(2)
With respect to property of the customer other than that described in sub. (1), process may issue in accordance with ch. 811 to establish a lien, except that such process shall not be effective to take, or to divest the customer of possession of, the property until final judgment is entered.
(3)
If the court finds that the creditor probably will recover on the action, and that the customer is acting, or is about to act, with respect to property of the customer upon which a lien has been established under sub. (2), in a manner which substantially impairs the creditor's prospects for satisfying the judgment against such property (s. 811.03), the court may issue an order restraining the customer from so acting with respect to that property until final judgment is entered.
History:  1971 c. 239; 1973 c. 2; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975).
Legislative Council Note, 1973:  Clarifies applicability of this subsection. Section 425.111 (1) refers to property of the customer subject to garnishment, and prescribes limitations on creditors' actions in relation to it. Sub. (2) refers to other property of the customer; however, the language struck by this amendment appears to make sub. (2) refer back to the same property dealt with by sub. (1), so it is deleted. [Bill 355-A]
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.112 - Stay of execution.

425.112
Stay of execution.
At the time of or at any time after the entry of a judgment in favor of a creditor against a customer in an action arising from a consumer transaction, the court, for cause and upon motion of a party or on its own motion, may stay enforcement of the judgment by order upon just and equitable conditions, and continue, modify or revoke the order as the interests of justice may require.
History:  1971 c. 239.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.113 - Body attachments.

425.113
Body attachments.
(1)
No merchant shall cause or permit a warrant against the person of a customer to issue under ch. 816 with respect to a claim arising from a consumer credit transaction. Any process issued in violation of this section is void.
(2)
A violation of this section is subject to s. 425.305.
History:  1971 c. 239; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975).
If this section were to be interpreted to remove a court's power to issue a body attachment for one who chooses to ignore its orders, the interpretation would cause the statute to be unconstitutional as a violation of the principle of separation of powers. Smith v. Burns, 65 Wis. 2d 638, 223 N.W.2d 562 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.202 - Definitions.

425.202
Definitions.
For purposes of this chapter:
(1)
“Collateral" means goods subject to a security interest in favor of a merchant which secures a customer's obligations under a consumer credit transaction.
(2)
“Motor vehicle" has the meaning given in s. 218.0101 (22).
History:  1971 c. 239; 1975 c. 407; 2005 a. 255.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.204 - Voluntary surrender of collateral.

425.204
Voluntary surrender of collateral.
(1)
Notwithstanding a waiver by the creditor of the security interest in collateral under s. 425.203 (2) or any other law, the customer shall have the right at any time to voluntarily surrender all of the customer's rights and interests in the collateral to the merchant.
(2)
The rights and obligations of the merchant and customer with respect to collateral voluntarily surrendered as defined in this section shall be governed by subch. VI of ch. 409, and are not subject to this subchapter.
(3)
The surrender of collateral by a customer is not a voluntary surrender if it is made pursuant to a request or demand, other than a notice under s. 425.205 (1g) (a), by the merchant for the surrender of the collateral, or if it is made pursuant to a threat, statement, or notice, other than a notice under s. 425.205 (1g) (a), by the merchant that the merchant intends to take possession of the collateral.
History:  1971 c. 239; 1991 a. 316; 2001 a. 10; 2005 a. 255.
Under the facts of the case, the customer did not “voluntarily surrender" collateral under sub. (3). Wachal v. Ketterhagen Motor Sales, Inc., 81 Wis. 2d 605, 260 N.W.2d 770 (1978).
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.2065 - Notice to law enforcement.

425.2065
Notice to law enforcement.
(1)
In this section, “law enforcement agency" means the police department, combined protective services department under s. 60.553, 61.66, or 62.13 (2e), or sheriff, that has primary responsibility for providing police protection services in the city, village, or town in which a repossession is expected to occur.
(2)
A merchant who repossesses motor vehicle collateral or goods subject to a motor vehicle consumer lease under s. 425.206 (1) (d), or a person who repossess such collateral or goods on behalf of the merchant, shall notify, verbally or in writing, the law enforcement agency about the repossession. The notification shall include the names of the customer, merchant, and, if applicable, the person who repossesses the collateral or goods on behalf of the merchant. The notification shall also include a description of the collateral or goods. Notification under this subsection shall be made before the repossession occurs.
(3)
Failure to comply with this subsection does not constitute a failure to comply with s. 425.206 (1) (d).
History:  2005 a. 255; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.207 - Restraining order to protect collateral or leased goods; abandoned property.

425.207
Restraining order to protect collateral or leased goods; abandoned property.
(1)
If the court finds that the merchant probably will recover possession of the collateral or goods subject to a consumer lease, and the customer is acting, or is about to act, with respect to the collateral or leased goods in a manner which substantially impairs the merchant's prospect for realization of the merchant's security interest or the merchant's interest in the leased goods, the court may issue an order pursuant to s. 813.02 restraining the customer from so acting with respect to the collateral or leased goods, and need not require a bond by the merchant, notwithstanding s. 813.06.
(2)
A merchant who reasonably believes that a customer has abandoned collateral or goods subject to a consumer lease may take possession of such collateral or leased goods and preserve it. However, the customer may recover such collateral or leased goods upon request unless at the time of request the merchant has perfected the right to possession under s. 425.206 (1) (a), (b), or (d). A merchant taking possession of collateral or leased goods pursuant to this section shall promptly send notification to the customer's last-known address of such action and of the customer's right to recover such collateral or leased goods under this section. If the collateral or leased goods are recovered by the customer pursuant to this section, it shall be returned to the customer at the location where the merchant took possession of such collateral or leased goods pursuant to this section or, at the option of the merchant, at such other location designated by the customer; and any expense incurred by the merchant in taking possession of, holding and returning the collateral or leased goods to the customer shall be borne by the merchant. If after taking possession of collateral or leased goods pursuant to this subsection, the merchant perfects the right to possession under s. 425.206 (1) (a), (b), or (d), the customer is liable for the expenses set forth in s. 409.615 (1). In determining such expenses, leased goods shall be considered collateral under s. 409.615 (1). However, a customer is not liable for expenses of holding the collateral or leased goods from the time the merchant takes possession until the merchant perfects the right to possession in the manner provided in this subsection.
History:  1971 c. 239; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 407, 421, 422; 1979 c. 10; 1981 c. 314 s. 146; 1997 a. 302; 2001 a. 10; 2005 a. 255.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.208 - Customer's right to redeem.

425.208
Customer's right to redeem.
(1)
For a period of 15 days following exercise by the creditor of nonjudicial enforcement rights (s. 425.206) or issuance of process (s. 425.205) with regard to the collateral, the customer shall be entitled to redeem the goods by tendering:
(a)
The total of all unpaid amounts, including any unpaid delinquency or deferral charges due at the time of tender, without acceleration; plus
(b)
Performance necessary to cure any default other than nonpayment of amounts due; plus
(c)
Any court costs, filing and service fees, and bond premium charges incurred by the creditor; plus
(cm)
If a writing evidencing the consumer credit transaction so provides, expenses the creditor is entitled to recover under s. 422.413 (2g) (a) and (b); plus
(d)
Whichever of the following is less:
1.
A performance deposit, in the amount of 3 scheduled installments, or minimum payments in the case of an open-end credit plan.
2.
One-third of the total obligation remaining unpaid with respect to the consumer credit transaction.
(2)
Tender of the payment and performance pursuant to sub. (1) restores to the customer the customer's rights under the agreement as though all payments and performance had been made as scheduled.
(3)
Upon such redemption, any process under which the collateral has been held shall be vacated, any pending action shall be dismissed, and the collateral shall be returned to the customer.
(4)
The performance deposit shall be held by the merchant to secure, and may be applied at any time to, the remaining obligations of the customer under the consumer transaction.
(5)
The existence of the deposit does not cure any subsequent default of the customer, and the deposit need not be credited to the customer's account until the remaining unpaid balance of the transaction becomes equal to the deposit. In the event of a subsequent default, prepayment, or other occurrence (except deferral) which requires the computation under chs. 421 to 427 of the outstanding obligation of the customer, the deposit shall be credited to the amount paid for the purposes of such computation.
(6)
The creditor shall not dispose of the collateral or enter into a contract for the disposition of the collateral, until the expiration of the period for redemption provided in this section, unless the collateral is perishable or threatens to decline speedily in value. Upon the expiration of such period any disposition of the collateral shall be subject to subch. VI of ch. 409, except that the customer may be liable for a deficiency only to the extent provided in ss. 425.209 and 425.210.
History:  1971 c. 239; 1979 c. 10, 89; 1983 a. 389; 1991 a. 316; 1997 a. 302; 1999 a. 85; 2001 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.210 - Computation of deficiency.

425.210
Computation of deficiency.
If the creditor is entitled to a deficiency judgment pursuant to s. 425.209 (1), the creditor shall be entitled to recover from the customer the deficiency, if any, remaining after deducting the fair market value of the collateral from the unpaid balance.
History:  1971 c. 239.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.301 - Remedies to be liberally administered.

425.301
Remedies to be liberally administered.
(1)
The remedies provided by this subchapter shall be liberally administered to the end that the customer as the aggrieved party shall be put in at least as good a position as if the creditor had fully complied with chs. 421 to 427. Recoveries under chs. 421 to 427 shall not in themselves preclude the award of punitive damages in appropriate cases.
(2)
Any right or obligation declared by chs. 421 to 427 is enforceable by action unless the provision declaring it specifies a different and limited effect.
(3)
Notwithstanding any other section of chs. 421 to 427, a customer shall not be entitled to recover specific penalties provided in s. 425.302 (1) (a), 425.303 (1), 425.304 (1) or 425.305 (1) if the person violating chs. 421 to 427 shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(4)
The liability of a merchant under chs. 421 to 427 is in lieu of and not in addition to any liability under the federal consumer credit protection act and ss. 138.09, 138.14, or 218.0101 to 218.0163. An action by a person alleging a violation under chs. 421 to 427 may not be maintained if a final judgment has been rendered for or against that person with respect to the same violation under the federal consumer credit protection act or ss. 138.09, 138.14, or 218.0101 to 218.0163. If a final judgment is entered against any merchant under chs. 421 to 427 and the federal consumer credit protection act or ss. 138.09, 138.14, or 218.0101 to 218.0163 for the same violation, the merchant has a cause of action for appropriate relief to the extent necessary to avoid double liability.
(5)
If there are multiple obligors in the same consumer credit transaction or consumer lease, there may be no more than one recovery of civil penalties for each violation of chs. 421 to 427.
History:  1971 c. 239; 1975 c. 407; 1979 c. 89; 1985 a. 256; 1999 a. 31; 2009 a. 405.
An error of law is not a bona fide error under sub. (3). First Wisconsin National Bank v. Nicolaou, 113 Wis. 2d 524, 335 N.W.2d 390 (1983).
Sub. (2)'s right to enforcement “by action" does not specify any right to trial. In this case, the arbitration agreement merely shifted the proceedings to a less formal, less expensive, and more expedient form. Therefore, the borrower's general attack on agreements to arbitrate, rather than litigate, failed. Cottonwood Financial, LTD v. Estes, 2012 WI App 12, 339 Wis. 2d 472, 810 N.W.2d 852, 09-0760.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.302 - Remedy and penalty for certain violations.

425.302
Remedy and penalty for certain violations.
(1)
A person who commits a violation to which this section applies 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.
(2)
This section also applies to all violations for which no other remedy is specifically provided.
History:  1971 c. 239.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.303 - Remedy and penalty for certain violations.

425.303
Remedy and penalty for certain violations.
A person who commits a violation to which this section applies is liable to the customer in an amount equal to:
(1)
One hundred dollars; and
(2)
The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.
History:  1971 c. 239.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.304 - Remedy and penalty for certain violations.

425.304
Remedy and penalty for certain violations.
A person who commits a violation to which this section applies is liable to the customer in an amount equal to the greater of:
(1)
Twice the amount of the finance charge in connection with the transaction, except that the liability under this subsection shall not be less than $100 nor greater than $1,000; or
(2)
The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.
History:  1971 c. 239.
The word “or" in this section makes it clear that the recovering party is not entitled to both statutory and actual damages. Kirk v. Credit Acceptance Corp., 2013 WI App 32, 346 Wis. 2d 635, 829 N.W.2d 522, 10-2573.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.305 - Transactions which are void.

425.305
Transactions which are void.
(1)
In a transaction to which this section applies, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount.
(2)
In addition, the customer shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
History:  1971 c. 239; 1973 c. 2.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.306 - Unenforceable obligations.

425.306
Unenforceable obligations.
(1)
Any charge, practice, term, clause, provision, security interest or other action or conduct in violation of chs. 421 to 427, to the extent that the same is in violation of chs. 421 to 427, shall confer no rights or obligations enforceable by action.
(2)
This section shall not affect the enforcement of any provision that is not prohibited by chs. 421 to 427.
History:  1971 c. 239; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.307 - Limitation of action.

425.307
Limitation of action.
(1)
Any action brought by a customer to enforce rights pursuant to chs. 421 to 427 shall be commenced within one year after the date of the last violation of chs. 421 to 427, 2 years after consummation of the agreement or one year after last payment, whichever is later, except with respect to transactions pursuant to open-end credit plans which shall be commenced within 2 years after the date of the last violation; but no action may be commenced more than 6 years after the date of the last violation.
(2)
Rights under chs. 421 to 427 may be asserted as a defense, setoff or counterclaim to an action against the customer without regard to this time limitation.
History:  1971 c. 239; 1979 c. 89.
Regardless of the reason the six-year limitations period was included, the language of the statute makes it clear that the six-year deadline is not a way for a plaintiff to avoid the deadlines in the first part of the statute. That part of the statute says that a lawsuit “shall be commenced" within one or two years of certain events. In other words, if the plaintiff is a customer and he cannot meet the limitations periods in the first part of the statute, the plaintiff cannot rely on the last part of the statute to extend his limitations period. McDonough v. WESTconsin Credit Union, 97 F. Supp. 3d 1040 (2015).
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.308 - Reasonable attorney fees.

425.308
Reasonable attorney fees.
(1)
If the customer prevails in an action arising from a consumer transaction, the customer shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the customer's behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorney fees.
(2)
The award of attorney fees shall be in an amount sufficient to compensate attorneys representing customers in actions arising from consumer transactions. In determining the amount of the fee, the court may consider:
(a)
The time and labor required, the novelty and difficulty of the questions involved and the skill requisite properly to conduct the cause;
(b)
The customary charges of the bar for similar services;
(c)
The amount involved in the controversy and the benefits resulting to the client or clients from the services;
(d)
The contingency or the certainty of the compensation;
(e)
The character of the employment, whether casual or for an established and constant client; and
(f)
The amount of the costs and expenses reasonably advanced by the attorney in the prosecution or defense of the action.
History:  1971 c. 239; 1991 a. 316; 1993 a. 490.
Attorney fees awarded under this section often far exceed the amount of recovery. First Wisconsin National Bank v. Nicolaou, 113 Wis. 2d 524, 335 N.W.2d 390 (1983).
Awards of attorney fees and costs are limited to instances in which a customer has shown that a creditor has not “fully complied with chs. 421 to 427." Suburban State Bank v. Squires, 145 Wis. 2d 445, 427 N.W.2d 393 (Ct. App. 1988).
A prevailing party is one who succeeds on any significant issue and is entitled to recover fees relating to successfully litigated issues. Footville State Bank v. Harvell, 146 Wis. 2d 524, 432 N.W.2d 122 (Ct. App. 1988).
Although voluntarily dismissed, prosecution of improperly venued actions violated the consumer act, and the defendants were prevailing parties under this section entitled to attorney fees. Community Credit Plan, Inc. v. Johnson, 228 Wis. 2d 30, 596 N.W.2d 799 (1999), 97-0574.
A party moving for attorney's fees and costs under the Wisconsin Consumer Act (WCA) must show both a significant benefit in litigation and a violation of the WCA on the part of the non-moving party. When a claim for deficiency judgment was dismissed without costs and without prejudice, no violation of the WCA was shown. Credit Acceptance Corp. v. Woodard, 2012 WI App 43, 340 Wis. 2d 548, 812 N.W.2d 525, 11-0135.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.310 - Liability of corporate officers.

425.310
Liability of corporate officers.
Damages or penalties awarded to a customer or the administrator for a violation of chs. 421 to 427 which cannot be collected from a corporation by reason of its insolvency or dissolution shall be recoverable against the principal agents of the corporation including, but not limited to, officers, managers and assistant managers who knew of, should have known of or willfully participated in such a violation, if a meaningful part of the corporation's activities were in violation of chs. 421 to 427.
History:  1971 c. 239; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 425 - Consumer transactions — remedies and penalties. › 425.311 - Evidence of violation.

425.311
Evidence of violation.
Sections 402.202 and 411.202 and any other statute restricting admissibility of parol evidence shall be inoperative to exclude or limit the admissibility of evidence of an act or practice in violation of chs. 421 to 427.
History:  1971 c. 239; 1979 c. 89; 1991 a. 148.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.106 - Remedies.

428.106
Remedies.
(1)
Violations of this subchapter may be enforced by a customer subject to this section and ss. 425.308 to 425.311.
(2)
With respect to a loan subject to this subchapter, if the court as a matter of law finds that any aspect of the transaction, any conduct directed against the customer, by the creditor, or any result of the transaction is unconscionable, the court shall, in addition to the remedies and penalties set forth in this subchapter, and a penalty not to exceed that specified in s. 428.103 (2), refuse to enforce the unconscionable aspect of the transaction or so limit the application of any unconscionable aspect or conduct to avoid any unconscionable result.
(3)
Notwithstanding other provisions of this subchapter, a customer shall not be entitled to recover the specific penalties provided in ss. 428.103 (2) (a) and 428.104 (2) (a) if the person violating this subchapter shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such error.
(4)
Any action brought by a customer to enforce rights under sub. (1) shall be commenced within one year after the date of the last violation of this subchapter, 2 years after consummation of the agreement or one year after the last payment, whichever is later. But in no event shall an action be commenced more than 6 years after the date of the last violation.
(5)
The administrator specified in s. 426.103, solely through the department of justice, may on behalf of any customer institute an action to enforce this subchapter and to recover the damages and penalties provided for this subchapter. In such action the administrator may obtain an order restraining by temporary or permanent injunctions any violation of this subchapter. This subsection shall not be construed to incorporate or grant to the administrator with respect to the enforcement of this subchapter, any of the provisions of ch. 426.
History:  1973 c. 18; 1991 a. 316; 2003 a. 257.